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  1. #1
    Join Date
    Nov 2006
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    San Jose CA
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    Default California arrest and 851.6 (stating arrest deemed detention)

    After my arrest, charges were dropped. Then I received a letter from arresting agency stating your arrest deemed not arrest but detention only as per CA PC 851.6. I was finger printed.

    There is a Department of Homeland Security USCIC (formerly INS) form fDS-156 where I have to answer to the question "were you arrested"- not sure if should write yes or no?

    I am not a US citizen and my arrest record is haunting me with visa renewal pending. I have lost my sleep over this question on this form. If I answer NO and if INS does not give a damn to this PC851.6, I am screwed. If I answer Yes they will check with FBI and delay my visa anwyas. I have lost my sleep. Please help me.

    Thanks a bunch.

  2. #2
    Join Date
    Sep 2005
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    98,846

    Default Re: California arrest and 851.6 (stating arrest deemed detention)

    If you weren't arrested, then it seems obvious that you can mark down that you weren't arrested. If you are this torn up about it, consult an immigration lawyer.

  3. #3
    Join Date
    Nov 2006
    Location
    San Jose CA
    Posts
    3

    Default Re: California arrest and 851.6 (stating arrest deemed detention)

    Quote Quoting Mr. Knowitall
    View Post
    If you weren't arrested, then it seems obvious that you can mark down that you weren't arrested. If you are this torn up about it, consult an immigration lawyer.
    Hello Mr Knowitall

    Thank you for replying.

    I did consult attorneys (3 different attorneys for second and third opinion) 1 of them says you should write NO as they may find a hit on your fingerprints, other two say you are safe to write Yes. The problem is visa stamping occurs overseas at American Consulate and the lawyers in US are limited to helping me since.

    The fact is I was arrested but case was dismissed with disposition as insufficient evidence. California issues a certificate saying as per PC 851.6 arrest deemed detention) for such arrests stating exactly "hereafter the arrest shall not be deemed arrest but detention only"

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