I-485 question part 8 question 25

[hopefulgc]

There is a question on Form I-485 under general eligibility and inadmissibility

Have you ever been arrested, cited, charged, or detained for any reason by any law enforcement official (including but not limited to any US immigration official or any official of the US armed forces or U.S coast gaurd?

A part from a couple traffic citation I had been in one incident which I am not sure whether I should mention or not.
Few years ago, I had an altercation with my ex-wife (to whom I am married now). In the heat of the argument, she made a 911. An officer came over. My wife alleged that I pushed her. I told my side of the story that the argument escalated and I walked out giving her space. Police made a report of what we both said. He performed a civil standby, asked me to go out for a few hours to a day and come back after things cool down. I was not arrested, cited, detained or charged.

After few days, my ex decided to leave, so she went to the police station and with this incident, she obtained an emergency protective order so that I did not go after our son. The PO expired in few days during that time she found an attorney and served me with divorce. Again there was no arrest or citation. Our divorce ensued after that and now we both have equal custody to our child

Having said that, I have following questions:

1. Do I need to answer YES for this question? Given that I was not arrested, cited, charged or detained. I had a couple traffic citation. If I answered YES do I need to give the details of the above incident

2. If I answer yes, do I need to discuss the details of this with my Immigration lawyer who handles all the cases of my employer? I am not comfortable doing this as he represents our firm

3. If I answer YES, will this be a problem while adjudicating the case when there was no arrest or whatsoever? Can USCIS officer find this information from police database? If they cannot, then I just don't want to invite unnecessary trouble

Please let me know what I should be doing. I am about to turn the application over to my attorney to file everything this month before the next VB comes

[visa_2014]

You should reach out to an attorney directly (not the one who is filing your I-485) and check with him. i am suggesting this because it might be ok to mark this answer as "Yes" and get away with v/s answering it as "No" and USCIS officer finding it out and found that you lied.

[hopefulgc]

Should I mention it even if there were no charges filed or cited or detained but just a police report. An EPO was issued based on this incident which expired in 5 days

[hopefulgc]

Also would it be a problem if I discuss this with my company attorney doing AOS?

[verbose]

Should I mention it even if there were no charges filed or cited or detained but just a police report. An EPO was issued based on this incident which expired in 5 days

The attorney should be able to advise you about specifics here, IMO. There is always space to provide additional details and it should be fine to add this detail.

[verbose]

Also would it be a problem if I discuss this with my company attorney doing AOS?

As advised earlier, would suggest discussing with a separate attorney and make sure you handle this correctly. Would be good to review your employment contract and employment eligibility to make sure you did not inadvertently conceal any relevant information when you were hired.

Good to do the due diligence vi separate attorney before proceeding.