arrested and I 485

R

roneedonee

Registered Users (C)
I got arrested and served the term for misdemeanor crime. (It was more of discount label mischievous at retail store result of challenge with friend), which I realized now how stupid I can be to do such thing and have enormous regret for my behavior. I got my punishment also. Cops arrested and detained me for one day and next day released by my saying about charges “No Contest” since I have served the term already. Story of my blunder ends here may not be true for future implication.

My status in USA:

I am at present on H1B holder and visa is stamped on my passport till Jan, 2006 and currently working. My company filed my I-140, I-485, my wife’s I-485 on December, 2003 at Vermont center through their attorney. My wife and I received the EAD also and she is working on EAD and posses valid AP for one year. I am still continuing on H1B. Vermont center’s I-140 current date is May 21st, 2004 but no clue on my I-140 yet. No forward moving yet on I-485 either.

My real concerns are :


1) What impact I should expect in future with my GC now. Specially in I-485 and I-140 ? Do I need to act in advance to avoid future expected trouble with my GC?


2) Is there any way I can over come of my this bad record from police and FBI record like how we do in traffic volition by giving some exams or doing some social service etc. Which can avoid trouble in GC or citizenship procedure in future?
 
roneedonee said:
I got arrested and served the term for misdemeanor crime. (It was more of discount label mischievous at retail store result of challenge with friend), which I realized now how stupid I can be to do such thing and have enormous regret for my behavior. I got my punishment also. Cops arrested and detained me for one day and next day released by my saying about charges “No Contest” since I have served the term already. Story of my blunder ends here may not be true for future implication.

My status in USA:

I am at present on H1B holder and visa is stamped on my passport till Jan, 2006 and currently working. My company filed my I-140, I-485, my wife’s I-485 on December, 2003 at Vermont center through their attorney. My wife and I received the EAD also and she is working on EAD and posses valid AP for one year. I am still continuing on H1B. Vermont center’s I-140 current date is May 21st, 2004 but no clue on my I-140 yet. No forward moving yet on I-485 either.

My real concerns are :


1) What impact I should expect in future with my GC now. Specially in I-485 and I-140 ? Do I need to act in advance to avoid future expected trouble with my GC?


2) Is there any way I can over come of my this bad record from police and FBI record like how we do in traffic volition by giving some exams or doing some social service etc. Which can avoid trouble in GC or citizenship procedure in future?
Click to expand...
----- you need a good lawyer to get answer
 
You need a good immigration lawyer who also deals with criminal cases.Have all the court papers (if any) and offence sheet handy.
 
I am sorry to hear that. It sounds serious. You need an immigration lawyer who knows about criminal cases or criminal lawyer. I can't be able to answer your questions since I am neither an expert nor a lawyer, but you need a good lawyer who can help you.

Good luck.
 
Last edited by a moderator:
roneedonee said:
1) What impact I should expect in future with my GC now. Specially in I-485 and I-140 ? Do I need to act in advance to avoid future expected trouble with my GC?
Click to expand...

I don't think there will be issue in I-140 stage because it's employer's petition and USCIS does not check the background of employee (beneficiary). But your arrest issue can come up in I485 - either you check 'Yes' in "Have you ever arrested" question or it will come up when USCIS will check your background. Most probably they will call you for interview and you need to explain your arrest. You need to talk to a good attorney for this reason.


roneedonee said:
2) Is there any way I can over come of my this bad record from police and FBI record like how we do in traffic volition by giving some exams or doing some social service etc. Which can avoid trouble in GC or citizenship procedure in future?
Click to expand...

No matter what you do you have answer "have you ever arrested" to "yes" - there is no escape from it. Community service can reduce sentence (in court's discretion) but it still cannot "remove" or "undo" arrest record.
Even in traffic violation, exam reduces punishment (point does not go to your DMV record), but it still does not "undo" citation - you need pay the fine anyway.
 
You should be okay.. but consult with immigration attorney. You can search the numerous discussions in this portal. Search for the word "conviction" or criminal
 
need help. we had a misdeameanor and maximum panelty was some $ fine and no jail time. instead of paying fine and taking conviction on record, we got out taking middle road of community program (no contest) and completed in 1 month. records are sealed and case dismissed.
DO WE NEED AN ATTORNEY REPRESENTATION DURING AN INTERVIEW OR IT WILL BE SAFE TO GO ON OUR OWN? WOULD ANYONE PLEASE LET US KNOW ASAP.

rani4001
 
It depends on the EXACT nature of the crime involved. Most crimes fall under CMT (Crime of Moral Turpitude). Can that be deportable? it depends. you need a GOOD and an experienced criminal immigration attorney. There are many immigration attorneys who specialize in this area of the law. GOOD LUCK!!!
 
Thanks roneedonee. Is your 140 approved or still waiting for it. I think 485 is the point where they look into all this. Do u know how far are you into that? More importantly, have you told your employers about this? Guess you might have since you would have checked 'yes' for arrested, right? How was their reaction on it?
Mine was not CIMT since my visa said "Crime does not constitute CIMT" after I said 'yes' when getting the H1B visa.
 
affect on H1B

How Visa should say some thing about CIMT. Pl let me know since in future if I have to apply for H1B incase my I 485 rejected.Mine incedent happen after I 485 so I have not checked any thing on form.

Do you know how it affects while applying for H1B or H4 or B2 or L1 visa.
 
Well...I got H1B earlier this yr when I went to India. I checked yes, they did more processing (FBI search I think) for 6 weeks. Finally i got visa with that annotation. So carry all papers of what happened when you go for the visa.

In your case only thing that I am not sure abt is if you should send an amended 485? Since there is says no but its a 'yes. If you can, talk to your attorney in privacy and see what he says. Coz INS does not like surprises..thats why I mentioned it. Can you also inform me what he says?
 
Cimt

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Looks to me they are very particular about CIMT no matter how minor or petty the crime was.

Did they at port of entry questioned you about this. There data base again shows that and they did any additional sceening for you ?

I very much nervous about CIMT now.
 
No, they did not even ask me a Q. I guess getting the visa stamped with NO CIMT helps a lot and tells them that all due checks have been conducted. Thats why I was so surprised when I sent for visa revalidation (after 2 months) in US, I got a 221G-- apply at consulate. Anyway...485 is when I would need to tell my employers and am concerned abt it. PLease keep me informed.
 
Guys..anyone out there who got their 485 approved, despite a small brush with law. I have a Petit Larceny from 7 yrs back..arrest but null processed
 
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