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texascamelqueen

Stopped at Border Patrol and Question 7 on I-751

By texascamelqueen in Removing Conditions on Residency General Discussion

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texascamelqueen Apprentice

texascamelqueen   1

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Filed: K-1 Visa Country: Morocco
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hi, i have some questions for you guys. I have a conditional green card of two years. Soon i need to apply for another green card to remove the conditions. i need to answer a question on the form application I-751( the form for a 10 years green card). The question is asking if i have ever been arrested, detained, charged,indicted,imprisoned for breaking or violating any law or ordinance, or committed any crime which you were not arrested in the United States or abroad? Last June i was on the road traveling with my wife from Texas to California. i had to pass by two Border Patrol check points in Texas and in New Mexico. I forgot to carry my permanent resident card in my wallet then they stopped me and kept me for almost 3 hours after taking my picture and my finger prints in Texas and the next day for one hour after taking my picture and finger prints again in New Mexico. However, i had my ID (Texas driver license). I don t know how am i supposed to answer that form question?? i don t know if i need to answer that i was arrested or detained by Border Patrol? i don t know if it was just a simple inspection, and i don't need to put anything on the form? i don t know if i have a criminal history or record because i forgot to carry my permanent resident card? waiting to hear from you. thank you

"One love, one heart, let's get together and feel alright..."

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Cherry&Ed Enthusiast

Cherry&Ed   4

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Filed: Citizen (apr) Country: Philippines
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I think it's not a crime. You do have your state issued ID (driver license). You never went to court and proven guilty of felony or whatever. No victim, no crime.

VIEW MY TIMELINE

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texascamelqueen Apprentice

texascamelqueen   1

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Filed: K-1 Visa Country: Morocco
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What confuses me is the part about being detained. The officer said that not carrying your green card is technically a misdemeanor, and they held me until they could verify my status, but because it was too much trouble to actually charge me with anything, they let me go. So I'm not sure if I was detained or not. By definition, they detained me, but there was never an arrest.

"One love, one heart, let's get together and feel alright..."

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Usui Takumi Veteran

Usui Takumi   1,562

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Filed: Other Country: Afghanistan
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What confuses me is the part about being detained. The officer said that not carrying your green card is technically a misdemeanor, and they held me until they could verify my status, but because it was too much trouble to actually charge me with anything, they let me go. So I'm not sure if I was detained or not. By definition, they detained me, but there was never an arrest.

You were detained officially.

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Brother Hesekiel Mentor

Brother Hesekiel   2,235

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Yes,

you were detained, for almost 3 hours. You said it yourself.

There is no room in this country for hyphenated Americanism. When I refer to hyphenated Americans, I do not refer to naturalized Americans. Some of the very best Americans I have ever known were naturalized Americans, Americans born abroad. But a hyphenated American is not an American at all . . . . The one absolutely certain way of bringing this nation to ruin, of preventing all possibility of its continuing to be a nation at all, would be to permit it to become a tangle of squabbling nationalities, an intricate knot of German-Americans, Irish-Americans, English-Americans, French-Americans, Scandinavian-Americans or Italian-Americans, each preserving its separate nationality, each at heart feeling more sympathy with Europeans of that nationality, than with the other citizens of the American Republic . . . . There is no such thing as a hyphenated American who is a good American. The only man who is a good American is the man who is an American and nothing else.

President Teddy Roosevelt on Columbus Day 1915

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TBoneTX Grand Master

TBoneTX   44,674

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Filed: Citizen (apr) Country: Ecuador
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Posted (edited)

You're officially detained if you're not free to leave, and you weren't free to leave.

This is a lesson to all to carry the green card.

Edited by TBoneTX

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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Usui Takumi Veteran

Usui Takumi   1,562

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Filed: Other Country: Afghanistan
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Posted (edited)

I'd keep it pretty simple like - I was detained at an internal US border checkpoint for three hours while they verified my immigration status.

Edited by Sousuke
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bigdog Veteran

bigdog   376

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Filed: Lift. Cond. (apr) Country: China
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Posted

hi, i have some questions for you guys. I have a conditional green card of two years. Soon i need to apply for another green card to remove the conditions. i need to answer a question on the form application I-751( the form for a 10 years green card). The question is asking if i have ever been arrested, detained, charged,indicted,imprisoned for breaking or violating any law or ordinance, or committed any crime which you were not arrested in the United States or abroad? Last June i was on the road traveling with my wife from Texas to California. i had to pass by two Border Patrol check points in Texas and in New Mexico. I forgot to carry my permanent resident card in my wallet then they stopped me and kept me for almost 3 hours after taking my picture and my finger prints in Texas and the next day for one hour after taking my picture and finger prints again in New Mexico. However, i had my ID (Texas driver license). I don t know how am i supposed to answer that form question?? i don t know if i need to answer that i was arrested or detained by Border Patrol? i don t know if it was just a simple inspection, and i don't need to put anything on the form? i don t know if i have a criminal history or record because i forgot to carry my permanent resident card? waiting to hear from you. thank you

Detained is detained, carry green card, passport I 751, etc.

In Arizona its hot hot hot.

http://www.uscis.gov/dateCalculator.html

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texascamelqueen Apprentice

texascamelqueen   1

Posted
Filed: K-1 Visa Country: Morocco
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Posted

I'd keep it pretty simple like - I was detained at an internal US border checkpoint for three hours while they verified my immigration status.

I have come to this conclusion that yes, I must indicate what happened. What I'm not sure about now is if I have to provide any evidence of it.

On the instructions for the I-751 under "Criminal History", it says "If you have ever been arrested or detained by any law enforcement agency for any reason, and no charges were filed, submit an official statement by the arresting agency or applicable court order confirming that no charges were filed."

Has anyone else been in this situation, and if so, did you provide a statement or simply write what happened on the application? And how did it affect your application process and approval?

"One love, one heart, let's get together and feel alright..."

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Brother Hesekiel Mentor

Brother Hesekiel   2,235

Posted
Filed: Other Timeline
Posted

Yes,

you need to mention that you were detained to check your immigration status. Outcome: was released after my LPR status was confirmed. No need to mention the time you had to wait.

There is no room in this country for hyphenated Americanism. When I refer to hyphenated Americans, I do not refer to naturalized Americans. Some of the very best Americans I have ever known were naturalized Americans, Americans born abroad. But a hyphenated American is not an American at all . . . . The one absolutely certain way of bringing this nation to ruin, of preventing all possibility of its continuing to be a nation at all, would be to permit it to become a tangle of squabbling nationalities, an intricate knot of German-Americans, Irish-Americans, English-Americans, French-Americans, Scandinavian-Americans or Italian-Americans, each preserving its separate nationality, each at heart feeling more sympathy with Europeans of that nationality, than with the other citizens of the American Republic . . . . There is no such thing as a hyphenated American who is a good American. The only man who is a good American is the man who is an American and nothing else.

President Teddy Roosevelt on Columbus Day 1915

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texascamelqueen Apprentice

texascamelqueen   1

Posted
Filed: K-1 Visa Country: Morocco
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  • Author
Posted

Is not carrying your green card considered breaking or violating the law?

Yes, unfortunately it is considered a criminal misdemeanor. A person can technically be deported for it, but it's rare since it is a big hassle.

"One love, one heart, let's get together and feel alright..."

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TinTin and Samby Community Regular

TinTin and Samby   11

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Filed: K-1 Visa Country: Philippines
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OK. Am I the only one confused about this? OP states: "Last June i was on the road traveling with my wife from Texas to California. i had to pass by two Border Patrol check points in Texas and in New Mexico". Last time I had was in a Geography Class, a trip from Texas to California does not take you outside the USA. - hence no borders to cross... How can you have a "Border Patrol Check Point" when you are not crossing the Border? Sorry if the question is dumb, but I don't get it....

Samby

Wishing Everyone Speed, Success, Happiness and Love,

TinTin and Samby

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Inky Grand Master

Inky   1,110

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Filed: Citizen (apr) Country: Canada
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OK. Am I the only one confused about this? OP states: "Last June i was on the road traveling with my wife from Texas to California. i had to pass by two Border Patrol check points in Texas and in New Mexico". Last time I had was in a Geography Class, a trip from Texas to California does not take you outside the USA. - hence no borders to cross... How can you have a "Border Patrol Check Point" when you are not crossing the Border? Sorry if the question is dumb, but I don't get it....

Samby

There are border check points all through the US in that area because of mexico. http://en.wikipedia.org/wiki/United_States_Border_Patrol_Interior_Checkpoints

You are the only one confused about it.

-------------------------------------------- as1cE-a0g410010MjgybHN8MDA5Njk4c3xNYXJyaWVkIGZvcg.gif

Your I-129f was approved in 5 days from your NOA1 date.

Your interview took 67 days from your I-129F NOA1 date.

AOS was approved in 2 months and 8 days without interview.

ROC was approved in 3 months and 2 days without interview.

I am a Citizen of the United States of America. 04/16/13

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