Re: 485 filers who had been arrested and fingerprinted

PLease understand the following with respect to your interviews:

1. If you were arrested, you WILL be called for interview. It doses not matter how your case was disposed of.

2. USCIS typically does NOT have your police report, they just have a couple of lines from the FBI saying you were arrested (may or may not mention the charge). If your arrest was long ago... it may also contain info on plea, conviction or aquittal, and your sentence.

3. If you were eligible for, and received record clearance, that technically changes your plea from guilty to not guilty and the conviction is set aside and case status changes to case dismissed by court. In such cases the FBI only says you were arrested and case dismissed. I had record clearance.

4. Note that if your case was dismissed on its own merits, and not due to record clearance, then your FBI report will say case dismissed without prejudice. USCIS knows the difference.

5. The arrest stays on your record and you WILL be called for interview as a result.

6. If you hid the arrest in your I-485 application, God might find it hard to help you.

7. If your arrest happened AFTER the I-485 was filed, don't worry about not having informed the USCIS. Mine was after.

8. Typically, the USCIS interviewer is interested in two things:
(a) the FINAL DISPOSITION of your case: i.e. what was your plea and what was the penalty Have original court records handy.
(b) they want to know in your own words what happened. Do not lie.

9. Typically, they do NOT want to see your police report. This is good, because those reports are scary: I have seen mine.

10. It does not matter if you pleaded guilty to things like disturbing the peace (which, BTW is a misdemeanor). If you have just an infraction, you are so cool, you don't even need to read this. (If you have a felony, you probably need a BIG lawyer )

11. What matters is whether it was a crime of moral turpitude (stealing, DUI, beating up your spouse... etc.). Even THEN... for an offense to be worth denying your green card and putting you in removal proceedings, the following two tests need to be met:
(a) the maximum POSSIBLE sentence for your crime is 1 year or more in county jail (this is different from one year in prison, which is way worse)
(b) YOUR ACTUAL sentence must have been 6 months or more of the above

12. Note that if you were placed on FORMAL or SUPERVISED probation, without having to go to jail, that is the SAME thing as going to jail for the duration of the probation. It is just considered a jail-alternative. If you were placed on INFORMAL or COURT probation, that is cool.

Hope this helps.

Afterthought:
See a lawyer for legal advice. Especially if you have something greater than disturbing the peace, which is the lowest misdemeanor you can get.

you can find more info from here:
http://boards.immigrationportal.com/showthread.php?t=138444

所有跟帖： 

• 回複：Re: 485 filers who had been arrested and fingerprinted -PrepareToFly- ♀ (99 bytes) () 06/20/2007 postreply 20:32:47

• interview後大部分都通過還是不通過？ -dengji- ♂ (38 bytes) () 06/20/2007 postreply 20:44:19

• don't worry -gc2020- ♂ (41 bytes) () 06/20/2007 postreply 20:48:27

• 我現在有綠卡律師，你是說再找個刑事律師和我一起去？ -dengji- ♂ (0 bytes) () 06/20/2007 postreply 20:51:44

• 回複：我現在有綠卡律師，你是說再找個刑事律師和我一起去？ -gc2020- ♂ (280 bytes) () 06/20/2007 postreply 20:58:50

• Sorry I should have put "ZT" in the title -gc2020- ♂ (0 bytes) () 06/20/2007 postreply 20:45:30

• 這interview一般都多久阿？ -dengji- ♂ (0 bytes) () 06/20/2007 postreply 20:58:52

• 這種情況下的interview很簡單，最多半個小時，移民官會問問當時 -xiaobaitu- ♀ (46 bytes) () 06/20/2007 postreply 21:32:59

• 回複 -PrepareToFly- ♀ (0 bytes) () 06/21/2007 postreply 08:01:56

• how long is the waiting time? -PrepareToFly- ♀ (58 bytes) () 06/21/2007 postreply 08:03:39