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

[laurakaye]

For starters, the attorney WON'T be coming to an internet forum to find answers to legal questions.

(Hopefully)

 

[laurakaye]

Correct.

It seemed the right thing to do as I did not agree with being asked this question, and wasn't intending to overstay just visit. Then I fell in love...

"Did not agree with being asked this question."

Wow.

 

[Whoops2u]

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?

You never know the data the government has these days. The depth of checking seems more detailed than it was in previous administrations.

Your admission you falsified previous documents combined with the fact you want to tell the truth now demands you get an attorney. Having two forms signed under penalty of perjury (and any number of other statutes) with diametrically opposed answers is going to pretty much be enough evidence to convict you of a crime.

 

[esseff]

I am not going to help you potentially mess yourself up by giving you any further advice. You NEED to consult an immigration attorney.

I have every intention of consulting one. If you have more to say you can say it without it changing that.
Some of us don't just follow the rules society lays down. For the most part it creates a sense of freedom others who have to don't have, but can, as in this case, make it harder to just do what I have a moral right to do...live with my wife in her own land.

Well, obviously I made certain choices when I was younger and stupid, and some still have an effect on things. So don't worry, you won't potentially cause me to mess anything up.

 

[esseff]

You never know the data the government has these days. The depth of checking seems more detailed than it was in previous administrations.

Your admission you falsified previous documents combined with the fact you want to tell the truth now demands you get an attorney. Having two forms signed under penalty of perjury (and any number of other statutes) with diametrically opposed answers is going to pretty much be enough evidence to convict you of a crime.

Good point.
Which is why I'm considering maintaining the same answer I gave originally. It's a gamble. Alternatively, as we intend to immigrate to the UK anyway, I might not bother doing any of it, wait until it's time, and have her legalise herself into the UK instead.

Right now I'm just weighing up options.

 

[esseff]

"Did not agree with being asked this question."

Wow.

Not sure if that's a positive wow or a negative one lol.
I don't agree that the government has a right to ask a question that in law would not be valid anywhere else. Innocent until proven guilty. Many innocent people get arrested. There is not to be a price for being accused.

 

[laurakaye]

Not sure if that's a positive wow or a negative one lol.
I don't agree that the government has a right to ask a question that in law would not be valid anywhere else. Innocent until proven guilty. Many innocent people get arrested. There is not to be a price for being accused.

It's just that your logic seems hubristic to me. But that's just me.

 

[esseff]

It's just that your logic seems hubristic to me. But that's just me.

I get that. It's a question of integrity. The system is supposed to serve the people, not make it harder to do what each wants to legitimately do. So, it seems to me we have a moral duty to disobey a law we deem morally wrong. I did that all the time when I used Cannabis for example, although now it is becoming legalised it is not quite the same anymore. But the principle is still sound.

 

[not2cleverRed]

I have every intention of consulting one. If you have more to say you can say it without it changing that.
Some of us don't just follow the rules society lays down. For the most part it creates a sense of freedom others who have to don't have, but can, as in this case, make it harder to just do what I have a moral right to do...live with my wife in her own land.

Well, obviously I made certain choices when I was younger and stupid, and some still have an effect on things. So don't worry, you won't potentially cause me to mess anything up.

Well, if your superior UK attitude can liberate itself back to the UK (with you and your wife).

Your view sounds like that of a sociopath or criminal.

I get that. It's a question of integrity.

Pfft! (Thankfully I finished my coffee before reading this.) integrity? Honestly, you are short on integrity.

The system is supposed to serve the people, not make it harder to do what each wants to legitimately do. So, it seems to me we have a moral duty to disobey a law we deem morally wrong. I did that all the time when I used Cannabis for example, although now it is becoming legalised it is not quite the same anymore. But the principle is still sound.

You lied. You did not lie to protect an innocent person from being killed. You lied so that you would not have to be inconvenienced by a few follow up questions. There is nothing "moral" about that. You were just being self serving.

What USCIS's job is in this circumstance is to determine whether you should be here, according to the laws of the USA, laws that were enacted by the people and their constitutionally elected government. Your actions muddy the waters. When you lie once, there is suspicion that perhaps you lie more often. Like, maybe you entered your marriage fraudulently.

 

[Just Blue]

It's just that your logic seems hubristic to me. But that's just me.

No. It's not just you.

 

[Ohiogal]

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.

You would be surprised especially with the current state of affairs.

 

[Mass_Shyster]

This poses an interesting issue.

I am currently working with several clients that have old convictions that bar them from possessing firearms. One has a 1985 conviction, one a 1975 conviction, and one a 1966 conviction. All three have have firearms licenses for over 25 years, but the courts are now going back and automating the old records.

So when you applied for your visa, you didn't disclose a 30 year old arrest, and they never found it.
The question is "Will a background check now show that 30 year old arrest?" I don't know the answer. I don't know if the UK is similarly automating their old records. If they are, there's a good chance that it is now in the "system", or will be in the near future.

So you may get away with the omission on your I-485.

What happens in two years when you file the I-751 to remove the conditional status of your residence and become a permanent resident? Will it pop up then when they run your background again?

What happens in three to five years when you file to naturalize? Will it come up then?

You mentioned that you may move back to the UK. If you do that before you naturalize, you will be abandoning your residency, and will have to start the process over again if you want to return. Will it pop then?

BTW, I had a consultation with a client who had lied on his I-130 fifteen years ago. He was applying for naturalization when they caught it. They did not allow him to naturalize. They revoked his residency and place him in removal proceedings.

Even if you make it through the naturalization process, if they find out later they can strip you of your fradulently obtained citizenship and deport you.

I'm sure you could also be charged criminally for fraud, but that's another issue entirely.

 

[esseff]

This poses an interesting issue.

I am currently working with several clients that have old convictions that bar them from possessing firearms. One has a 1985 conviction, one a 1975 conviction, and one a 1966 conviction. All three have have firearms licenses for over 25 years, but the courts are now going back and automating the old records.

So when you applied for your visa, you didn't disclose a 30 year old arrest, and they never found it.
The question is "Will a background check now show that 30 year old arrest?" I don't know the answer. I don't know if the UK is similarly automating their old records. If they are, there's a good chance that it is now in the "system", or will be in the near future.

So you may get away with the omission on your I-485.

What happens in two years when you file the I-751 to remove the conditional status of your residence and become a permanent resident? Will it pop up then when they run your background again?

What happens in three to five years when you file to naturalize? Will it come up then?

You mentioned that you may move back to the UK. If you do that before you naturalize, you will be abandoning your residency, and will have to start the process over again if you want to return. Will it pop then?

BTW, I had a consultation with a client who had lied on his I-130 fifteen years ago. He was applying for naturalization when they caught it. They did not allow him to naturalize. They revoked his residency and place him in removal proceedings.

Even if you make it through the naturalization process, if they find out later they can strip you of your fradulently obtained citizenship and deport you.

I'm sure you could also be charged criminally for fraud, but that's another issue entirely.

You make some good points Steve.
Most of that won't be an issue as I intend moving back to the UK ASAP. But some of it could be, and them's the risks in manipulating things I suppose. But thank you for giving the most realistic reply so far, not just judgment and condemnation.
I know I made some choices that may come and bite me, and it may be I have to make them again because there's no going back now. It's Ok. I might not do a thing, carry on as I am, and then just leave when the time is right without trying to change my status at all. I'm only doing it because my wife fears the idea of deportation, but I'm Ok with things being as they are so we will see what happens. Once I leave I won't be coming back anyway. Honestly, I have had quite enough of this place....so much fear, so much control, so very expensive. Were it not for my relationship I would have left a long time ago.

 

[Mass_Shyster]

it may be I have to make them again because there's no going back now.

It's a lot easier to correct the mistake now rather than later. If you correct the mistake and point it out, it will probably go a lot better for you than if you repeat the mistake and let them find it.

Now, putting on my greedy lawyer hat, it would be a lot more profitable for my colleagues if someone has to try to bail you out of a bad situation years down the road instead of a quick fix now. So do what you will. Someone will be willing to try to clean up the mess later.