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Arrest ! Please help
- Thread starter Jawan1
- Start date
This is what you can do....
Try convincing your HR director to keep your 485 file confidential. Tell them there is some personal information on 485 which has nothing to do with your job performance etc. and that you would like for it to be just between you and the attorney. Then, have the attorney file it for you.
The other thing I would advise you to do is to follow up with your attorney (not immigration) and have your record expunged. That way, when you apply for another job etc., you do not have to answer yes for any prior arrests, violations etc.
What stage of 485 are you, which center? This link may be useful to you
http://www.ins.usdoj.gov/lpBin/lpex...emplates&fn=document-frame.htm#slb-act212
Good luck.
Try convincing your HR director to keep your 485 file confidential. Tell them there is some personal information on 485 which has nothing to do with your job performance etc. and that you would like for it to be just between you and the attorney. Then, have the attorney file it for you.
The other thing I would advise you to do is to follow up with your attorney (not immigration) and have your record expunged. That way, when you apply for another job etc., you do not have to answer yes for any prior arrests, violations etc.
What stage of 485 are you, which center? This link may be useful to you
http://www.ins.usdoj.gov/lpBin/lpex...emplates&fn=document-frame.htm#slb-act212
Good luck.
Alien Labour
Registered Users (C)
Jawan1 - how does your company know about your arest? Did you inform them?
Logically, your best approach would be to appeal to the attorney\'s sensibilities to keep it confide
I don\'t think you have any option but to tell the attorney. They respect privacy issues and would best understand (though they may be legally tied) your concerns about your employer coming to know this, esp if the arrest has no bearings on your job performance. After all, if the 485 filing had not occurred your company wouldn\'t come to know of this.
I WOULD DEFINITELY NOT GO TO HR ! HR\'s job is to act in the the company\'s interest, usually has little clout and will definitely not keep it confidential. Your best bet is the external attorney - I\'m sure they have encountered this before. Also, are you sharing the attorney fees with your company. Then all the more reason they\'ll feel obliged to look after your interests.
Another option is after you call have your own personal attorney make a follow-up courtesy call (mind you, no threats) to this immigration attorney to represent your concerns. He/she will be best able to represent your interest in \'legalese\', maybe even establish a rapport.
The reason I\'m suggestin this is I once had to get my personal attorney to call my company attorney on a completely unrelated matter.He was able to express my concerns and make a request on my behalf in a way I would not have been able to. It was worth it.
Hope this helps. Do let us know how things fared. Good luck!
I don\'t think you have any option but to tell the attorney. They respect privacy issues and would best understand (though they may be legally tied) your concerns about your employer coming to know this, esp if the arrest has no bearings on your job performance. After all, if the 485 filing had not occurred your company wouldn\'t come to know of this.
I WOULD DEFINITELY NOT GO TO HR ! HR\'s job is to act in the the company\'s interest, usually has little clout and will definitely not keep it confidential. Your best bet is the external attorney - I\'m sure they have encountered this before. Also, are you sharing the attorney fees with your company. Then all the more reason they\'ll feel obliged to look after your interests.
Another option is after you call have your own personal attorney make a follow-up courtesy call (mind you, no threats) to this immigration attorney to represent your concerns. He/she will be best able to represent your interest in \'legalese\', maybe even establish a rapport.
The reason I\'m suggestin this is I once had to get my personal attorney to call my company attorney on a completely unrelated matter.He was able to express my concerns and make a request on my behalf in a way I would not have been able to. It was worth it.
Hope this helps. Do let us know how things fared. Good luck!
Try this...
Your HR folks may not agree to pull the plug on the company attorney because he has done all the things so far for you, like H1, I140 etc. and may not agree to transferring the application to your attorney in which case, you have to tell them that it is a personal application and that you want it filed confidentially. You can have it filed by the company attorney provided the company does not get a copy of your application.
Your HR folks may not agree to pull the plug on the company attorney because he has done all the things so far for you, like H1, I140 etc. and may not agree to transferring the application to your attorney in which case, you have to tell them that it is a personal application and that you want it filed confidentially. You can have it filed by the company attorney provided the company does not get a copy of your application.
MIkhail, Could elaborate on how to get the arrest record expunged?
Is this something which one can do on their own or do we have to go through a lawyer? I too was charged once with a misdemeanor offence but the charges were dropped by the county court on the basis of lack of evidence. However I am not sure if the arrest record is still there or not. It is really bothering me that I may have to say yes against an arrest question in any job application even though the charges were dropped by the court
Is this something which one can do on their own or do we have to go through a lawyer? I too was charged once with a misdemeanor offence but the charges were dropped by the county court on the basis of lack of evidence. However I am not sure if the arrest record is still there or not. It is really bothering me that I may have to say yes against an arrest question in any job application even though the charges were dropped by the court
Expungement...
It is advisable to use an attorney to get the record expunged. Depending upon the nature, place, county of the original charge, it may take anywhere from 4 to 6 months to get this done. It is highly recommended to get it cleared for future job and other such applications although it does not help much with the 485 filing I believe. Hope this helps..
It is advisable to use an attorney to get the record expunged. Depending upon the nature, place, county of the original charge, it may take anywhere from 4 to 6 months to get this done. It is highly recommended to get it cleared for future job and other such applications although it does not help much with the 485 filing I believe. Hope this helps..