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  1. #1
    Join Date
    Apr 2012
    Posts
    1

    Default Domestic Violence Arrest After I-485 Was Submitted

    Hi all,

    May I ask for your advices?

    I got arrested (for Domestiv Violence) three months AFTER I submitted my I-485 application. The case was then dropped by district attorney without going to court, so there is no court record, no conviction.

    When I filed my I-485 I did not have any arrest record, so I answered NO to the question asking for arrest record. At that time it is completely true. The arrest happened three months after I sumbitted I-485.

    My question now is -- do I need to amend my I-485 application (It is still pending because my PD is not yet current)? Or just do nothing?

    Thank you,
    Max

  2. #2

    Default Re: Domestic Violence Arrest After I-485 Was Submitted

    Well, in theory when you submitted your application at that point you didn't have an arrest record. However, now you'll have a domestic arrest and it will show up when they check your background and arrest history. You should be safe and amend it since they'll easily be able to tell that you have an arrest on your record.

  3. #3
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Domestic Violence Arrest After I-485 Was Submitted

    You can wait until your interview date to disclose the new information. You need to be very careful in how you disclose the arrest and make sure that you answer all questions honestly, as the consequences of their determining that you lied during your interview are harsh.

    I suggest taking along documentation to establish that the case was dropped "without going to court" (whether that means a letter of declination from the prosecutor or, if a charge was initiated then dismissed, a certified copy of the order of dismissal), in case they ask for documentation.

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