Legal Question in Immigration Law in Georgia

AOS w/ Arrest, I-94W and Expunged Record

I married a Norwegian citizen who was here on the VWPP & we are now filing AOS. The I-485 form asks if you have ever been ''arrested, convicted, charged, cited, etc.'' My husband was taken into custody when he was 16 in connection w/ an incident involving damage to private property (i.e. a mailbox). He was placed in a holding cell overnight & released the next day, no charges were filed nor was there a conviction. The matter was settled by a mediation party called the Conflict Council & he was told that the arrest would not be on his record & he would not have to reveal the arrest to anyone unless it was a matter of national security involving Norway. We will list the arrest on his I-485 form, provide a statement from the Conflict Council and his police record showing no arrests. However, I found out that on the I-94W form, he checked 'no' for the question that asks if you've ever been arrested for a crime of moral turpitude, etc. He said he felt he could check no because of what he was told about not having to reveal the arrest & also because he was never charged, he felt it was not 'moral turpitude'. My question is whether or not this will have an effect on the AOS process. Will they see it as using the VWPP fraudulently?


Asked on 4/10/02, 9:49 am

2 Answers from Attorneys
Fariba Faiz Law Offices of Fariba Faiz

Re: AOS w/ Arrest, I-94W and Expunged Record

This sounds like something that can be justifyably explained in case he is found inadmissible for usuing the visa waiver program fraudulantly. A waiver may be needed down the line if the issue is raised by the INS.

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Answered on 4/10/02, 11:16 am
Eric Schultz Sacks, Kolken & Schultz

Re: AOS w/ Arrest, I-94W and Expunged Record

As per the prior reply, he may be required to ask for a waiver of his inadmissibility for not being truthful on his I-94W. This would require you to show why you would be subjected to hardship if he were to return to his home country.

However, his act may not constitute a crime involving moral turpitude, either. This would require legal research on the foreign law, review of the potential US counterpart to such an offense, and determination of whether there was any evil intent to make it "morally turpitudinous".

You may be well served by working with an attorney knowledgeable in immigration law, to handle the issues presented, explain them to INS, and prepare for possible ramifications. Good luck.

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Answered on 4/16/02, 4:01 pm


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