The question on I-485

asks applicants w/ they were ever arrested, convicted. Ur hu*****and must say yes (background check may reveal his conviction and state No may result in a finding of lying under oath) and if possible, enclose an original final judgment/certificate of disposition with the I-485 application (not I-140). He will likely get an interview even if he may be in NIW category. Having an immigration attorney who is familiar with criminal cases to go with him may be helpful.

If the misdemeanor does not involve fraud, prostitution, larceny, ..and like convictions which are barred from AOS under INA 212as crime involving moral turpitude. USCIS should not deny his GC. At least his attorney has a higher chance to win on motion to reopen/reconsider.

The decision depends on the DAO who will interview him.

Misdemeanor convictions will be sealed at the time ordered in the judgment. If it is an assault case, an order of protection may be issued. If the TOP is expired, the case will automatically sealed.

In case that the TOP is still in effect when interview is due, denial is possible.

Donate money (show receipts), involve in community service (take photos), have people who work for the government to write reference letter for him. Those are possible ways get your evidence to support a MOR in case he was denied.

Good luck.


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