Misdemeanor Arrest

[vicmark 0]

I am a Canadian citizen.

In 2000, while working in the US under a TN NAFTA visa I was arrested for public intoxication. The judgment was deferred pending my compliance with a court order to complete two days of community service. I completed the community service and my case was dismissed. Subsequently I applied for and received a new TN visa each year until 2004 when I returned to Canada with my soon to be American bride. Shortly thereafter she received permanent residency in Canada. Our daughter, who was born in Canada, has dual citizenship. We now want to return to the US and are about to begin the I-130 journey at the consulate in Vancouver.

Can anyone offer advice with respect to I-130 approval in light of this arrest?

[rjp44 1]

I am a Canadian citizen.

In 2000, while working in the US under a TN NAFTA visa I was arrested for public intoxication. The judgment was deferred pending my compliance with a court order to complete two days of community service. I completed the community service and my case was dismissed. Subsequently I applied for and received a new TN visa each year until 2004 when I returned to Canada with my soon to be American bride. Shortly thereafter she received permanent residency in Canada. Our daughter, who was born in Canada, has dual citizenship. We now want to return to the US and are about to begin the I-130 journey at the consulate in Vancouver.

Can anyone offer advice with respect to I-130 approval in light of this arrest?

One of the things you will have to file is a local police report from anyplace you lived more than 6 months. If the case was dimissed without you being found guilty, it shouldn't show up, but if it shows on the police report report, be honest about it. If it's in a police report, it will be in a Homeland Security computer so don't lie about it. I don't think a misdemenor arrest 7 years ago would cause a problem anyhow.

[vicmark 0]

I intend to answer all questions truthfully. With hope, the folks who make the call on these applications will see things the way you do.... Thanks for your reply.

[pushbrk 12,092]

I intend to answer all questions truthfully. With hope, the folks who make the call on these applications will see things the way you do.... Thanks for your reply.

Intending to tell the truth is not always enough. Sometimes we misunderstand questions. For instance, "Have you ever been arrested?" is a far different question from, "Have you ever been convicted?" It sounds like you're certain you were arrested but make sure of whether there is a conviction on the record or not. You don't want to answer yes, if there isn't one.

[vicmark 0]

I received a fax from the jurisdiction where the offense occurred and they have no record. The fax stated that their records are destroyed after 5 years. Am I crazy for even bringing up the issue with immigration or do I follow my gut and just come clean? Hearing stories of people being "overly forthcoming" to the point of destroying their chances for PR make me question how to proceed with this. If I had documentation showing that my deferred disposition was granted and case was dismissed I would feel a lot better about bringing it up.

[Jigi 0]

Hi pal ,

just apply .... and if they ask.. be truthful... as simple as that. I dont think it will be a problem

Jigi

[Captain Oates 910]

I received a fax from the jurisdiction where the offense occurred and they have no record. The fax stated that their records are destroyed after 5 years. Am I crazy for even bringing up the issue with immigration or do I follow my gut and just come clean? Hearing stories of people being "overly forthcoming" to the point of destroying their chances for PR make me question how to proceed with this. If I had documentation showing that my deferred disposition was granted and case was dismissed I would feel a lot better about bringing it up.

Interesting - perhaps you were 'detained' but not arrested ? That is possible in some places.

My instinct too would be to own up - especially where it isn't anything you are going to be denied for...BUT

as there is no official record, can you say you are sure you were 'arrested' and not just detained ? It would be a shame to own up to something that never really took place...

If you said in your 'attached' that you are not sure and the jurisdiction has no record and you attach their fax saying there is no record of you, then I can't imagine the USCIS would want to dig further, especially as it's not an offense you will be blocked for anyway

If you think, after some deliberation, that it was an informal sort of proceeding, then I reckon you would be reasonable to put 'no' to an arrest

Edited December 5, 2007 by saywhat

[vicmark 0]

I have no doubt about being arrested vs. detained. What has me concerned is the wording on the "Jury Waiver and Plea" document...

"I understand that if I am not a citizen of the United States and I plead or am found guilty of this charge, I may be deported. I may then be excluded from admission to this country, and/or denied the opportunity to become a naturalized citizen under federal law."

I may be making a mountain out of a mole hill but I was hoping to find someone else with a similar situation who has first hand knowledge of how this sort of issue is typically handled during the application process.

[Jigi 0]

Hi,

If thats your worry, I think best would be to meet a Immigration lawyer

GOd bless

Jigi

[Captain Oates 910]

I have no doubt about being arrested vs. detained. What has me concerned is the wording on the "Jury Waiver and Plea" document...

"I understand that if I am not a citizen of the United States and I plead or am found guilty of this charge, I may be deported. I may then be excluded from admission to this country, and/or denied the opportunity to become a naturalized citizen under federal law."

I may be making a mountain out of a mole hill but I was hoping to find someone else with a similar situation who has first hand knowledge of how this sort of issue is typically handled during the application process.

I am not an expert in U.S. law but I will bet my boots that the wording you quote above is applied to EVERY arrest for every offense.. so when it says 'this charge' it is not referring specifically to YOUR charge. Even Tony Blair's son was arrested for being drunk in the street and no prosecution followed and nobody thought it should - so it's not a big deal.

Anyway you were not found guilty of the charge as you took the alternative offered - so it's not applicable.

You worries surrounding this are not going to go away so you might as well say 'yes' on the form and give a short sweet account and attach the fax. Then you can relax knowing that not even George Bush would seek the death sentence or permanent banishment for this minor incident which did not lead to a conviction

There are obvious cocaine dealers on vj who have to do a little one year 'awareness' course back in Colombia before they get their visa so a couple of budweisers too many isnt going to ruffle their feathers

yes go with your instincts and you will be fine.

I did my K1 interview in london with a chap who had been arrested by the British Army in Northern Ireland for being part of a mob who attacked them with petrol bombs - no problem and he got his visa....

[pushbrk 12,092]

I have no doubt about being arrested vs. detained. What has me concerned is the wording on the "Jury Waiver and Plea" document...

"I understand that if I am not a citizen of the United States and I plead or am found guilty of this charge, I may be deported. I may then be excluded from admission to this country, and/or denied the opportunity to become a naturalized citizen under federal law."

I may be making a mountain out of a mole hill but I was hoping to find someone else with a similar situation who has first hand knowledge of how this sort of issue is typically handled during the application process.

I am not an expert in U.S. law but I will bet my boots that the wording you quote above is applied to EVERY arrest for every offense.. so when it says 'this charge' it is not referring specifically to YOUR charge. Even Tony Blair's son was arrested for being drunk in the street and no prosecution followed and nobody thought it should - so it's not a big deal.

Anyway you were not found guilty of the charge as you took the alternative offered - so it's not applicable.

You worries surrounding this are not going to go away so you might as well say 'yes' on the form and give a short sweet account and attach the fax. Then you can relax knowing that not even George Bush would seek the death sentence or permanent banishment for this minor incident which did not lead to a conviction

There are obvious cocaine dealers on vj who have to do a little one year 'awareness' course back in Colombia before they get their visa so a couple of budweisers too many isnt going to ruffle their feathers

yes go with your instincts and you will be fine.

I did my K1 interview in london with a chap who had been arrested by the British Army in Northern Ireland for being part of a mob who attacked them with petrol bombs - no problem and he got his visa....

What is or isn't applicable will depend on the wording of any actual question asked and answered. If asked about convictions the answer is no. If asked about arrests, the answer is yes. Both questions and answers are applicable if asked.

[Captain Oates 910]

What is or isn't applicable will depend on the wording of any actual question asked and answered. If asked about convictions the answer is no. If asked about arrests, the answer is yes. Both questions and answers are applicable if asked.

Talk about stating the obvious..

thing is that he is obviously going to worry about it and he already knows what he is going to do which is to tick yes and then explain it on a separate sheet and then they will shrug it off

I only lie when I know I can get away with it for 100% sure... so if they asked me whether I had sex before marriage I would say 'certainly not'. If they asked me if I had ever smoked dope I would say no - thats true actually but if I had done, then I sure would not say so - some say 'yes, once 10 years ago' and get their visa refused for it and I regard that as a stupidity test for weeding out imbeciles

As there is a tiny 0.1 % chance they might have something here on this chap then honesty is the best policy

Some people on here just parrot this stuff about 'I cannot tell a lie' - they put their hand on their heart and say 'I could not possibly lie to my government', and then they stroke away that little patriotic teardrop - but this is the real world not cloud angel land and there is nothing wrong with white lies ... any married man who tells his wife how wonderful her new haircut looks, or she hasnt changed at all since they married, knows that

No I am not advocating a white or a black lie here - no advocacy required- the poster knew what he was going to do before he posted so all the cherry trees remain intact - but all you other people who feel like putting your head on the chopping block to get a free haircut and think you get points or mercy for throwing yourself prostrate at the feet of the authorities - think twice.

If you stole a piece of chocolate when you were 12 years old when you were on holiday in Cambodia and you were spanked on the bottom by the local drunken policeman - dont start using the USCIS as a confessor - they are busy enough trying to correct the green cards they are sending out with all the mistakes on them

[archie07 0]

[pushbrk 12,092]

What is or isn't applicable will depend on the wording of any actual question asked and answered. If asked about convictions the answer is no. If asked about arrests, the answer is yes. Both questions and answers are applicable if asked.

Talk about stating the obvious..

thing is that he is obviously going to worry about it and he already knows what he is going to do which is to tick yes and then explain it on a separate sheet and then they will shrug it off

Whether he will "tick yes" will depend on the question. What question did you have in mind? On what form? Questions can be asked at interview, where there's no box to "tick".

My point is that whether the answer is yes or no depends on the specific question about a criminal record.

[trailmix 77]

hi vicmark,

You might want to check out this thread:

http://www.visajourney.com/forums/index.ph...t&p=1269803

Similar situation, except the charge did appear on the police check - anyway the discussion might help and if you post your question there someone might have some insight.

Good luck!