QUESTION
Can I consider that I have not been arrested eve even when I am now willing to apply for immigration application and can I say no for the question?
Asked on Sep 12th, 2013 on Immigration - Texas
More details to this question:
I got arrested by the police for petty theft last year and got a ticket. Then the case was dropped down to an infraction and says no hit for my case. I have no court and no charged on file. Today, I went to the police department and the officer was checked on the computer, there was no record or arrest record by either my fingerprint or the birth date.
4 ANSWERS
Adebola O. Asekun
An arrest has occurred once you are accosted by a law enforcement even for a few seconds in a situation that you are not free to leave. There is usually a record of such incident in a database some where and you must therefore assume that the government will eventually find out. An arrest is not the same thing as a conviction. To be on the safe side, consult with an experienced attorney. Failure to disclose an arrest, may lead DHS to conclude that such non disclosure constitutes fraud or misrepresentation and may lead to the denial of your case.
Answered on Sep 17th, 2013 at 1:10 AM
Immigration Attorney serving Van Nuys, CA
at
Law Offices of Hussain & Gutierrez
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If you were arrested, you should indicate that in any question that directly ask you whether you were arrested and then you can explain yourself.
Answered on Sep 13th, 2013 at 4:08 PM
Business/ Commercial Attorney serving Bellevue, WA
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Lana Kurilova Rich PLLC
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No, you must state on all forms that you ever file with the USCIS that you were in fact arrested. This is very important.
Answered on Sep 13th, 2013 at 1:04 PM
Immigration Attorney serving Arlington, TX
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Law Office of Pho Ethan Tran, PLLC
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No. You must always disclose any arrests to USCIS regardless of the outcome of the case.
Answered on Sep 13th, 2013 at 10:41 AM