Skip to main content

Answered "No" to have you ever been arrested question in I-485

Manchester, MO |
Filed under: Immigration

When I first came to US 13 year back, I came on a B1 and was send back from the POE after me withdrawing my application and was asked to come back on H1B. I was detained the night and was send back the next day with I-275 served 22 CFR 41.122 (h) (3). When I applied for my 485 my company immigration team mentioned to put "No" in the arrested question. I recently pulled my fingerprint record from FBI and it states the following
1 - Arrested or Received
Agency - USINS Philadelphia (PAINSPH00)
Charge 1-18 USC 1001 Violation of immigration law
Sentence - Expedited Removal
Record Update - 2013/03/13
My PD for 485 is current and got my BG is open and it will take 6 months response to make a decision. Should I ammend my 485 with "Yes" to the arrest question.

Attorney Answers 5

Posted

How did you answer the question about whether or not you had every previously been ordered removed from the U.S.?

Mark as helpful

5 lawyers agree

7 comments

Mark Robert Barr

Mark Robert Barr

Posted

And when you applied for the H visa, did you reveal the prior removal?

Asker

Posted

Answered No for ordered removed as it was voluntary withdrawal of application and in H1 I mentioned that I was denied entry and provided the details. I had a counsular processing in US embassy India and had fingerprint taken and got H1 stamped after 3 months

Mark Robert Barr

Mark Robert Barr

Posted

Somewhere along the line,, someone in the government believes you were actually given an expedited removal order, rather than just being allowed to withdraw your application for admission. You need to do a FOIA request to see what information the government has about that encounter.

Mark Robert Barr

Mark Robert Barr

Posted

What you'd be looking for are Forms I-867A, I-867B, I-296 and I-860.

Asker

Posted

Hi, initially I did not withdraw my application and they wrote order removed but next day morning I withdrew my application and the order removed was changed to voluntary removal. They strikes out order removed from my passport and wrote visa cancelled due to voluntary removal.

Mark Robert Barr

Mark Robert Barr

Posted

Perhaps that modification never made it into the government's computer database? I agree that you need to change the answer about being arrested. I wouldn't be too terribly concerned about it, because it sounds like you otherwise disclsoed the encounter, and reasonable minds can differ about whether or not that contact with civil authorities constituted an arrest. I am more concerned about the existence of an ER in your record, which would have implications for the process used by you to come back as a nonimmigrant without a waiver for the ER, and about possible misrepresentation on the current I-485. It's good that you have the passport record, but, again, there still may be an issue if that change wasn't made in the computer records. Do a CBP FOIA online to get the records.

Asker

Posted

Thanks Mark. I will do a CBP FOIA online immediately.

Posted

IT IS YOUR DIRECT RESPONSIBILITY TO TELL THE TRUTH ON FEDERAL FORMS. You will not be able to pin it on the company team. You better amend the form as soon as possible

NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.

Mark as helpful

4 lawyers agree

Posted

CIS knows about what happened 13 years back. You must correct the form and answer honestly.

This is not legal advice and a client attorney relationship is not created. For a free consultation call (718)234-5588.

Mark as helpful

5 lawyers agree

Posted

You have been caught "lying" on an immigration Form, to obtain an immigration benefit. That's how the law looks at it.

In addition to immediately informing the "company lawyers" of the situation, I suggest you schedule a private consultation with a competent immigration lawyer in your area as well.

Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.

Mark as helpful

4 lawyers agree

Posted

You must answer honestly all questions in immigration forms or interviews. Amend the application.

Samuel Ouya Maina, Esq. 415.391.6612 s.ouya@mainalaw.com Law Offices of S. Ouya Maina, PC 332 Pine Street, Suite 707 San Francisco, CA 94104

Mark as helpful

3 lawyers agree

Immigration topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics