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Guillermo, Regarding my citizenship application again, there…

Hi Guillermo, Regarding my citizenship application...
Hi Guillermo,
Regarding my citizenship application again, there was this incident in 2013 in Newark where they stopped me because an expired inspection. I understand that I don't have to report that because it's a traffic ticket under $500. But at the time I was transporting 3 or 4 contractor bags with construction debris to be dumped later at a different location. The officers accused me of intending to dump illegally the debris at some emtpy lot (common practice in Newark). I denied, they asked me to get into the patrol car, drove me around for 5 minutes and brought me back to my car and only gave me the ticket for the expired inspection. If you ask me, they were just harassing me a bit, that's all (they could tell my name was Hispanic from my driver's license and my accent). I went to the City Hall and no records of an arrest exists. Should I disclose this incident? It looks to me like in the end it was just a ticket for a failed inspection. Again, I intend to be as honest and straightforward as possible but I don't want to overdo and end up with my application looking as me having had too many minor issues, you know?
Thanks in advance,
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Answered in 6 minutes by:
3/13/2018
Guillermo Senmartin
Guillermo Senmartin, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 113,349
Experience: Principal Attorney at Guillermo J. Senmartin, P.A.
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Welcome back! Thank you for requesting me by name again. I would agree with you. Even though technically it was an arrest, since no paperwork was drawn up, there is no record of it. Unfortunately, as a licensed attorney, I can only tell you to state the truth and the truth is pretty much that it was an arrest but it was not recorded as such. The correct way to do it is disclose it and explain what happened and get something certified from the police department that no such record exists. That way you comply with the honesty requirement and it should do you no harm.

Let me know if you need anything else, but please do not forget that positive rating. Thank you!

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Customer reply replied 4 months ago
Hi Guillermo, I did go to the City and requested a certified statement that there was no arrest on my name. They checked the records and found none. But they denied give me something in writing saying "I can't certify for something that never happened, because it might have and it doesn't show in my records". It's next to impossible to find helpful people in Newark, NJ administration, they are famous statewide for that (in fact, the are actively and rudely unhelpful in the way they treat you). So that's the conundrum I'm facing: if I mention the incident I fear the USCIS is going to ask for proof and I might not be able to get it. I could try going to the police department and ask for the same, but I'm not optimistic. How would you go about asking for a "proof of no arrest"? Regards, PABLO

Well my friend, I cannot tell you to lie. If you want to take the risk and omit it because no report was made and thus there truly is no record of an arrest, then it probably isn't an unreasonable risk, but I cannot tell you more than that. Sorry. I hope you understand that I have my license to protect. Let me know if you need anything else, but please do not forget that positive rating. Thank you!

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Customer reply replied 4 months ago
Of course, Guillermo, I understand about the omission issues. Trust me, it's not my intention to do anything wrong, I was just trying to explain the problem to you. Another way of going about it would be to ask for a background check on me. Is it possible for you as an attorney to request a certified background check for NJ, or even just for Newark? Thanks,

I'm sure that is possible to get a certified background check from the area, but I'm in Miami, FL. Not something I would be willing to do unless for an hourly rate and unless you are pretty well off, I think that wouldn't be a financially smart thing to do. Just being honest.

Guillermo Senmartin
Guillermo Senmartin, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 113,349
Experience: Principal Attorney at Guillermo J. Senmartin, P.A.
Verified
Guillermo Senmartin and 87 other Immigration Law Specialists are ready to help you
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Customer reply replied 4 months ago
I'm not well off at all! I do appreciate your honesty and at least there's a line of inquiry to pursue. Regards.

Thank you for the positive rating. If you would like to request me in the future for a different topic, please remember to put FOR GUILLERMO in the subject line and message box. Good luck to you!

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