Interview on the 10th, potential issues. Help!!

[Birdsoul 1]

So, I'm kinda freaking out. I'm an adjustment of status applicant with a pending interview on September 10th. I'm a Canadian citizen, my husband is a USC, and we have a 4 month old daughter who was born after we filed. I received my EAD this week. 

We initially hired a lawyer who was a moron and it's now causing me concern. She's since been fired and we now have a new lawyer. She told me that my freelance contracting was fine and not unauthorized employment. That's going to be handled by this new attorney during the interview. 

 

My other concern though is as follows. Two years ago during the breakdown of my prior (abusive) marriage, my ex made a false report to police on his way out which resulted in them coming to my residence during the midst of a nervous breakdown. I never threatened anyone or did anything violent, and was 100% cooperative. Because I was extremely upset though, due to my ex's report, and because I owned a firearm I was brought by police to hospital for a 72 hour hold that was never lawful to begin with because I was never issued required documentation. Soon as I was evaluated, I was released because I do not have a mental disorder and had only had a nervous breakdown. My firearms license was then revoked on that basis (firearms are not a right in Canada and your license can be revoked for any reason, getting divorced being one of them). Now the prior attorney checked "no" on question 25 of the i 485. As far as I'm aware this doesn't count as an arrest, and the detention was by the hospital. I was never charged with anything and have no criminal record whatsoever. But, as previously demonstrated, she was a moron. Is this something that needs to be corrected during the interview too? Would they even have issued the EAD if this was an issue seeing as CPIC shares all its info with NCIC? Please help. This has been keeping me up at night and I just want to be able to stay with my family!

[NikLR 13,220]

~~moved to process and procedures from progress reports~~

 

Your unauthorized work will be forgiven.  As for the previous, what visa did you arrive in the USA with?  

[NikLR 13,220]

I only ask to see if you already had a police report.  

[Birdsoul 1]

Canadians don't require a visa to enter the US. I arrived by car at a POE with my passport. 

[NikLR 13,220]

Okay so a B2.  

I am Canadian.  We are granted a B2 visitor visa when we arrive by land, air or sea. 

So no you wouldn't have obtained a police report since it wasn't a K1. I am unsure about if this will affect your AOS or not. 

[Birdsoul 1]

Should it? I mean, I have a clean criminal record, and it wasn't a crime.... I'm so worried about this. I don't know what to do. 

[Boiler 43,436]

Sounds like an arrest and you entered as a tourist.

[TNJ17 1,329]

You can easily find out by applying for a background check in Canada before your interview. You can do the whole thing online and it only takes a few days. I think it’s fair to say that if you were not charged with a crime by the police you’ll have a clean record. With that said though, it sounds like an arrest though and you should make sure there are actually no charges to your name.

Edited August 16, 2018 by TNJ17

[Birdsoul 1]

Just now, TNJ17 said:

You can easily find out by applying for a background check in Canada before your interview. You can do the whole thing online and it only takes a few days. I think it’s fair to say that if you were not charged with a crime by the police you’ll have a clean record. 

I did pay for a background check and it showed me as having a clean record. It's just the wording of question 25 on the i485 and the fact that this previous lawyer already screwed up one thing that has me panicky. Afaik PCRC only shows records for crimes which have not received a pardon. I know police information checks no longer include mental health contact, but that information does still go to CPIC as a special interest police entry. 😕

[Going through 5,668]

From what you've written in your OP, you were technically arrested (albeit for your own safety at the time) but not charged with committing any offense.

While your lawyer should have written "YES" to question 25, it shouldn't be a huge issue if there were no actual charges placed.

[AshMarty 359]

In the US you can be brought in to the hospital if they suspect you are suicidal, no questions asked, for detainment and evaluation of whether you are a threat to yourself or anyone else. 

 

It sounds like this might have been the case which is very different then being arrested. I would assume you would only know the details of the hospitalization. 

 

https://www.rethink.org/living-with-mental-illness/police-courts-prison/section-136-police-taking-you-to-a-place-of-safety-from-a-public-place

Edited August 16, 2018 by AshMarty

[AshMarty 359]

1 hour ago, AshMarty said:

In the US you can be brought in to the hospital if they suspect you are suicidal, no questions asked, for detainment and evaluation of whether you are a threat to yourself or anyone else. 

 

It sounds like this might have been the case which is very different then being arrested. I would assume you would only know the details of the hospitalization. 

 

https://www.rethink.org/living-with-mental-illness/police-courts-prison/section-136-police-taking-you-to-a-place-of-safety-from-a-public-place

My apologies I highlighted the incorrect section. Below is the correct section. (Section 135)

 

https://www.rethink.org/living-with-mental-illness/police-courts-prison/section-135-police-taking-you-to-a-place-of-safety-from-a-private-place

 

 

Also, if you look up rule changes prior to Dec 2017. Someone can be detained for up to 72 hours for evaluation. 

https://www.rethink.org/living-with-mental-illness/police-courts-prison/section-135-police-taking-you-to-a-place-of-safety-from-a-private-place/old-rules

 

From everything you have stated above the police did nothing unlawful and were following protocol. If this was the protocol they were following then you should not have been arrested by brought directly to a "place of safety".

Edited August 16, 2018 by AshMarty

[Birdsoul 1]

13 minutes ago, AshMarty said:

My apologies I highlighted the incorrect section. Below is the correct section. (Section 135)

 

https://www.rethink.org/living-with-mental-illness/police-courts-prison/section-135-police-taking-you-to-a-place-of-safety-from-a-private-place

 

 

Also, if you look up rule changes prior to Dec 2017. Someone can be detained for up to 72 hours for evaluation. 

https://www.rethink.org/living-with-mental-illness/police-courts-prison/section-135-police-taking-you-to-a-place-of-safety-from-a-private-place/old-rules

 

From everything you have stated above the police did nothing unlawful and were following protocol. If this was the protocol they were following then you should not have been arrested by brought directly to a "place of safety".

That would be the case yes, but I'm unsure if the police department counted it as an arrest or not due to the language of the Ontario Mental Health Act. As for unlawful, I was referring to the hospital as they never provided me with a form 42 even after numerous requests for it. 

[AshMarty 359]

2 minutes ago, Birdsoul said:

That would be the case yes, but I'm unsure if the police department counted it as an arrest or not due to the language of the Ontario Mental Health Act. As for unlawful, I was referring to the hospital as they never provided me with a form 42 even after numerous requests for it. 

Gotcha.

 

I am unsure of Canada law but in the US you would not have been arrested or have a criminal record because of this.

 

Good luck! 

Edited August 16, 2018 by AshMarty

[A&H2018 146]

2 minutes ago, Birdsoul said:

That would be the case yes, but I'm unsure if the police department counted it as an arrest or not due to the language of the Ontario Mental Health Act. As for unlawful, I was referring to the hospital as they never provided me with a form 42 even after numerous requests for it. 

Same rules applies in Canada it is not an arrest. Issue was your ex in his brillance called 9-1-1 or so and they police cannot go home without following protocol. If you resisited then it would have led to an arrest. If the police just leave and do not follow up they are breaking protocol.

 

The unauthorized work...ekk even my lawyer was not that dumb and I fired him rather fast.