Criminal citation - effect on I-485 adjustment of status
Hi guys, I have a citation (federal ticket) for trespassing/unlawful entry on a naval base from 6 years ago. I made a wrong turn and entered into a restricted zone. It looked like a normal street and I didn’t realize it was part of a naval base. The citation was a mandatory court appearance. It was dismissed immediately when I went to court. I am getting ready to file I-485 for adjustment of status. Do I need to answer yes to the question “Have you ever been arrested, cited, charged or detained for any reason?” If I say yes, will it affect my case?
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Your opinion is wrong. Answering no results in deportation. Even if USCIS don't find it today they can subsequently cancel the greencard claiming it was obtained fraudulently. Even if one day your get citizenship, that can be revoked and you can be deported on the grounds that fraudulently obtained citizenship isn't valid. The question on i485 is very clear that it is asking not only about conviction but about arrest, citation, charges, indictments, etc.
I'm going to remove it so people don't follow it
Definitely lawyer up on this. You do have to answer “Yes” to the question and attach explanation
You better say yes and explain
Say yes, explain in writing that it was a mistake and that the court dismissed it. Attach any proof you may have to bolster your arguments
OP here. If I disclose it, is there any risk adjustment of status would be denied?
There is much more risk that your application will be denied, and you deported, then banned from ever coming back, if you say no. They are going to find it. If you previously put no to this question in some h1b or other immigration application you are now in serious trouble and should consider whether filing the AoS is still in your best interest as the background check may be the moment when they discover it, see your previous lie, and deport you.
I don’t think I have ever had to answer this question on another immigration form. I’ve only applied for F-1 visas and OPT so far. Also applied for H1b but was not selected and petition was returned.
To add to my previous comment, I’d try as much as possible to avoid putting it in if my lawyer finds any angle.
My application is being prepared by fragomen who are hired by amazon (my company). I’m afraid the attorney will make me put it in even though it may not be necessary. I’m not sure how familiar Fragomen is with this type of issue
It IS necessary. They are going to fingerprint you and run a thorough background check. They will find it. If you lie about it by checking off no then the act of lying makes you deportable and permanently inadmissible even though the underlying event is a non issue. You should assume fragomen is NOT going to handle this for you. Fragomen work for Amazon and focus on employment aspects of the application. You need a lawyer who works for you who will focus on your admissibility.
Say yes and explain, I had a dismissed misdemeanor, I attached everything I had and explained, didn't face any issues.
No, I’m planning to consult at least one lawyer on this. Just wondering if someone had similar experience or suggestions.
No