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Thread: Filing of I751 and Criminal History

  1. #1
    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. #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

  3. #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

  4. #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

  5. #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

  6. #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

  7. #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

  8. #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."

  9. #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.

  10. #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

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