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  1. #1
    Join Date
    Sep 2011

    Default I-485 Question About Arrest


    I am currently applying for my Adjustment of Status through marriage. I am a Canadian citizen and have been attending school in the USA for the past three years. I was married 2 months ago. Before I came down to the USA for my schooling, I was living in Canada. About 5 months before leaving for the USA I was caught shoplifting. When the RCMP came, he cuffed me and my friend and took us to his police car. There we sat for a few minutes and then he said that he as going to drop the charges and that we were free to go. He let us out, took our handcuffs off and gave us a verbal lashing which we needed. Since we were never booked at the station; our fingerprints and mug shots were never taken, we were never cited (ticketed) or given a date to appear in court for any reason, I am wondering what I should put for the answer to the question about ever being arrested. Since there was never any paper work done about my situation, I don't think there will be any sort of documentation that I could present with the I-485 to show that no charges were filed. Also, for my particular situation, I don't believe I have any criminal record that will show as a "hit" when the USCIS does its background check. I currently live in the USA with my wife. I am finishing up my senior year at school and I have been able to freely cross the Canada-USA border without any problems from the customs guys at the airports. I would just like to know your thoughts about what I should do for my particular case.

  2. #2
    Join Date
    Sep 2005
    Behind a Desk

    Default Re: I-485 Question About Arrest

    I am not going to speculate as to whether the RCMP would classify that as an arrest or a detention, or if there is a detectable record of arrest. Although it was many years ago, I once needed to document that I had never been in any legal trouble in Canada, and all I had to do was go to an RCMP station and they printed me out a certificate on the spot. If things are still that easy, it seems like a means by which you could check to see if anything is showing up in your criminal history.

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