Arrest but no charge

[John & Rose 7,237]

I need a bigger phone screen!!!  This has been a bad day for me. Maybe I will stop posting for the night!

[Mike E 11,722]

2 hours ago, Nnnnnn said:

There is another for drugs right? I haven’t ever taken drugs or anything like that, my concern of answering no would for them to argue the arrest by equally I’m not going to say yes to something I didn’t do.

almost thinking it would better to me to apply, state yes to arrest, explain situation and in process of asking local police to remove this record. 

What I don’t want is to do the wrong thing and get refused, but equally I have seen that drug offenses is a massive no entry. 

I was sort of under the impression of it did not appear on my police certificate then it wouldn’t need to be disclosed. I really am not sure and that is why I posted as I don’t want to put in jeopardy my approval. 

The ds-160 asks:

 

“Have you ever been arrested or convicted for any offense or crime, even though subject of a pardon, amnesty, or NO other similar action?”

 

It cannot be any clearer. You need to disclose your drug arrest.  Your assumption that the USA won’t find out because it happened in a foreign country is naive especially since that country is a close ally.  Disclosure won’t prevent you from getting a visa.  Concealment will eventually catch up with you. You might get your K1 but they might catch you when you do AOS. You might get your AOS and they will catch you during your green card processing. You might get your green card and they catch you on a renewal. You might get your renewal and they will catch you on your N-400. You might get naturalized and they will catch you later. 

 

This president will go back a 100 years, if he has  to, to catch you.  

 

Be smart.  

 

There might be questions.  Your foia stuff will be helpful.

 

 It also asks:

 

“Are you or have you ever been a drug abuser or addict?”

 

Based on your representation here, the answer would be no.  

 

And there are two questions about controlled substance laws. One is asking you if have violated such a law and another is asking if you have a spouse or parent who violated such a law.  Again based on what you’ve said, the answer is no.  

 

 

 

 

 

 

Edited October 24, 2018 by Mike E

[Boiler 43,393]

Possession with Intent to Supply is a SERIOUS issue.

 

You need a Lawyer.

[Diane and Chris 651]

35 minutes ago, kid1412 said:

Sorry, just couldn’t resist

Hopefully, in the future you can resist. 

 

To the OP:

 

Answer yes to the arrest and no to conviction of anything else. Don’t overthink this and always answer honestly.  I would also request interview sooner rather than later. Good luck!  

[Ang Oras 13]

I've been Charged and Arrested for various driving offences over a period of time including DWLR lots of them were dismissed by the DA would this be a reason for denial at NOA2 or at the Embassy?

Edited October 25, 2018 by Thomas Reinhardt

[kid1412 62]

20 minutes ago, Thomas Reinhardt said:

I've been Charged and Arrested for various driving offences over a period of time including DWLR lots of them were dismissed by the DA would this be a reason for denial at NOA2 or at the Embassy?

Are you the petitioner or beneficiary?

[Ang Oras 13]

I'm the petitioner.

[2018JNJ 141]

9 hours ago, kid1412 said:

 

Yes sir. Since I’m part of the Resistance, I will resist.

 

 

What exactly are you resisting?

 

jj

[kid1412 62]

2 hours ago, Thomas Reinhardt said:

I'm the petitioner.

Then probably not. You have to disclose though. Failure to disclose will get a denial.

[TBoneTX 43,019]

Nine derailing posts have been removed, and administrative action has been applied against one member's account for posting a word with an alternative character in order to bypass the site's word-filter.

 

Remain on the topics posted by the OP and the later inquirer.

 

TBoneTX

VJ Moderation

[Pennycat 880]

22 hours ago, John & Rose said:

You are the beneficiary?  There are no questions about your arrests, just the petitioners.  Your arrests will show (or not) on the PCC.  The arrest information is only for the petitioner.  Sorry about the confusion.  You are fine.  The law protects the beneficiary, not the petitioner! LOL

Whoa whoa whoa, no, not at all. 

 

The initial petition is only about the US citizen, yes. But that's because the foreign embassy handles the beneficiary's paperwork for the visa (in large part because the consular officers are trained in local laws etc. It is much more efficient to train the staff and one embassy one set of rules for the country they're serving in than to train ALL USCIS staff in the laws of ALL the countries they may encounter). And then comes adjustment of status in which USCIS gets its crack at it as well (after vetting by State)

 

The DS-160 has a very similar question on it (which is what OP here is concerned about) and then the AOS paperwork goes into significantly more detail and needs a LOT of evidence surrounding answering that question in the affirmative (over one page of instructions of what to submit for any given situation). And spousal visas require the beneficiary submitting their police records, no?

 

@Nnnnnn

 

I am not sure about the DS-160 as I don't have the language in front of me (and I think it has changed since we went through it)-- it is online only so I can't get a copy of the form myself. I am guessing they may expect that answer to be "yes". But most importantly, if you look at what they're going to ask you in AOS, it's pretty clear that THAT answer will be "yes"....

 

You need to look another step ahead which is applying for adjustment of status. Look here and click on "form" but most importantly the "instructions". Look at page 13 and 14 of the instructions and see what sort of evidence and paperwork they're going to need from you and make sure you bring it to the US when you move.

[John & Rose 7,237]

5 minutes ago, Pennycat said:

Whoa whoa whoa, no, not at all. 

 

The initial petition is only about the US citizen, yes. But that's because the foreign embassy handles the beneficiary's paperwork for the visa (in large part because the consular officers are trained in local laws etc. It is much more efficient to train the staff and one embassy one set of rules for the country they're serving in than to train ALL USCIS staff in the laws of ALL the countries they may encounter). And then comes adjustment of status in which USCIS gets its crack at it as well (after vetting by State)

 

The DS-160 has a very similar question on it (which is what OP here is concerned about) and then the AOS paperwork goes into significantly more detail and needs a LOT of evidence surrounding answering that question in the affirmative (over one page of instructions of what to submit for any given situation). And spousal visas require the beneficiary submitting their police records, no?

 

@Nnnnnn

 

I am not sure about the DS-160 as I don't have the language in front of me (and I think it has changed since we went through it)-- it is online only so I can't get a copy of the form myself. I am guessing they may expect that answer to be "yes". But most importantly, if you look at what they're going to ask you in AOS, it's pretty clear that THAT answer will be "yes"....

 

You need to look another step ahead which is applying for adjustment of status. Look here and click on "form" but most importantly the "instructions". Look at page 13 and 14 of the instructions and see what sort of evidence and paperwork they're going to need from you and make sure you bring it to the US when you move.

My mistake.  I was under the impression that we were talking about the I-129f form itself.  There were three people yesterday who were and I made a bad assumption on this one.  My fault.

[payxibka 10,044]

24 minutes ago, John & Rose said:

My mistake.  I was under the impression that we were talking about the I-129f form itself.  There were three people yesterday who were and I made a bad assumption on this one.  My fault.

It's called thread piling on when a poster reacts before reading the entire thread and thus your subsequent realization.   No need to apologize 

[John & Rose 7,237]

1 minute ago, payxibka said:

It's called thread piling on when a poster reacts before reading the entire thread and thus your subsequent realization.   No need to apologize 

This old dog learns from his mistakes...there were many learning moments yesterday.

[payxibka 10,044]

1 minute ago, John & Rose said:

This old dog learns from his mistakes...there were many learning moments yesterday.

Us old dogs need to hang together and make the younger pups understand the value gray hair (or in some cases little or no hair) has.