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DAP Forums > DREAM Act > The Lounge

I been arrested but not charged?

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#1
02-09-2015, 12:57 PM
Junior Member
Joined in Feb 2015
7 posts
1pedrorivera
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I need to renew my differed action application. 2012 I applied for ddiffered Action I sent my application and I was waiting and Within the next few weeks I was arrested with a felony 2 case. I was in jail for almost 3 months, my case was dismissed no formal charges were applied. While in jail I would rreceived my appointment for biometrics but my dad kept sending it back requesting an extension. And when I was released I went to get my biometrics taken and a few months later I got my permit. But now I need to renew my permit and it asks if I've ever been arrested, I'm wondering if I put no will my arrest show up. I'm curious since when I went to get my biometrics taken it was after I had gotten arrested already and they didn't ask Any questions. Thank you
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#2
02-09-2015, 01:18 PM
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engineergirl
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The question is very clear, have you ever been arrested for, charged with or convicted of a felony or misdemeanor in the US?
Yes you were arrested, include certified copies of the criminal complaint, the J&S where it shows all charges were dismissed.
BUT IF ANYTHING RELATED TO A FELONY EVEN IF DISMISSED, I WOULD CONSULT WITH AN EXPERIENCED LAWYER.
__________________
Original DACA application sent: 9/18/12 Approved: 11/4/12 Expires: 11/4/2014 Renewal timeline: Sent: 7/24/14 Receipts dated: 7/28/14 Biometrics: 10/7/14 Approved for renewal: 10/10/14
“America, I’ve given you all and now I’m nothing.”
—Allen Ginsburg, “America”
Last edited by engineergirl; 02-09-2015 at 05:40 PM..
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#3
02-09-2015, 01:41 PM
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edison
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If you were arrested then you should tell them that you were arrested. If i was in your shoes, I would seek a lawyer to clarify whatthe laws in your state are once your charges have been dismissed. Keep in mind that an arrest is not a conviction, someone could call the police and make up a story and have you arrested and wreck your life, but our justice system is aware of that, that's why we have trials to determine if you were guilty or not. If you were found guilty, then that's something to worry about, if your charges were dismissed, chances are that you were not found guilty, therefore you have not been convicted of a felony, but need to find this out, every state has different laws. But you must tell that you were arrested, and provide evidence that the judge dismissed your charges because of false charge, or whatever it was.
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#4
02-09-2015, 03:47 PM
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creativegemini
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I also had an arrest with no charges filed on a misdemeanor. For my renewal app I copied exactly what was written in my initial app and noted that all evidence/docs were submitted with the initial app.
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3rd Renewal: Approved on TBA
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#5
02-09-2015, 04:42 PM
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Wait you mean you were arrested and charged with a felony 2?

Then you got dismissed for X reason. So yes , you'd mark YES and show evidence of your dismissed case. It doesn't matter what your state says about it because it's USCIS who deciding what your case means. not your state. As others have noted, I would get a lawyer experienced with these kinds of things



So what were you arrested for ? Made a stupid mistake that you really didn't mean or was there confusion
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#6
02-09-2015, 04:48 PM
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txgirl
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You will still need to put "Yes" and on the last page you can explain: On (date) in (city and state) I was arrested and charged with (offense). On (date) case was dismissed or the prosecutor refused to proceed with the charges.

Youll need to provide the dismissal order or the "no bill" letter from the district attorney.
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#7
02-09-2015, 07:36 PM
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1pedrorivera
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No I wasn't charged with anything, I also was pulled over and the cop asked if I had ever been arrested I said no, he took my DL and checked and gave it back with a warning for a bad brake light. Idk if It doesn't show up since when I was arrested I didn't have a SSN or ID
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#8
02-09-2015, 07:58 PM
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skyisthelimit
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How did they manage to put you in jail for 3 months if you were not charged with anything?

Usually when you get arrested, charges are filed, and the justice process will end with some sort of conviction or if they don't have enough evidence against you, charges drop and case begin dismissed.

Quote:
Originally Posted by 1pedrorivera View Post
No I wasn't charged with anything, I also was pulled over and the cop asked if I had ever been arrested I said no, he took my DL and checked and gave it back with a warning for a bad brake light. Idk if It doesn't show up since when I was arrested I didn't have a SSN or ID
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#9
02-09-2015, 09:11 PM
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1pedrorivera
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You have till 3 months to either get indicted or not, that's why right before the 3 month mark of me being In jail I was released. I went to court like twice but my lawyer would just come to me and say I had another court date, give me my date and leave. And one night I just got released. With a "dismissal by No Bill By Grand jury"
What I don't understand is how after a month of gettin released I went for my biometrics and everything went well even though I had been arrested, though I filled my application before getting arrested and I put "no" for that question if I had ever been arrested. But I'm sure when they took my biometrics something should've came up?.
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#10
02-09-2015, 10:42 PM
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txgirl
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You were charge. When you were arrested and detained for 3 months you were listed as being detained for an offense. The charges were not pursued and therefor no billed.
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