Police certificate & SAR

[gavw72 23]

I had an arrest in November 2013 for swearing in a public place, issued with a PND (Fixed Penalty) & a fine. It doesn't form an admission of guilt, no court, etc - but it was carried out under arrest conditions.

I had a feeling I'd been "mis-sold" the fixed penalty so ordered a SAR early on in the visa process as I knew it would be on file so wanted to have it ready for when it was needed. SAR shows all the details as expected.

Ordered my ACRO certificate at the beginning of the month & it arrived yesterday. Fully expecting a "NO LIVE TRACE" it is actually "NO TRACE"!!

It'd be just my luck to tick the "no arrests" box on the DS-160 then for it to come back & bite me on the ### in the future so I'm going to be honest!

If I've read correctly the Section 5 offence which I got the PND for is classed in the USA as a petty offence so hopefully won't affect the application?

[Nich-Nick 3,353]

It won't affect your application. They just want to see documentation because an applicant's recalling of an incident might not be as reliable as the police records. You may need to provide that documentation all the way up the immigration ladder so hang on to it. It's not over with the visa.

[gavw72 23]

It won't affect your application. They just want to see documentation because an applicant's recalling of an incident might not be as reliable as the police records. You may need to provide that documentation all the way up the immigration ladder so hang on to it. It's not over with the visa.

I luckily, for some reason, even kept the original fixed penalty ticket I was given at the time!!

Yes I assume it'll be needed for AOS & removal of conditions?

Edited July 11, 2015 by gavw72

[Andy & Sue 31]

If I recall correctly the question is have you ever been arrested etc, not is there any thing on file of you being arrested. So you need to declare your arrest whether or not there is record or not. I know its a bit pedantic but thats how it is. I wouldnt worry it will not affect your application, I have far more serious arrests and convictions and have been living happily in the states now for three years. Good Luck !

[Jawaree 717]

Tell the truth have the disposition USCIS is not denying ppl for swearing

(they swear too) Just have your proof that's what it was. Not telling can get

you in a bind for lying

[gavw72 23]

Yes I know, I'm definitely going down the honest route lol!

I can just imagine getting another certificate in a year or so & it showing NO LIVE TRACE !!

[Nich-Nick 3,353]

I luckily, for some reason, even kept the original fixed penalty ticket I was given at the time!!

Yes I assume it'll be needed for AOS & removal of conditions?

The various applications say "have you ever...." then various verbs such as arrested, detained, etc, etc. I forget which applications ask what. For sure citizenship might want it. A guy from Cambridge who started I-129F the very day we did, got delayed slightly when his citizenship interviewer insisted on documentation from an incident of letting air out of tires when he was around 12 years old. He had to order it from the UK. You never know what an interviewer will ask for, so file it away. You won't interview for ROC and maybe not AOS.