I-600A question

August 26, 2010

Your homestudy social worker should know that any time that there is an arrest mentioned on a homestudy report that will go to the USCIS, there needs to be a personal statement about it from the prospective parent, describing what happened from his/her perspective, what the court required of him/her, what he/she did to ensure that it won't happen again, etc. This statement is in addition to court documents about the arrest and disposition.

In general, the person should begin with a brief factual statement about what happened. An example would be, "I walked out of a store with a box of shoes and did not pay. The clerk called the police and I was arrested." Another example would be, "I was a college senior, celebrating my admission to a prestigious school at a party. After having five or six beers, I started to drive home. A policeman pulled me over and charged me with driving under the influence."

The second part of the statement should include the person's feelings about the arrest -- any mitigating factors, his/her own remorse, etc. One thing that is really important, if there is any hope that an approval can be given, is that the prospective parent take responsibility for his/her actions and NOT make excuses.

Some examples of how NOT to write this section:

1. Yes, I smoked a little marijuana, but everyone else did, too. It was in the 70s and everyone thought marijuana laws were stupid, and that weed wasn't harmful. People in Cambridge were smoking weed right out in the street; I was just smoking a little at a private party my girlfriend gave. Because the music was a little loud, the police came; they saw the marijuana and arrested some of us. "EVERYONE WAS DOING IT" IS NOT A VALID EXCUSE. THIS GUY KNEW THE LAW AND KNEW THAT HE WAS BREAKING IT. SOUNDS AS IF THIS GUY WOULD TEACH HIS CHILD THAT BREAKING LAWS YOU DON'T LIKE IS ACCEPTABLE BEHAVIOR.

2. It was a hot summer day and I was hanging out with some friends. One of them said that there was this house with a pool, and the owners were away. He suggested that we go for a swim. We didn't think it was a big deal; we weren't damaging the pool or stealing anything. There was a locked, tall fence, but one guy climbed over and unlocked the gate for the rest of us. We started swimming, but a nosy neighbor saw us and called the police. We were arrested. It was really stupid; we weren't doing any harm. We were just cooling off. A silly prank, nothing more. SOUNDS AS IF HE STILL DOESN'T UNDERSTAND THAT ENTERING PRIVATE PROPERTY WITHOUT PERMISSION IS A CRIME. DIDN'T THE LOCKED GATE TELL HIM ANYTHING? IS THIS WHAT HE SHOULD BE TEACHING HIS CHILDREN?

The woman with the shoes should probably have written something like, "I found a pair of shoes I liked at the store, and was heading for the cash register. Then I realized that I'd promised to pick up my husband at work at 5 p.m. His car was in the repair shop, and he had to go to a meeting. Without thinking about what I was doing, I rushed out to the car, still holding the box of shoes, got in, and began to drive away. The store owner called the police, and I was arrested. The charges were dropped, but I felt really terrible. Obviously, I should have put the shoes back, or taken the shoes to the register and asked to have them put on hold while I went to get my husband, if I didn't have time to pay for them right then. It was truly a stupid move on my part. I fully understood that I had to pay for the shoes before taking them out of the store, and I had plenty of money with which to pay for them. I paid for the shoes, apologized in person to the store owner, and still use the store regularly.

The drunk driver should probably have written something like, "I was a college student, so I was smart enough to know that driving drunk was dangerous and against the law. I probably didn't know what we know today -- that a man who consumes five beers is considered to be a binge drinker, but I certainly knew that I'd had a good bit to drink. Even if I didn't think I was legally drunk, I should never have tried to drive; I was having a little trouble even walking a straight line to my car. I should have asked someone to drive me home."

With regard to what the court required, and what was learned from the incident, the drunk driver might have written something like the following, "I had to go to court. The judge was lenient; he could have been more harsh. I was ordered to pay a fine and go to an alcohol awareness program. I actually learned a lot at the alcohol awareness program. One thing I learned was that there can be a genetic component to alcoholism. My Dad, who died while I was in high school, was an alcoholic. I realized that if I kept drinking, I might turn out like him, and he was really bad news. He and my mother were divorced when I was little, and I was raised by her and, later, by a wonderful stepfather. It was a tough decision to make, since alcohol is served at just about every sort of occasion, but I decided that I'd be better off abstaining from alcohol entirely. I have not had any alcoholic beverages in the past 15 years. I now have a Ph.D. and teach at a prestigious university. I have a wonderful wife and am looking forward to adopting a child."

In short, describe the incident objectively. Then give your impression of what happened and why. Always admit responsibility; don't make excuses. Indicate what you were required to do by the court, and what, if anything, you decided to do on your own to make up for your misdeed and to make sure that it will not happen again. Indicate whether or not there was any repetition of the incident.

Be particularly thorough in discussing arrests concerning alcohol and drugs, as the USCIS knows that many countries will not accept prospective parents with a history of substance abuse, and that substance abusers usually make terrible parents. Also be aware that any hint of domestic violence or child abuse is likely to lead to a turn-down, unless it is clearly documented by the court that you did not commit the offenses with which you were charged. As an example, if a disgruntled ex-spouse seeking custody, visitation rights, financial support, etc., alleges that you committed domestic violence or child abuse, you'll want to demonstrate that the court viewed the allegations as unfounded and, possibly, awarded you custody or visitation, making it clear that the court did not see you as a threat.

Needless to say, the best way to avoid any need for such statements, the best thing to do is not to commit any violations of law. But if you did something stupid in your younger days, make sure that the court knows that you understand the stupidity of your actions and have taken steps to be sure that you don't act that way again. Your statement is very important, so craft it carefully and thoughtfully. Also, be willing to jump through any hoops that the USCIS wants, in terms of obtaining various police and court records. Make sure that your social worker determines EXACTLY what the USCIS wants from you in terms of police records, court records, records of treatment or alcohol awareness programs, etc. and be prepared to provide it. Your ability to adopt will depend on it.

Sharon