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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

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

  2. 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; email:; 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.

  3. 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.

  4. 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.

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

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

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