Arrest after receiving police certificate

[Dustin725 72]

Hello, I am the petitioner and my wife is the  beneficiary currently in the United Kingdom. We will be submitting documents to NVC later this week, my question is regarding the Police Certificate. Yesterday my wife was arrested and released without charges, the police certificate that I have was issued before this event occurred.

 

- Will this effect getting her green card at all during the process?

- Do I need to obtain a new police certificate or should I just proceed with the one I have?

 

I read somewhere that arrest don’t show up on ACRO Police Certificates but I’m unsure how reliable this information is. 
 

Thank you, your help is appreciated!

[Crazy Cat 39,336]

Personally, I would get a new one...........

[Dustin725 72]

1 hour ago, missileman said:

Personally, I would get a new one...........

Hmm, yeah I’m not sure what to do myself. My thinking is the Police Certificate is valid for 6 months, I technically have what they want. I’m just wondering if this can be bad for us in the future. I know they don’t do any checks because otherwise why would we have to obtain a police certificate in the first place. It’s one of the situations that I haven’t seen a lot so there’s no straight answers. 

[Ontarkie 13,918]

Yes you need to get another. She was arrested plain and simple the prior Police Check is no longer accurate. 

[Ontarkie 13,918]

With everything immigration if they find out later and she did not disclose it it can be trouble. 

[carmel34 3,531]

3 hours ago, Dustin725 said:

I know they don’t do any checks

Don't assume anything with US immigration.  They can and may do background checks now or in the future.  Especially for the UK, the US and UK share databases so anything can be discovered later, if you do not disclose the arrest you could mess things up later and you don't want that.  When she completes the DS-260 online to submit to NVC it will ask about arrests (and lots of other things from her past) so this recent arrest will need to be disclosed when answering the long list of DS-260 questions.  And get a new police certificate, take all court or arrest documents to the interview, and she should explain the circumstances of the arrest at her visa interview if asked about it.  Good luck with the NVC process and eventually the visa interview, hopefully everything will go well and you can be together soon!

Edited October 14, 2019 by carmel34

[Dustin725 72]

25 minutes ago, carmel34 said:

Don't assume anything with US immigration.  They can and may do background checks now or in the future.  Especially for the UK, the US and UK share databases so anything can be discovered later, if you do not disclose the arrest you could mess things up later and you don't want that.  When she completes the DS-260 online to submit to NVC it will ask about arrests (and lots of other things from her past) so this recent arrest will need to be disclosed when answering the long list of DS-260 questions.  And get a new police certificate, take all court or arrest documents to the interview, and she should explain the circumstances of the arrest at her visa interview if asked about it.  Good luck with the NVC process and eventually the visa interview, hopefully everything will go well and you can be together soon!

How do you know that they do background checks? How would not disclosing this information possibly effect her in the future? She was arrested but their are currently no charges against her. I guess it was my understanding that by having us obtain the police certificate which takes about 2 weeks to arrive is to save time on the embassies part of having to do their own checks. I guess I’m just failing to understand why they’d need a police certificate in the first place if they are just going to do more background checks. I’m just desperate, so is my wife, we’re stuck in a very bad living environment and the wait is just killing us, and to think something like this will postpone it even longer is heartbreaking. Honestly thank you for all the kind help, I appreciate it!

 

58 minutes ago, Ontarkie said:

Yes you need to get another. She was arrested plain and simple the prior Police Check is no longer accurate. 

I’ve read just now on the ACRO website about police certificates that it will only disclose convictions, cautions, and reprimands. These police certificates take 2 weeks to arrive so I’m just trying to save me time, it would be awful if after waiting the new certificate says the same as it did before.

[Lemonslice 4,563]

At the interview, they review the forms to see in anything has changed since it's been filled (address, baby, arrest...).

6 minutes ago, Dustin725 said:

How do you know that they do background checks? How would not disclosing this information possibly effect her in the future? She was arrested but their are currently no charges against her. I guess it was my understanding that by having us obtain the police certificate which takes about 2 weeks to arrive is to save time on the embassies part of having to do their own checks. I guess I’m just failing to understand why they’d need a police certificate in the first place if they are just going to do more background checks. I’m just desperate, so is my wife, we’re stuck in a very bad living environment and the wait is just killing us, and to think something like this will postpone it even longer is heartbreaking. Honestly thank you for all the kind help, I appreciate it!

 

I’ve read just now on the ACRO website about police certificates that it will only disclose convictions, cautions, and reprimands. These police certificates take 2 weeks to arrive so I’m just trying to save me time, it would be awful if after waiting the new certificate says the same as it did before.

To save time, you should ask her to get the police report detailing her arrest.

[Dustin725 72]

5 minutes ago, Lemonslice said:

At the interview, they review the forms to see in anything has changed since it's been filled (address, baby, arrest...).

To save time, you should ask her to get the police report detailing her arrest.

May I ask how you know this information? I’d love a source of some kind. That’s a good idea of getting the police report. Thanks for the help!

[Lemonslice 4,563]

2 hours ago, Dustin725 said:

May I ask how you know this information? I’d love a source of some kind. That’s a good idea of getting the police report. Thanks for the help!

First part of the interview is reviewing the DS-260 and affirming/signing that the information is accurate and true.  

 

http://hammondlawgroup.com/healthcareblog/2015/03/26/how-do-i-correct-a-mistake-on-my-ds-260-after-i-have-submitted-it/

[Duke & Marie 1,389]

2 hours ago, Dustin725 said:

May I ask how you know this information? I’d love a source of some kind. That’s a good idea of getting the police report. Thanks for the help!

You might also want to read the police certificate, both of mine say valid for xxx months or earlier if I’ve been naughty since it’s issue (words to that affect).

 

the arrest post issue, has most likely voided the certificate already.. 

 

 

Edited October 14, 2019 by Duke & Marie

[pushbrk 12,136]

4 hours ago, Ontarkie said:

Yes you need to get another. She was arrested plain and simple the prior Police Check is no longer accurate. 

Not only is the Police Report not currently accurate, but she will need to disclose the arrest when completing her DS260.  She will disclose it whether it appears on the new police certificate or not.  NEVER LIE on an immigration form or to an immigration official.

[SusieQQQ 11,584]

If she ever gets as far as naturalization there is also a “have you EVER” been arrested question, then when she truthfully answers that and they see it is before the visa was issued... not gonna look good. Remember immigration requires information on any arrest even if not charged, all offenses even if expunged, etc.

 

1 hour ago, Lemonslice said:

First part of the interview is reviewing the DS-260 and affirming/signing that the information is accurate and true.  

 

Plus this.

 

plus this is a friendly country which cooperates with the US information-wise.

 

The short version is, you’d be stupid to try hide this. False information on an immigration form by itself is enough to get a visa denied.

[Lemonslice 4,563]

5 minutes ago, SusieQQQ said:

If she ever gets as far as naturalization there is also a “have you EVER” been arrested question, then when she truthfully answers that and they see it is before the visa was issued... not gonna look good. Remember immigration requires information on any arrest even if not charged, all offenses even if expunged, etc.

 

Plus this.

 

plus this is a friendly country which cooperates with the US information-wise.

 

The short version is, you’d be stupid to try hide this. False information on an immigration form by itself is enough to get a visa denied.

The possible consequences of lying/lying by omission are brutal, while disclosing the arrest will usually end up in a short delay while new police certificate and arrest record are reviewed.

[Dustin725 72]

1 hour ago, Lemonslice said:

First part of the interview is reviewing the DS-260 and affirming/signing that the information is accurate and true.  

 

http://hammondlawgroup.com/healthcareblog/2015/03/26/how-do-i-correct-a-mistake-on-my-ds-260-after-i-have-submitted-it/

 

52 minutes ago, Duke & Marie said:

You might also want to read the police certificate, both of mine say valid for xxx months or earlier if I’ve been naughty since it’s issue (words to that affect).

 

the arrest post issue, has most likely voided the certificate already.. 

 

 

 

9 minutes ago, pushbrk said:

Not only is the Police Report not currently accurate, but she will need to disclose the arrest when completing her DS260.  She will disclose it whether it appears on the new police certificate or not.  NEVER LIE on an immigration form or to an immigration official.

 

7 minutes ago, SusieQQQ said:

If she ever gets as far as naturalization there is also a “have you EVER” been arrested question, then when she truthfully answers that and they see it is before the visa was issued... not gonna look good. Remember immigration requires information on any arrest even if not charged, all offenses even if expunged, etc.

 

Plus this.

 

plus this is a friendly country which cooperates with the US information-wise.

 

The short version is, you’d be stupid to try hide this. False information on an immigration form by itself is enough to get a visa denied.

Thank you, you all are being extremely helpful to me! Thank you for setting my mind straight. So I will answer the questions honestly, I’ll submit the police certificate I currently have but will bring an updated version to the interview, do you think this will be okay? 
 

Also as it stands my wife is released under investigation for a very minor crime, if she’s charged will I have to stay until my court date before I can leave? Or is that none of the embassies concern? Thank you all once again!