Skip to main content

I485 and arrrest

Orlando, FL |

I had arrest in NY some years ago. Nothing serious, no conviction or charge..And now I am applaying adj. of status based on my marriage with american citizen ( i got here legally B1)/
My lawer said after 2 years if i dont commit any esle, police just delete my case and fingerprints. And I shouldnt say in my i485 i ever was arrested..
Is it true?

Attorney Answers 5

Posted

You should truthfully disclose the arrest. You stated that there was no conviction. Did you get a court disposition letter? Double check what the court disposition letter says. If there is no conviction, you probably don't need to worry about it but not disclosing truthfully will get you into trouble.

If my answer was helpful, please mark helpful or select as the best answer. It encourages me and other lawyers to answer your questions.

If my answer was helpful, please mark helpful or select as the best answer. It encourages me and other lawyers to answer your questions.

Mark as helpful

4 lawyers agree

Posted

You must disclose the arrest. An arrest without a conviction should not impact your permanent resident process. An arrest without disclosing on your adjustment application could/would have significant negative impact on your adjustment process.

321.208.7324
immigration@rbrownllc.com
www.brownimmigrationFL.com

Mark as helpful

3 lawyers agree

Posted

I agree with my colleagues, you must disclose the arrest. Failure to truthfully answer questions on immigration forms can have serious consequences. Please consult with an immigration lawyer to assist you with the process.

Mark as helpful

3 lawyers agree

Posted

NO. You must indicate each and every arrest/ encounter with law enforcement. You must file certified copies of arrest report and case disposition with your adjustment application. Seek experienced immigration counsel before filing with USCIS.

Mark as helpful

2 lawyers agree

Posted

No, that is absolutely untrue! Are you certain that you are using a licensed lawyer? You are required to answer all the questions on every form truthfully. The question asks if you have ever been arrested. Since you were arrested, you must answer yes to that question, even if the arrest did not result in charges or a conviction. You should then ad an addendum to the form disclosing the place and date of the arrest and submit proof that the charges were dropped.

Mark as helpful

1 lawyer agrees

Criminal defense 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