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I-751 question

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Filed: AOS (apr) Country: Canada
Timeline

I am in the process of starting my husband's I-751. I will be mailing the form out in March. I have a question on section 3, number 7. My husband was not arrested or detained. He however had a court case that was dismissed. My husband's lawyer told him after the case was dismissed, he would not have a criminal record. I tried asking USCIS, but they said they could not help answer this question. They gave me the run around of calling all these other people, but I don't even know where I would start to call. What I am wondering is, do I check yes or no on that question? I don't want to check no even though he does not have a record, in case USCIS looks into it and finds the dismissed case somehow. Or do I check yes and explain about the case being dropped? If anyone could help me out or knows a number I could call for help with this question, I'd appreciate that. Thank you :)


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Filed: Citizen (apr) Country: China
Timeline

3, 7 needs to be checked YES it says " Have you ever been ARRESTED" this is true, a person can be ARRESTED and then released, or even have charges dropped, however they were "Arrested"..

I would attach a copy of any paperwork from the case, I would think you would have something that shows charges dropped, and no fine paid.


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Filed: AOS (apr) Country: Canada
Timeline

3, 7 needs to be checked YES it says " Have you ever been ARRESTED" this is true, a person can be ARRESTED and then released, or even have charges dropped, however they were "Arrested"..

I would attach a copy of any paperwork from the case, I would think you would have something that shows charges dropped, and no fine paid.

My husband was not arrested though. He had two court dates. The first was to see if he was able to get a court appointed lawyer and the second was when he went with his lawyer. On the second court date, my husband had his case dismissed, but had to pay a court fee (this was not a fine) and he had to pay restitution to the company (this was not a fine either). Do you think he would be able to get a copy of the dismissed case from his lawyer? Or will he need to go to the court for this?


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Filed: Citizen (apr) Country: China
Timeline

My husband was not arrested though. He had two court dates. The first was to see if he was able to get a court appointed lawyer and the second was when he went with his lawyer. On the second court date, my husband had his case dismissed, but had to pay a court fee (this was not a fine) and he had to pay restitution to the company (this was not a fine either). Do you think he would be able to get a copy of the dismissed case from his lawyer? Or will he need to go to the court for this?

Probably would check NO, however I would ask lawyer to either see about getting some report, or perhaps drafting a letter explaining that case, and why no was checked. In this case if the lawyer is competant you may ask them about the I-751 and what they would recommend.

OUR TIME LINE Please do a timeline it helps us all, thanks.

Is now a US Citizen immigration completed Jan 12, 2012.

1428954228.1592.1755425389.png

CHIN0001_zps9c01d045.gifCHIN0100_zps02549215.gifTAIW0001_zps9a9075f1.gifVIET0001_zps0a49d4a7.gif

Look here: A Candle for Love and China Family Visa Forums for Chinese/American relationship,

Visa issues, and lots of info about the Guangzhou and Hong Kong consulate.

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Filed: AOS (apr) Country: Canada
Timeline

Probably would check NO, however I would ask lawyer to either see about getting some report, or perhaps drafting a letter explaining that case, and why no was checked. In this case if the lawyer is competant you may ask them about the I-751 and what they would recommend.

Thank you for your response. USCIS did not give me any answers at all. They told me to contact an immigration lawyer or some other people, I forgot who. I am going to have my husband call the lawyer who represented him tomorrow. Hopefully that lawyer will be able to help out.


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