I was arrested (no charges) and now applying for a Green Card.

[cedv 2]

Hi everybody, not sure If I should post this here (since I'm a new member)

On May I apply for a citizenship (I-130 and I-485). We paid this immigration-naturalization consultant to help us get all the paperwork ready and do all the work for us.

She sent my documents and on the I-485 form she marked NO on the : have you ever been arrested,cited,charged, convicted etc etc.

The thing is that I was arrested back in 2007 due to an argument I had with my now husband on thanks giving. I had some wine and the police officer (woman) was very rude saying she was going to deport me to my country because i was not allowed to live in the States and I told her she couldn't because I had my I-94 and after that she took me to jail. I spent the night there and got fingerprinted and my photo was taken. When they released me the next morning I got no paperwork/report whatsoever. I know I wasn't charged because they told me I was there to "learn my lesson" and nothing else and that's why me and my husband didn't think it was neccesary to tell the consultant that I had been in jail.

This week I got my interview date with a notice that says that if i have ever been arrested or detained by any law for any reason and NO charges were filed, bring: and original official statement by the arresting agency confirming that NO charges were filed.

So, the day of my interview what am I supposed to do/say about this matter? I requested a criminal history record from the sheriff's departement to prove the uscis that I was in jail just for the night and I wasn't charged. Is this going to affect my process? I'm very worried about it since I have a baby and can't even imagine the uscis sending me back to my country =(

thanks for your help

[ConcordUser 18]

Hi everybody, not sure If I should post this here (since I'm a new member)

On May I apply for a citizenship (I-130 and I-485). We paid this immigration-naturalization consultant to help us get all the paperwork ready and do all the work for us.

She sent my documents and on the I-485 form she marked NO on the : have you ever been arrested,cited,charged, convicted etc etc.

The thing is that I was arrested back in 2007 due to an argument I had with my now husband on thanks giving. I had some wine and the police officer (woman) was very rude saying she was going to deport me to my country because i was not allowed to live in the States and I told her she couldn't because I had my I-94 and after that she took me to jail. I spent the night there and got fingerprinted and my photo was taken. When they released me the next morning I got no paperwork/report whatsoever. I know I wasn't charged because they told me I was there to "learn my lesson" and nothing else and that's why me and my husband didn't think it was neccesary to tell the consultant that I had been in jail.

This week I got my interview date with a notice that says that if i have ever been arrested or detained by any law for any reason and NO charges were filed, bring: and original official statement by the arresting agency confirming that NO charges were filed.

So, the day of my interview what am I supposed to do/say about this matter? I requested a criminal history record from the sheriff's departement to prove the uscis that I was in jail just for the night and I wasn't charged. Is this going to affect my process? I'm very worried about it since I have a baby and can't even imagine the uscis sending me back to my country =(

thanks for your help

You should disclose the arrest. Not disclosing will definitely disqualify your application. Immediately send update to USCIS.

[cedv 2]

You should disclose the arrest. Not disclosing will definitely disqualify your application. Immediately send update to USCIS.

What you mean an "update"? send again the form?

[ConcordUser 18]

What you mean an "update"? send again the form?

I think you can send a letter explaning the details and enclose a copy of the court letter. You can take the court certified letter along with you when they call you for the interview. USCIS will not disqualify people for arrest and even some types of convictions. They will definitely deny the application and even start deporting procedures if some one lies on the application and USCIS finds out about it. As long as you disclose all the details in the application and being honest about it is the big plus point with USCIS.

[Kathryn41 3,205]

Topic has been moved from US Citizenship Forum to AOS forum as the OP is not applying for citizenship (N400) but a green card (I-485).

cedv- just to let you know in case you didn't - you are not applying for US citizenship and you won't become a US citizen when you get your green card. You will become a Permanent Resident. After you have been a permanent resident for 3 years and you are still married to your US citizen husband, you are allowed to apply for citizenship with the N400 form. Good luck to you - you have got good advice in the above responses.

[cedv 2]

Topic has been moved from US Citizenship Forum to AOS forum as the OP is not applying for citizenship (N400) but a green card (I-485).

cedv- just to let you know in case you didn't - you are not applying for US citizenship and you won't become a US citizen when you get your green card. You will become a Permanent Resident. After you have been a permanent resident for 3 years and you are still married to your US citizen husband, you are allowed to apply for citizenship with the N400 form. Good luck to you - you have got good advice in the above responses.

thanks, VERY NEW to all this so I didn't know

[cedv 2]

I think you can send a letter explaning the details and enclose a copy of the court letter. You can take the court certified letter along with you when they call you for the interview. USCIS will not disqualify people for arrest and even some types of convictions. They will definitely deny the application and even start deporting procedures if some one lies on the application and USCIS finds out about it. As long as you disclose all the details in the application and being honest about it is the big plus point with USCIS.

I'm going to bring the report I'm going to get from the Sheriff's department with me the day of the interview. I'm going to tell them that I didn't mark I was arrested on my I-485 because I thought being in jail and not charged was like I never was there. I mean, it was an honest mistake.

thank you for your help. the appointment is in a month so I guess I will be nervous until then.

[hmh33 117]

As long as you disclose it at interview you should be fine, I think, unless they send an RFE before then. Do disclose it at the interview though, even if you're not asked about it!