Question on I-485 Part 3.1b and arrest record

[tintinmar]

Hi,

I've been arrested in Canada 4 years ago for 2 felonies (death threats and aggravated assault, related to my ex gf and her new bf). I was acquitted for both. I'm now intending to apply for adjustment of status through close relative in the USA.

My question is, do I have to answer "yes" to the question "Have you ever been arrested, cited, charged, indicted, convicted, fined, or imprisoned for breaking or violating any law or ordinance, excluding traffic violations?" I'd say "No" is possible because I actually didn't break the law...

Other things that make me doubt, I have a French passport. When I crossed the border from Canada to the USA by land, I had to apply for the Visa Waiver Program which asks the exact same question and I answered "No". I also answered "No" to that question when I applied for a working permit in Canada.

I can't take an immigration lawyer, all my papers are ready even those related to my arrest I just don't know if I have to attach them. Besides, if I end up saying "Yes" will they give me troubles because I said "No" several times before that?

Thanks for your help

[inadmissible]

The answer to the question is "yes"
You were acquitted, and so it will not bar you from adjustment of status, as an alien inadmissible to the United States on criminal grounds.
They do more research on a AoS application than they do on a ESTA form, so if you get caught in a lie, you will be barred from adjustment of status, as an alien inadmissible to the United States for willful misrepresentation.

[tintinmar]

Thanks for your answer.

What about the fact that I answered no before, would they be able to use it against me? And I'm just wondering if the Canadian government didn't find out that I "lied" for a permanent residency visa about my arrest record, how can the USA find out?

[inadmissible]

Do you really think that the United States is unable to access your arrest records in Canada?

So you lied on your ESTA form. Now you are considering lying on your AOS form. You have a difficult choice, to be sure, but it seems that the risk/reward ratio points to being truthful on the AOS form.

I am biased, as I was caught in a lie and have had to live with the consequence (hence my screen name).