Should a beneficiary arrested once in US but no conviction expect delays?

[Tim/Mav 305]

Thanks, can you explain this a little more detail? I read the wiki link, i seen the crimes listed there etc, but what exactly do you mean? did you read the part above the box where it breaks down the crimes, it says an offense or arrested on suspicion of offense?

Obtain a TRUE Certified Copy with a Courthouse Seal and dated / signed by the Court Adminstrator of this event JUST IN CASE. It will show a Non-Conviction. NEVER SUPPLY INFORMATION YOU ARE NOT ASKED FOR but have this with you.

[Enigma11561 336]

Obtain a TRUE Certified Copy with a Courthouse Seal and dated / signed by the Court Adminstrator of this event JUST IN CASE. It will show a Non-Conviction. NEVER SUPPLY INFORMATION YOU ARE NOT ASKED FOR but have this with you.

See above. Do this. Never try to conceal the truth. You were arrested but never convicted. It may slow things down a bit if they choose to investigate but I highly doubt it will affect your application negatively.If an explanation is needed keep it real simple.Example: your house was broken into, there was a fight, police came and arrested everyone( the fact they came days later is irrelevant).You spent 2 days in jail as they sorted things out and your were then released and never convicted of any thing.

[C Med 14]

I was arrested once while in the US, i was attacked by a neighbor and 2 of his friends as they forced entry into my apartment after a night of drinking. To cut a long story short, due to a misunderstanding of whoever called the police, i was arrested for chasing the attackers out of my home with a weapon. Charge was assault with deadly weapon, but keep in mind no one was physically injured, scathed or even scratched or touched. I got bailed out a couple days later, and got a lawyer, the case was dismissed before it went to court. I think it was made apparent to the police what happened, and the guy had a really bad name at the apartment complex. The complex manager had cancer, and she had a nurse who was deaf attend to her sometimes, the same guy attacked both of them on a previous occasion.

My question is should i expect any major delays due to this unfortunate circumstance?

Hope this helps...My fiance is from Ireland, and was arrested for aggravated assault. Now, keep in mind, that the lunatic neighbor who called the police on him, has also called the police on half the people on the street, and has a file as long as your leg at the police station for making false accusations. The police in the area don't usually entertain her accusations, knowing that they are false. In this instance however, rookie cops were sent out to the house, and not knowing ths situation with this woman, they arrested my fiance. He did nothing wrong at all.

Once it was cleared up, my fiance was released, and was told that the arrest would be removed from his record entirely. We were concerned that this would cause delays in our case, at the very least. When my fiance obtained his police cert for the interview, sure enough, it was blank. When filling out the forms in packet 3 however, he was asked if he had ever been arrested, and to explain. Not wanting to lie, he checked that he HAD been arrested and explained. Even though there was no trace of the arrest on his police cert, we didn't want to deny it had happened...just in case.

I attended the interview with my fiance in Dublin, and I was all ready for the CO to ask about the arrest. He never did. It didn't seem to be an issue at all. I think the fact that there was no conviction made the difference.

I know your situation is a little different, but I hope this helps ease your worries somewhat. Either way, every case is different, and what's true for one may not be true for another. If you and your fiance have a legitimate relationship and follow the instructions of USCIS and the consulate to a T (preparing and providing accurate documentation, pictures, etc.) than I think you have little to worry about. Also, the office at the consulate in Dublin is very nice. The interview went a lot easier than I thought it would. I strongly believe that attending the interview with my fiance helped a great deal..so if it is at all possible for both of you to attend the interview in Dublin, I would recommend it highly.

In short, no, I don't think that your petition will be delayed in any way because of the arrest, but you may...or may not...be asked to explain the circumstances at the interview.

[DeeDee&Sam 68]

i punched someone in the face, made them lose a front tooth and i got picked up by the police for that thing. anyway few days after the charges were dropped . when i took my police record for k1 it was clean. guess you'll be fine :/

[Used to be broken 147]

I was arrested once while in the US, i was attacked by a neighbor and 2 of his friends as they forced entry into my apartment after a night of drinking. To cut a long story short, due to a misunderstanding of whoever called the police, i was arrested for chasing the attackers out of my home with a weapon. Charge was assault with deadly weapon, but keep in mind no one was physically injured, scathed or even scratched or touched. I got bailed out a couple days later, and got a lawyer, the case was dismissed before it went to court. I think it was made apparent to the police what happened, and the guy had a really bad name at the apartment complex. The complex manager had cancer, and she had a nurse who was deaf attend to her sometimes, the same guy attacked both of them on a previous occasion.

My question is should i expect any major delays due to this unfortunate circumstance?

You might experience delays not sure if major. What jumps out at me is the mention of a "WEAPON" and the description "assault with deadly weapon". The charge though dropped may merit more scrutiny. I think if the "deadly weapon" was a potatoe peeler it will be an entirely different issue than if it was a Gun or Knife or Ninja Stars etc.

If it was a gun you might have a serious problem. Spend the $ and get a consult with an immigration attorney.

[Gary and Alla 3,694]

I was arrested once while in the US, i was attacked by a neighbor and 2 of his friends as they forced entry into my apartment after a night of drinking. To cut a long story short, due to a misunderstanding of whoever called the police, i was arrested for chasing the attackers out of my home with a weapon. Charge was assault with deadly weapon, but keep in mind no one was physically injured, scathed or even scratched or touched. I got bailed out a couple days later, and got a lawyer, the case was dismissed before it went to court. I think it was made apparent to the police what happened, and the guy had a really bad name at the apartment complex. The complex manager had cancer, and she had a nurse who was deaf attend to her sometimes, the same guy attacked both of them on a previous occasion.

My question is should i expect any major delays due to this unfortunate circumstance?

No, BUT. Anyone can have delays at any point for any reason or no reason. Sorry if that wasn't what you want to hear but there is no one here that can answer your question with any degree of accuracy.

Do not make any plans until the visa is IN YOUR HAND

[Bryan and Isabel 29]

I was arrested for assault ( just like him, it was in self defense, but i did more damage ) so i took a plea bargin and pleaded guilty it got amended to a minor mesdemenor and a small fine.

will this be a problem for my k-1?

[bigdog 376]

Sounds like your party may have jeopardized your status, be safe see an immigration attorney. Cops do not kick in doors for no reason "generally". Ones credibility is all we have, once that is gone!

[realizment 18]

Obtain a TRUE Certified Copy with a Courthouse Seal and dated / signed by the Court Adminstrator of this event JUST IN CASE. It will show a Non-Conviction. NEVER SUPPLY INFORMATION YOU ARE NOT ASKED FOR but have this with you.

This is great advice, how do I go about this? I will ask my lawyer also see if we can get this.

See above. Do this. Never try to conceal the truth. You were arrested but never convicted. It may slow things down a bit if they choose to investigate but I highly doubt it will affect your application negatively.If an explanation is needed keep it real simple.Example: your house was broken into, there was a fight, police came and arrested everyone( the fact they came days later is irrelevant).You spent 2 days in jail as they sorted things out and your were then released and never convicted of any thing.

Thank you!

Hope this helps...My fiance is from Ireland, and was arrested for aggravated assault. Now, keep in mind, that the lunatic neighbor who called the police on him, has also called the police on half the people on the street, and has a file as long as your leg at the police station for making false accusations. The police in the area don't usually entertain her accusations, knowing that they are false. In this instance however, rookie cops were sent out to the house, and not knowing ths situation with this woman, they arrested my fiance. He did nothing wrong at all.

Once it was cleared up, my fiance was released, and was told that the arrest would be removed from his record entirely. We were concerned that this would cause delays in our case, at the very least. When my fiance obtained his police cert for the interview, sure enough, it was blank. When filling out the forms in packet 3 however, he was asked if he had ever been arrested, and to explain. Not wanting to lie, he checked that he HAD been arrested and explained. Even though there was no trace of the arrest on his police cert, we didn't want to deny it had happened...just in case.

I attended the interview with my fiance in Dublin, and I was all ready for the CO to ask about the arrest. He never did. It didn't seem to be an issue at all. I think the fact that there was no conviction made the difference.

I know your situation is a little different, but I hope this helps ease your worries somewhat. Either way, every case is different, and what's true for one may not be true for another. If you and your fiance have a legitimate relationship and follow the instructions of USCIS and the consulate to a T (preparing and providing accurate documentation, pictures, etc.) than I think you have little to worry about. Also, the office at the consulate in Dublin is very nice. The interview went a lot easier than I thought it would. I strongly believe that attending the interview with my fiance helped a great deal..so if it is at all possible for both of you to attend the interview in Dublin, I would recommend it highly.

In short, no, I don't think that your petition will be delayed in any way because of the arrest, but you may...or may not...be asked to explain the circumstances at the interview.

Thank you so much, did this case your talking about happen in the US?

i punched someone in the face, made them lose a front tooth and i got picked up by the police for that thing. anyway few days after the charges were dropped . when i took my police record for k1 it was clean. guess you'll be fine :/

Was this in the US?

You might experience delays not sure if major. What jumps out at me is the mention of a "WEAPON" and the description "assault with deadly weapon". The charge though dropped may merit more scrutiny. I think if the "deadly weapon" was a potatoe peeler it will be an entirely different issue than if it was a Gun or Knife or Ninja Stars etc.

If it was a gun you might have a serious problem. Spend the $ and get a consult with an immigration attorney.

It was a standard kitchen bread knife, the first thing that was available to grab and hold up in the air to get the people out of my house and from possible endangering my life, the law constitutes the person under attack to do a lot more.

No, BUT. Anyone can have delays at any point for any reason or no reason. Sorry if that wasn't what you want to hear but there is no one here that can answer your question with any degree of accuracy.

Do not make any plans until the visa is IN YOUR HAND

I know that too well haha, thanks again with the straight but valuable advice!

Sounds like your party may have jeopardized your status, be safe see an immigration attorney. Cops do not kick in doors for no reason "generally". Ones credibility is all we have, once that is gone!

Firstly, I didnt have a party, the intruders did, to my knowledge... But affected my status how? And also the cops did not kick in my door, the intruders/attackers did... Ive re iterated this a couple of times throughout the thread and i still feel like im being judged. If you see my response about the importance of not lying in the first page of this thread you will know the score.

[Channah&Aaron 51]

; it may or may not delay your case. You'll just have to wait til your NOA2

Though, take your documents (true Certified Copy with a Courthouse Seal and dated / signed by the Court Adminstrator) to your interview just in case.

Don't bring things up until they ask for it, and if they ask for it, you have the documents and show/explain them what happened.

Though, while filing, doesn't a question popped up saying "have you ever been arrested, blabla"?!

Good luck!

[newlyweds2010 208]

I know it doesn't change what others have already said (that there is no conviction, therefore you answer No if asked about previous convictions), but am I the only one to consider the act of chasing someone out of your house (I assume they were running away) with a deadly weapon exactly as an assault with a deadly weapon? it's certainly something that goes beyond self-defense. I think you were very lucky.

[realizment 18]

thank you, yea that question comes up, ive answered truthfully to it in the past and received non immigrant visas, so hopefully shouldnt be an issue.

[newlyweds2010 208]

I was arrested for assault ( just like him, it was in self defense, but i did more damage ) so i took a plea bargin and pleaded guilty it got amended to a minor mesdemenor and a small fine.

will this be a problem for my k-1?

why did you take a plea bargain if it was self defense? a plea bargain means that you recognize you're guilty (you say it yourself, that you pleaded guilty), and in exchange of saving the state the time and money of a trial, you get a smaller conviction. by the way, are you the petitioner or the beneficiary?

[realizment 18]

I know it doesn't change what others have already said (that there is no conviction, therefore you answer No if asked about previous convictions), but am I the only one to consider the act of chasing someone out of your house (I assume they were running away) with a deadly weapon exactly as an assault with a deadly weapon? it's certainly something that goes beyond self-defense. I think you were very lucky.

Are you serious? Should have let these 3 men who were out of their mind on something, attack me? rob me? possible do something more vile and serious or even murder me and my sleeping roomates? Im pretty sure the law allows you to go beyond chasing someone out of your home in these cases, actually way beyond. I never done that, i used tactic to get these people out of my home without injuring them or without ending up dead myself. The forced entry into my home, the approached me aggressively and almost pulled my arm out of its socket. Oh and by the way, just in cased you missed it earlier, when the police done the investigation, (im sure this was one of the points that proved my innocence) the apartment complex manager who had cancer had a thick file of complaints on the one guy who actually lived there, the same guy assaulted her and her deaf nurse on a previous occasion.

Im sorry but i think that was a pretty ignorant statement you made. Im not sure if you read the whole thread. But i will certainly not sit back and gamble with my life. There was no intention on my behalf to hurt anyone and nobody got hurt, my instincts saved my life that night. And if i didnt do what i did which was basically nothing, i might not be here now typing this. If you believe breaking into peoples homes and threatening them is normal and the person who owns the home should enjoy that, then i understand your reason for this post. Oh and as for assumption, their devil like laughs as they were cornering me didnt make me think they would ever ruin away, the only left as i picked up the weapon and shouted loudly to try draw some attention to the scene.

[newlyweds2010 208]

Are you serious? Should have let these 3 men who were out of their mind on something, attack me? rob me? possible do something more vile and serious or even murder me and my sleeping roomates? Im pretty sure the law allows you to go beyond chasing someone out of your home in these cases, actually way beyond. I never done that, i used tactic to get these people out of my home without injuring them or without ending up dead myself. The forced entry into my home, the approached me aggressively and almost pulled my arm out of its socket. Oh and by the way, just in cased you missed it earlier, when the police done the investigation, (im sure this was one of the points that proved my innocence) the apartment complex manager who had cancer had a thick file of complaints on the one guy who actually lived there, the same guy assaulted her and her deaf nurse on a previous occasion.

Im sorry but i think that was a pretty ignorant statement you made. Im not sure if you read the whole thread. But i will certainly not sit back and gamble with my life. There was no intention on my behalf to hurt anyone and nobody got hurt, my instincts saved my life that night. And if i didnt do what i did which was basically nothing, i might not be here now typing this. If you believe breaking into peoples homes and threatening them is normal and the person who owns the home should enjoy that, then i understand your reason for this post. Oh and as for assumption, their devil like laughs as they were cornering me didnt make me think they would ever ruin away, the only left as i picked up the weapon and shouted loudly to try draw some attention to the scene.

Look, even in Texas where you first shoot and then ask who knocked on the door, I think that chasing somebody with a deadly weapon is prohibited by the law. There is self-defense, but that has to be proportionate to the offense. meaning that if somebody attacks you with a fist, you can't stab him. if the attacker withdraws, self-defense ceases to exist. a person running away does not create a threat. he's leaving. what comes next is called retaliation. which is understandable, if not justifiable. certainly human, and many would react like you did. of course my statement is ignorant, because I ignore what happened in your house, whether these 3 gentlemen were holding a weapon in their hands themselves, what you were doing when they broke into your house, etc. etc. again, in a way or the other, you've been lucky. unhurt and out of troubles.