485 Pending & Misdemeanor Charges

I

iyerwall

New Member
Hello, I was involved in an unfortunate incident for which I was held liable and charged with a misdemeanor charge. The case was dismissed though I was taken to the police station and had my finger-printing taken. The records have been made non-public and the court clerk told me that no one would be able to see the records since the case has been dismissed without any conviction.

Happy that I was, I gladly said 'No' to the part 3 - second question in the i-485 application (have you ever been arrested for..moral torpitude..etc). Since then I have been a happy camper receiving my EAD and gotten my fingerprints taken and now waiting for 485 approval (or is it?). I recently read a post about 485 applications getting denies because the background check returned something that was not declared in the 485.

Now, I am in an extreme panic mode. I mean, I am married with kids and home and what not. I cant imagine my 485 getting denied. I am still on H1 though. My question to you friends are:

1. Am I in trouble? Will the arrest show up and will the officer send a NOID or RFE to look into the matters? Or will it be a straight forward rejection? Or will be go under the table and my 485 be approved?
2. How strict is the USCIS in evaluating applications with a returned background check issues EVEN for dismissed case?
3. What should I do now? The lawyer sounds ambiguous and non-committal and Im freaking out over this. Should I get ready to get a rejection and pack mine and my family's bags?

Please help...
 
I think you dhould not have lied in your 485 applications and would have marked "Yes" in the form. Also you should have attached all arrest records and documents showing final disposal of the case.
In any case, i am sure USCIS will send you a RFE when they review your case. They may ask you for all arrest records and related documents. Did you get any jail time or fine or community service as part of your final judgement?
 
Hi Tufguy,

There was no jail time (except for the time spent when I was booked) and no fines. I was on probation and the case got dismissed once probation was completed.
 
iyerwall said:
Hi Tufguy,

There was no jail time (except for the time spent when I was booked) and no fines. I was on probation and the case got dismissed once probation was completed.
Click to expand...

Still it shud be mentioned in your application. The public might not come to know about it,but it was bound to come up in Background check.And if its a misdemeanor you dont need to worry. Declare it and send a MTR. Have a good lawyer criminal and immigration to do this job.
 
You will get an RFE for the misdemeanor charges as it will for sure come up during name check. Even though it is not available for public records, FBI has access to anything and everything about every individual in US.
I don't want to scare you but USCIS might reject your I-485 application as giving false information while filing it.

Your stupid lawyer should have informed you about this. I guess you should wait and watch... consult a good immigration lawyer and get rid of this moron in the meantime.

Good luck !!!!
 
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