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How does an old arrest without conviction affect my adjustment of status application now I'm married?

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esseff

Member
What is the name of your state? Minnesota

I recently married a US citizen after having been together almost a year and having lived with her for 8 months. I've overstayed my visitor visa from the UK for nearly 2 years. I'm now looking to adjust my status, but 30 years ago I got arrested for suspicion of committing a fraud even though nothing ever came of it. I have never been convicted of any crime. How will this affect my application to adjust status and what do I need to do?
 
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LdiJ

LdiJ

Senior Member
esseff said:
What is the name of your state? Minnesota

I recently married a US citizen after having lived with her for 8 months. I've overstayed my visitor visa from the UK for nearly 2 years. I'm now looking to adjust my status, but 30 years ago I got arrested for suspicion of committing a fraud even though nothing ever came of it. I have never been convicted of any crime. How will this affect my application to adjust status and what do I need to do?
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I would recommend that you have an immigration attorney on the case if you want the most secure outcome. I am assuming that your arrest happened in the UK?
 
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esseff

Member
As we are innocent until proven guilty, and nothing came of the case, what effect does having been arrested make on the proceedings?

I can't believe arrested is an issue. Surely only convicted should be?
 
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esseff

Member
The reason I'm asking this question is because i want to fill out the form in a way that doesn't cause me an issue.
Does anyone know what has to happen when one has been arrested?
This is a real marriage and we want to make a life together. Some ancient non-issue from my past can't be a big deal.

Whatever the attorney can say can be found out. I just wanted to get an idea what comes next.
 
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Whoops2u

Active Member
esseff said:
The reason I'm asking this question is because i want to fill out the form in a way that doesn't cause me an issue
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I think the goal is to fill out the form accurately. By asking if the arrest will cause an issue, it seems you may omit the correct answer. If I were a background investigator, I'd think you overstaying your visa by a couple of years is a far bigger problem than a 30 year old arrest without a conviction.

Unless you lie about it. Then I'd be sure to look deeper.
 
E

esseff

Member
Whoops2u said:
I think the goal is to fill out the form accurately. By asking if the arrest will cause an issue, it seems you may omit the correct answer. If I were a background investigator, I'd think you overstaying your visa by a couple of years is a far bigger problem than a 30 year old arrest without a conviction.

Unless you lie about it. Then I'd be sure to look deeper.
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Overstaying the visa is actually not a problem at all, once adjustment of status has begun. Overstaying doesn't count against me now I am married and looking to change status.
 
E

esseff

Member
Whoops2u said:
I think the goal is to fill out the form accurately. By asking if the arrest will cause an issue, it seems you may omit the correct answer.
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Right. In order to get a visa in the first place, I decided to omit answering that question correctly. I assumed that a pre internet/computer arrest not resulting in conviction would probably not show up after 30 years. I got the visa just fine.

The same thing might happen this time, but I'd rather tell the truth. So if I need to see an attorney just because an arrest occurred, perhaps someone can tell me what he will do to get the application accepted?
 
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Zigner

Zigner

Senior Member, Non-Attorney
esseff said:
Right. In order to get a visa in the first place, I decided to omit answering that question correctly. I assumed that a pre internet/computer arrest not resulting in conviction would probably not show up after 30 years. I got the visa just fine.

The same thing might happen this time, but I'd rather tell the truth. So if I need to see an attorney just because an arrest occurred, perhaps someone can tell me what he will do to get the application accepted?
Click to expand...
In other words, you falsified your application.
 
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