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  • Filing of I751 and Criminal History

    Filing instructions of I 751 says:-If you have ever been arrested or detained by any lawenforcement officer for any reason, and no charges werefiled, submit:
    1. An original official statement by the arresting agency or applicable court order confirming that no charges were filed.If you have ever been arrested or detained by any lawenforcement officer for any reason, and charges were filed, or if charges were filed against you without an arrest, submit:
    I got one question.What does the arrest and conviction means?
    1----If I got a Park Curfew violation ticket of 80 dollars.I was handcuffed while they gave me a ticket.and then they let me go after issuing me the ticket.Is it considered to be the arrest?
    if i paid the ticket off before due date is it considered I m plea to guilty?How will this ticket and cuff is defined in Legal terminology?Should I send the copy of ticket?
    griffins

  • #2
    Filing instructions of I 751 says:-If you have ever been arrested or detained by any lawenforcement officer for any reason, and no charges werefiled, submit:
    1. An original official statement by the arresting agency or applicable court order confirming that no charges were filed.If you have ever been arrested or detained by any lawenforcement officer for any reason, and charges were filed, or if charges were filed against you without an arrest, submit:
    I got one question.What does the arrest and conviction means?
    1----If I got a Park Curfew violation ticket of 80 dollars.I was handcuffed while they gave me a ticket.and then they let me go after issuing me the ticket.Is it considered to be the arrest?
    if i paid the ticket off before due date is it considered I m plea to guilty?How will this ticket and cuff is defined in Legal terminology?Should I send the copy of ticket?
    griffins

    Comment


    • #3
      I would answer the question yes and provide the necessary info.
      "Facts are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passion, they cannot alter the state of facts and evidence." John Adams on Defense of the boston Massacre

      Comment


      • #4
        well u didnt answer my main question?Can u call the above scenario as being arrested and charged?How will u define the term arrest and charged?I will b very thankful to u.
        griffins

        Comment


        • #5
          <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by griffins81:
          well u didnt answer my main question?Can u call the above scenario as being arrested and charged?How will u define the term arrest and charged?I will b very thankful to u. </div></BLOCKQUOTE>
          then, you need to read the entire question.

          It states, "Have you ever been arrested, detained, charged, indicted, fined, or imprisoned for breaking or <span class="ev_code_RED">violating any law or ordianance </span> (excluding traffic regulations), or committed any crime which you were not arrested in the United States or abroad?"

          The fine which you paid was not a traffic violation. It was a misdemeanor offense. If you do not answer the question correctly and USCIS finds out, your I-751 petition may be denied.

          Again, you were <span class="ev_code_BLUE">charged</span> with an offense other than a traffic violation. And you paid the fine.

          Arrest is defined as A seizure or forcible restraint; an exercise of the power to deprive a person of his or her liberty; the taking or keeping of a person in custody by legal authority, especially, in response to a criminal charge.

          Conviction can mean either you were found guilty or plead guilty to a criminal charge. it generally does not mean nolo contendre, no contest.

          Hope this helps.
          "Facts are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passion, they cannot alter the state of facts and evidence." John Adams on Defense of the boston Massacre

          Comment


          • #6
            It was a ticket for Violating the park curfew.Cops hancuffed me and ask me and my freind wht we r doing in the park at this time.And he gave us a ticket of 80Dollars.I paid it.
            Now will u call the above situation as being arrested and by paying fine as being charged?Sorry for inconvenience buts its important.My lawyer back in 2006 said it is not really important for USCIS to know about my ticket like the one I got.So help me out?
            griffins

            Comment


            • #7
              <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by griffins81:
              It was a ticket for Violating the park curfew.Cops hancuffed me and ask me and my freind wht we r doing in the park at this time.And he gave us a ticket of 80Dollars.I paid it.

              Now will u call the above situation as being arrested and by paying fine as being charged?Sorry for inconvenience buts its important.My lawyer back in 2006 said it is not really important for USCIS to know about my ticket like the one I got.So help me out? </div></BLOCKQUOTE>
              It is not a question of being arrested, it is a question of either being arrested or charged or imprisoned or FINED or indicted or detained.

              No matter how you look at it, you will need to mark "yes" and provide an explanation. It should not be a problem with your I-751 unless you have other issues.
              "Facts are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passion, they cannot alter the state of facts and evidence." John Adams on Defense of the boston Massacre

              Comment


              • #8
                I don't think it counts as a CIMT somehow I wouldn't be that worried by it but you will have to 'fess up and say yes to the arrest (or citation) on the form and provide evidence that the ticket was paid.
                "What you see in the photograph isn't what you saw at the time. The real skill of photography is organized visual lying."

                Comment


                • #9
                  You were arrested and the fact that you paid the fine means that you pled guilty. It is just like a traffic ticket. The police though will not have any other record than the citation.

                  Comment


                  • #10
                    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by griffins81:
                    It was a ticket for Violating the park curfew.Cops hancuffed me and ask me and my freind wht we r doing in the park at this time.And he gave us a ticket of 80Dollars.I paid it.
                    Now will u call the above situation as being arrested and by paying fine as being charged?Sorry for inconvenience buts its important.My lawyer back in 2006 said it is not really important for USCIS to know about my ticket like the one I got.So help me out? </div></BLOCKQUOTE>

                    If you did not take a ride in the police car? you were not arrested!!

                    For serious crimes, the police typically handcuff the suspect (even if he/she is not being violent) and bring him/her to a police station or a jail where he/she will be incarcerated pending a judicial bail determination or an arraignment. In other instances, the police may issue a notice to appear, specifying where and when a suspect is to appear for his/her arraignment.
                    USC and Legal, Honest Immigrant Alike Must Fight Against Those That Deceive and Disrupt A Place Of Desirability! All Are Victims of Fraud, Both USC and Honest Immigrant Alike! The bad can and does make it more difficult for the good! Be careful who y

                    Comment


                    • #11
                      In a park after hours, could be tresspassing? however the officer obviously Saw Some unintentional circumstance? Was Not Detained. Was Stopped and questioned. I am curious what the Violation Reads???? The ticket for $80, What was the Violation??? Different States, Different Stipulation and Understanding Of The Laws.

                      Under 18? In a Park after Hours? Mon-Fri? After 9 Pm? Maybe Seeking a Connection With friends To drink? Smoke Some Hoochi??? In the Park???
                      Shortcut through the park to reach The party house???
                      USC and Legal, Honest Immigrant Alike Must Fight Against Those That Deceive and Disrupt A Place Of Desirability! All Are Victims of Fraud, Both USC and Honest Immigrant Alike! The bad can and does make it more difficult for the good! Be careful who y

                      Comment


                      • #12
                        Temporarily detained. he mentioned Curfew. I Know Only of Curfew 18 and Under. Mon-Fri. 9Pm. What Is missing here????

                        If You Get cuffed Here? You Will Take a ride! You Will Hear Your rights! You will Be DETAINED!!! What location Is the Poster??? Small Town??? Here, Cuffs Do Not go On Unless You are taking a Ride!!! Unless The Paperwork Says You are Guilty of an Arrestable offense. Once the cuffs Go On, they do not Come off!!!
                        What Location Is the poster????
                        USC and Legal, Honest Immigrant Alike Must Fight Against Those That Deceive and Disrupt A Place Of Desirability! All Are Victims of Fraud, Both USC and Honest Immigrant Alike! The bad can and does make it more difficult for the good! Be careful who y

                        Comment


                        • #13
                          Hi every body.
                          Here is the whole story.
                          I was in Denver on Student exchange Programme in 2006.After dinner at about 10pm me and my freind decided to have a lil walk before we get back to the appartment.We decided to walk thru Civic Park.There were no signs for Park Curfew or stating tresspassing between this hour till tht is not permitted.
                          Then from no where we heard.Put your hands in the Air.Get down on the floor.Flashing lights all over us.We were very scared wht the **** we did.Then one of the cops handcuffed me and asked my name and all tht.I was sitting in one car and my freind in the other car.After checking our names they just gave us a ticket.Told us dont come to the park after 11pm.As it is a hot spot for drugs,Prostitutes and all tht ****.
                          I asked him y the **** u hand cuffed us.No hello no hi straight put ur hands in the air and next thing we know is tht we r handcuffed and being issued the ticket.
                          **** I was so mad.But I m a good citizen.I always obey law.Never had a speeding or parking ticket even.But I did get the ticket for walking across the park though.
                          I asked the county clerk I wanna sue tht officer who attacked us.She laughed at me she said straight u will not win against police.Mark my words.U dnt have any evidence.I felt lil bad.Then I just promised my self not to mess with men in the blue especially any rules or laws enforced.Even it tells us to wear those WW2 style jewish clothes with David Star on em.Remembered guys?White blonde Germans hauling the jews for Labour and get loaf oof bread.It was a German law back in the day.Its coming slowly slowly in United states as well.I will obey the law.Because I m a good citizen.Period.
                          griffins

                          Comment


                          • #14
                            I love America.The America what my Dad always used to talk about.He served in US Army for ten years.He was a doctor in US Army.Took hus specialization and became the Gastroenterologist from US Army.He always gave me the examples of United States the country oof free.Great people live here.I love Americans.Thats why I even chose the daughter of America to b my wife for rest oof life.Because Americans are great people.
                            But when I witness and experience extreme power of police tht doesnt help me for real.I know they r doing the job they are supposed to but it should b according to the Human Rights.With respect.
                            griffins

                            Comment


                            • #15
                              <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by griffins81:
                              Hi every body.
                              Here is the whole story.
                              I was in Denver on Student exchange Programme in 2006.After dinner at about 10pm me and my freind decided to have a lil walk before we get back to the appartment.We decided to walk thru Civic Park.There were no signs for Park Curfew or stating tresspassing between this hour till tht is not permitted.
                              Then from no where we heard.Put your hands in the Air.Get down on the floor.Flashing lights all over us.We were very scared wht the **** we did.Then one of the cops handcuffed me and asked my name and all tht.I was sitting in one car and my freind in the other car.After checking our names they just gave us a ticket.Told us dont come to the park after 11pm.As it is a hot spot for drugs,Prostitutes and all tht ****.
                              I asked him y the **** u hand cuffed us.No hello no hi straight put ur hands in the air and next thing we know is tht we r handcuffed and being issued the ticket.
                              **** I was so mad.But I m a good citizen.I always obey law.Never had a speeding or parking ticket even.But I did get the ticket for walking across the park though.
                              I asked the county clerk I wanna sue tht officer who attacked us.She laughed at me she said straight u will not win against police.Mark my words.U dnt have any evidence.I felt lil bad.Then I just promised my self not to mess with men in the blue especially any rules or laws enforced.Even it tells us to wear those WW2 style jewish clothes with David Star on em.Remembered guys?White blonde Germans hauling the jews for Labour and get loaf oof bread.It was a German law back in the day.Its coming slowly slowly in United states as well.I will obey the law.Because I m a good citizen.Period. </div></BLOCKQUOTE>
                              It still will not be a problem. Just provide an explanation and the circumstance resulting in the fine, etc. But leave out the suing part.

                              You were not arrested or detained, legally speaking.
                              "Facts are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passion, they cannot alter the state of facts and evidence." John Adams on Defense of the boston Massacre

                              Comment



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