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lubezee

Question about Part 3 no 7 on 1-751

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So we are getting ready to file the I-751 and I just had a question about how to answer #7:

Have you ever been arrested, detained, charged, indicted, fined or imprisoned for breaking or violating any law or ordinance, or committed any crime which you were not arrested in the US or abroad.

So i got denied entry and was allowed to voluntary withdraw my application, had to return to South Africa to file for a K3 visa, got the K3, came to the US and filed the I485 and received my conditional greencard in Dec 2007.

So I would answer yes to this question? Seeing as i was 'detained'. Is that right?

Don't want to make any other mistakes with the USCIS.

Any feedback is appreciated!

Removal of conditions:

I751 sent to CSC via express mail with signature request 12/08/09

Infopass appointment to get one year extension stamped into passport 12/14/09 Issued, no problems

Cheque cashed 12/10/09

I797 Notice of action dated 12/09/2009 received 12/16/09

I797 C Notice of action dated 12/17/2009 received 12/22/09

Biometrics appointment 01/14/2010 11:am

"Touched" 01/15/2010

Email received - Card production ordered 03/22/10

Approval letter received 03/22/10, Decision date 03/18/10

03/24/2010 Approval email

03/27/2010 Card received!

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Filed: K-1 Visa Country: Philippines
Timeline
So we are getting ready to file the I-751 and I just had a question about how to answer #7:

Have you ever been arrested, detained, charged, indicted, fined or imprisoned for breaking or violating any law or ordinance, or committed any crime which you were not arrested in the US or abroad.

So i got denied entry and was allowed to voluntary withdraw my application, had to return to South Africa to file for a K3 visa, got the K3, came to the US and filed the I485 and received my conditional greencard in Dec 2007.

So I would answer yes to this question? Seeing as i was 'detained'. Is that right?

Don't want to make any other mistakes with the USCIS.

Any feedback is appreciated!

Others here are better versed in USCIS regulations than myself, but my interpretation of the question that you have quoted above can be interpreted as such ..

IF you have EVER been arrested, detained (held by authorities / like in jail), charged, indicted, fined or imprisoned for breaking a law then you would answer yes.

IF you have ever committed a crime but were not arrested for it then you would also answer yes.

In reference to your DETAINED / DENIED ENTRY statement, without more information as to why you were denied entry I cannot offer an answer. Detained by definition simply means held (as in jail) by authorities for breaking the law. Denied entry simply means that you were refused entry into the U.S. This being said, unless you were denied entry because you violated a law or an ordinance then your answer would be NO.

Good Luck

Donnie and Sylvia

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Have you ever been arrested, detained, charged, indicted, fined or imprisoned for breaking or violating any law or ordinance, or committed any crime which you were not arrested in the US or abroad.

Ok it clearly states detained for breaking or violating a law or ordinance. Did your detention at the border have anything to do with the breaking of a law??

If not, I would put no.

If you are really uncertain, just put yes and add a note explaining it. I have added notes, indicating that parts of the form where confusing and I added details.

Edited by Killer_Clown_2009

2001 Met

2005 Married

I-485/I-130

12/06/2006-------Mailed I-130/1-485

12/16/2006--------Recieved NOA 1 (I-130 & I-485)

12/18/2006--------Touched I-130/I-485

01/20/2007--------Biometrics

05/10/2007 -- Interview, Approved!

05/22/2007 GREEN CARD arrives!!!

02/2009 - File to lift conditions

I-765

12/14/2006--- Mailed EAD App.

01/20/2007--- Biometrics

02/09/2005-------Sent in request to Congressional office for assistance with expediting EAD.

02/13/2007 -------- EAD Approved!

02/26/2007 - ------EAD received

Removal of Conditions:

05/12/2009 -- Overnighted application by USPS express mail (VSC).

05/14/2009 -- Green Card expired.

05/23/2009 --- Check cleared bank.

05/26/2009 -- Received NOA (NOA date May 15, 2009, guess they aren't deporting me).

05/29/2009- Biometrics Notice date

06/01/2009- Received Biometrics Letter

06/18/2009 - Biometrics

09/23/2009 - date of decision to approve (letter received), just waiting for card. No online updates whatsoever.

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