Calling USCIS for FBI check

[harami 2]

I am wondering if I can call USCIS customer service to find out if my FBI check came back clean. I went to court and paid a noise violation fine in PA 2 years ago, and am wondering if that sort of stuff comes up in a background check. I called the court and the police station that gave me the citation, and they both confirmed that a non-traffic citation summons does not get reported beyond the police station, and that it will not turn up on a FBI NCIC name check. I also wrote NO on the have you been arrested question on i495. However, I would like to be certain. I will of course take the court documents with me and if asked I will answer truthfully. But, I am wondering if I should or should not volunteer a noise violation citation at the interview, given the possibility that the IO may then ask for sealed court documents and disposition records and what not.

Thank you for your responses. I have been reading on what gets reported to NCIC and UNI, and it seems that only misdemeanors and up get reported while summary violations excepting retail theft and theft of services do not. Any insights on this?

[Fan_Dancer 171]

Were you arrested or did they write a ticket?

[harami 2]

A Ticket.

So, can I call USCIS customer service and ask them the result of my background check?

[msbau764 245]

a ticket for such a minor, laughable offense has no bearing on your application assuming they can even find such things. Multiple DUIs, abuse of elderly, children, and women, assaults, murders, drug trafficking etc. are the red flags that could stall a case or that may need the appropriate waivers. you're good. don't sweat it.

Edited September 16, 2014 by msbau764

[harami 2]

Hah! Thanks man. I know its ridiculuous. But, I was going through the I485 and rereading the question, it says. have you been arrested,CITED, CHARGED, indicted ....etc.

I was cited for the noise violation, and I was charged, I plead guilty and paid a fine. So, is the NO on the i485 wrong? My fear is that when the IO asks me the question, and I say NO, she pulls up a record of my violation and accuses me of lying.

[RogerluvsJessa 10]

I would suggest saying yes. They will more than likely see it but it will not cause you any problems if you are honest about it.

[harami 2]

I would suggest saying yes. They will more than likely see it but it will not cause you any problems if you are honest about it.

Thanks, and I think that is the correct course of action.

However, I just called the police department that issued the citation, and talked to a police officer there. He said, the only way anyone would ever find out about the citation is if they called that specific police station and asked about me by name. He said summary offenses are not even reported to the state level, so not even a statewide check will show that I have this record. He said it wouldn't turn up in FBI's CRS or UNI.

Given that USCIS on their website says they do four checks. TECS, IDENT, FBI Fingerprint and FBI NNCP, I see no way how this will turn up in the USCIS's background check given there is no upward reporting.

However, I will carry the court files with me for my interview and volunteer the court disposition document that says - Disposition Guilty for A Noise Ordinance Violation. I just hope the IO will not say, well this document does not have a seal or isnt in a sealed envelope because that would delay the process by another few weeks at least.

[Hypnos 6,578]

You should have answered "Yes" to that question; it's not that USCIS or the FBI will find out about your citation through their checks, it's that you should have declared it to them on the form that carries a potential punishment of perjury for not providing accurate information.

[harami 2]

Noted

[zuluweta 250]

I am wondering if I can call USCIS customer service to find out if my FBI check came back clean. I went to court and paid a noise violation fine in PA 2 years ago, and am wondering if that sort of stuff comes up in a background check. I called the court and the police station that gave me the citation, and they both confirmed that a non-traffic citation summons does not get reported beyond the police station, and that it will not turn up on a FBI NCIC name check. I also wrote NO on the have you been arrested question on i495. However, I would like to be certain. I will of course take the court documents with me and if asked I will answer truthfully. But, I am wondering if I should or should not volunteer a noise violation citation at the interview, given the possibility that the IO may then ask for sealed court documents and disposition records and what not.

Thank you for your responses. I have been reading on what gets reported to NCIC and UNI, and it seems that only misdemeanors and up get reported while summary violations excepting retail theft and theft of services do not. Any insights on this?

Were you read your Miranda rights by the police officer? Were you taken to the police station, booked and processed? Did the police take your mugshot? Did the police take your fingerprints? If the answer is no for all of those questions, then no, you were not arrested.

However, if at any point you were not free to leave, then you might have been detained.

[zuluweta 250]

Hah! Thanks man. I know its ridiculuous. But, I was going through the I485 and rereading the question, it says. have you been arrested,CITED, CHARGED, indicted ....etc.

I was cited for the noise violation, and I was charged, I plead guilty and paid a fine. So, is the NO on the i485 wrong? My fear is that when the IO asks me the question, and I say NO, she pulls up a record of my violation and accuses me of lying.

I'm rereading your posts. I'm now of the opinion that you should have answered 'YES' to this question in the I-485, because you were cited (issued a ticket) and charged (you had to go to court). You might be in for tough questioning on this at your AOS interview. The fact that you pleaded guilty to a possible misdemeanor and paid a fine might be a criminal record accessible to USCIS. You should consider talking to a lawyer. Good luck!

[KayDeeCee 4,896]

You were in the US to get a ticket 2 years ago? What visa are you adjusting from?

[zuluweta 250]

Hah! Thanks man. I know its ridiculuous. But, I was going through the I485 and rereading the question, it says. have you been arrested,CITED, CHARGED, indicted ....etc.

I was cited for the noise violation, and I was charged, I plead guilty and paid a fine. So, is the NO on the i485 wrong? My fear is that when the IO asks me the question, and I say NO, she pulls up a record of my violation and accuses me of lying.

A well-founded fear. You should have answered 'Yes' because you were cited (you got issued a ticket) and charged (you went to court and pleaded guilty to the charge). Consult with an immigration lawyer as to how to answer this question at the AOS interview because you will surely be asked this question again by the immigration officer.

[harami 2]

You were in the US to get a ticket 2 years ago? What visa are you adjusting from?

G4, before that I was on F1.

Thanks everyone. So, how do you suggest I proceed. From the forums it seems like sending info independently now would not guarantee that it would reach my case/IO. I cannot really afford a lawyer right now either.

I am planning to take the document with me (I got the court disposition docket printout from the Pennsylvania Court system website) and I also have my original yellow citation) when I go to the interview. When the IO asks me the Yes/No question about arrests/citation/charge, I will say I did not answer that question originally as YES because when I talked to the District Court where my case was, they said legally its "less than" a traffic ticket. But I was indeed charged with a summary noise violation and here is the citation and the final court disposition and proof of payment of fine and case closed. I called the court to ask if I can get a more official looking document than the printout and the lady said that thats the only thing they can send as well.

I guess I will take it from there. The only thing is I dont want this to be a thing that will now and forever follow me. That I have to reply YES to every question about charges and arrests, not only for US immigration, but for jobs, visas to other countries, starting my business etc. Also when I enter or leave the US, they will always ask me if I was arrested and then be held while they check and I miss my flight and they come up with a noise ordinance violation.

Any insight on this? Thank you for your replies.

Edited September 21, 2014 by harami

[KayDeeCee 4,896]

I think your plan for the interview sounds good. Best to go ahead and be honest. The IO might appreciate your honesty and let you know if your citation is really that big of a deal or not. Perhaps your anxiety and worries about it will be squelched.

~ Moved from AOS from Family Based Visas to AOS from Work, Student & Tourist Visas - OP not adjusting from a family based visa~