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  • Consular interview- FBI NCIC check?

    Hello, I need help with a question about my employment-based immigration application. The lawyer who was handling my application passed away and I don't have another lawyer.

    Currently, I'm in the sixth year of H1-B visa; I have a Consular Processing interview next month in Sao Paolo, Brazil, for an immigrant visa, sponsored by my employer. I got the approval notice on the I-140 petition a couple of months ago...

    My question is regarding the Consular interview in Brazil. How should I handle questions about criminal charges? I was told that at the Consular interview they do an FBI NCIC check for criminal background!

    The reason I'm asking is, about seven years ago, I was driving my sister's car here in Boston, and I was stopped for speeding. The officer issued me a speeding ticket, and three misdemeanor charges (related to expired car registration, uninsured car, and using expired auto plates). So, I went to court on the date assigned, and explained to the court that I didn't know about my sister's car expired registration... The result was that all three misdemeanor charges were dismissed, and I paid $50 for the speeding ticket.

    Now, I realize that those three misdemeanor charges are on my criminal record (that's the only thing on my record). At the consular interview, how do I answer questions about any charges, arrests....? Bty, I was never arrested; the police officer just gave me the speeding ticket and three more papers for the misdemeanors, and I went home.

    So, when I go to the Consular Processing interview, will they know about these midemeanors from the FBI NCIC check? If so, will it cause me any problems?


    Thanks for your help.

  • #2
    Hello, I need help with a question about my employment-based immigration application. The lawyer who was handling my application passed away and I don't have another lawyer.

    Currently, I'm in the sixth year of H1-B visa; I have a Consular Processing interview next month in Sao Paolo, Brazil, for an immigrant visa, sponsored by my employer. I got the approval notice on the I-140 petition a couple of months ago...

    My question is regarding the Consular interview in Brazil. How should I handle questions about criminal charges? I was told that at the Consular interview they do an FBI NCIC check for criminal background!

    The reason I'm asking is, about seven years ago, I was driving my sister's car here in Boston, and I was stopped for speeding. The officer issued me a speeding ticket, and three misdemeanor charges (related to expired car registration, uninsured car, and using expired auto plates). So, I went to court on the date assigned, and explained to the court that I didn't know about my sister's car expired registration... The result was that all three misdemeanor charges were dismissed, and I paid $50 for the speeding ticket.

    Now, I realize that those three misdemeanor charges are on my criminal record (that's the only thing on my record). At the consular interview, how do I answer questions about any charges, arrests....? Bty, I was never arrested; the police officer just gave me the speeding ticket and three more papers for the misdemeanors, and I went home.

    So, when I go to the Consular Processing interview, will they know about these midemeanors from the FBI NCIC check? If so, will it cause me any problems?


    Thanks for your help.

    Comment


    • #3
      Just tell the truth, that the charges were dropped. If they were dropped it would show they were dropped, also if you lie and they catch you in it, it could mean big trouble.

      Comment


      • #4
        NCIC is for felonies and warrants. None of them apply to you. You were never even arrested. Just "cited". Relax.

        -= nav =-

        Comment


        • #5
          So, what do I answer on the DS-230 Part II form, question 31: "Have you ever been charged, arrested..."?

          I guess I was charged! I know I was neither arrested nor convicted.

          thanks for any help--

          Comment


          • #6
            you answer "no".

            A speeding ticket is not an arrest. It's akin to a parking ticket. A "citation". So you answer "NO".

            When you're arrested, you get "handcuffed". You also get "booked", fingerprinted and photographed. That's how you know you've been arrested in the US.

            -= nav =-

            Comment


            • #7
              Jorjinio,

              Keep reading the rest of the question. I'm pretty sure it says "been arrested, cited, charged, indicted, fined or imprisoned for breaking or violating any law or ordinance, excluding traffic violations". Speeding, no registration, etc. those are traffic violations.

              Comment


              • #8
                Here's the exact question:

                31. Have you ever been charged, arrested or convicted of any offense or crime?

                that's it!

                Comment


                • #9
                  So,

                  I think I should asnwer NO to this question.

                  Thanks--

                  Comment

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