I715 criminal history

[LaRubia 0]

Okay so Iam at the 3 month mark to send in my I715 removal of conditions. The problem is there is one box that i am unsure how to check. Under 'criminal history' it states that one must state and give proof if one had ever been arrested or detained and it did not send in a conviction.

Here is my problem, years ago when i became engaged i tried to come to the states and spend a month with my then fiancé, but i wasn't aware that i couldn't come into the country without a via while i was engaged so they detained me. They sent me back to Canada and i got my visa, moved, got married, and got my green card.

So I think i need to check the little box that i have been detained but i am unsure how to get the letter stating that there was no conviction.

Help, anyone? Please?

[Ian H. 207]

How did you fill out your visa application and/or your I-485? Don't they ask a similar question?

[LaRubia 0]

In the 485 it asks if I've been removed with government expenses. I had not been. It does not ask about being detained.

[Ian H. 207]

Ok. I was reading the instructions for the form, it's I-751 by the way, and they do say if you have been detained for any reason. Do you remember where you were detained, were you transferred somewhere?

If so you would have to contact that place to see if there is a record or something you can submit. If you can't I would just include a written explanation where you state what happened and that you were unable to obtain a record.

You can also consult an attorney regarding this. I'm not sure how big of a deal this is because it's not like you were arrested or even detained as a suspected criminal. You were simply detained for not having a visa. I suspect that if it were a big deal, you would have had issues getting your K1.

[templeton 120]

Can you clarify when you say "detained"? Do you mean you had to wait at the border while CBP decided to refuse you entry? You say "years ago", but unless something has changed since then, a visa isn't a REQUIREMENT (for Canadians), let alone a criminal act, to enter the US to visit a fiance(e). I certainly crossed the border several times while the K-1 process was underway, and I'm sure many others have as well.

If they simply didn't believe you had enough proof of ties to Canada at that time and thought perhaps you were going to stay permanently, then they would have turned you away. However, I don't think that you sitting in a room while they worked that out would count as being legally detained. Obviously if there's more to it than that, then that would need to be taken into account.

[Ian H. 207]

I agree with the above.

[LaRubia 0]

I was refused entry into the States.
Because I had no paperwork in the works yet they stated that they believed I was going to go there and stay there.
I was in a little room and I told them that I was unaware that I needed paperwork to go through and they eventually believed me and and told me I have to go back to Canada and then once I have all the proper paperwork I can return.
All this was taken down on file, I had a bit of trouble at my fiancee visa interview in Vancouver over it.
And still to this date when I leave to go visit family and then come back I get pulled to the side so they can check things on their computer, then I go through afterward.
It depends entirely on who you step up to at the border/customs, Ive had friends who were engaged, no paperwork and they were let it no problem, others who were told the same thing, others who needed to have a visa/paperwork.

[Lainie B 465]

Moving to Removal of Conditions forum

[templeton 120]

Yes, a previous entry refusal would definitely garner some added scrutiny during the visa process and future border crossings, which you obviously learned.

Someone else can correct me if I'm wrong, but I don't think being put in a waiting room at a border crossing would be considered being detained in the legal/criminal sense.

[AnotherLostSoul 167]

agree

Yes, a previous entry refusal would definitely garner some added scrutiny during the visa process and future border crossings, which you obviously learned.

Someone else can correct me if I'm wrong, but I don't think being put in a waiting room at a border crossing would be considered being detained in the legal/criminal sense.

[LaRubia 0]

I was happy when I read your response, however I looked up the definition of detained;

detain

[dih-teyn] Spell Syllables

• Synonyms
• Examples
• Word Origin

verb (used with object)

1.

to keep from proceeding; keep waiting; delay.

2.

to keep under restraint or in custody.

3.

Obsolete. to keep back or withhold, as from a person.

So I was detained... I dont know who to call. I tried the freedom of information site but it says that it usually takes 12 months to get the information...

[Ian H. 207]

Yeah, you can be detained just about anywhere, even at the bank or the notorious DMV (don't get me started lol). What we mean is being detained in a criminal sense. Like when you are detained by a cop for example. Like the previous poster said, if you were just detained in the sense that you were put in a waiting room, this doesn't count. If you feel you were detained, I would answer yes to question, and write an explanation explaining you were simply denied entry for not having the correct visa or whatever the situation was. If it turns out that they need an official document, they would send an RFE.

Edited September 25, 2014 by Ian H.

[LaRubia 0]

Okay thank you!

[LaRubia 0]

On other thing,
when it says, Place of Marraige :
Does it mean the state and country or does it want the name of the church?..

[LaRubia 0]

Wait a minute... someone tell me if this is right?..
It states,

20. Have you ever been arrested, detained, charges, indicated, fined, or imprisoned for breaking or violating any law or ordinance (excluding traffic regulations), or commited any crime which you were not arrested in the United States or abroad?

Upon re-reading for the millionth time... I am focusing on "for breaking or violating any law or ordinance"...
Personally I am still unsure if I was technically detained.. however I was not detained for breaking or violating and law or ordinance. If I was detained it was because I didn't have the proper paperwork which isnt a law or ordinance right?...