Denial at Interview?

D

desiguy_jsr

Registered Users (C)
Hi,
I am just wondering if a person gets denied their I485 on the interview (mine is schduled already) and have used AP for travelling (thus making H1 invalid), do they put you in detention right away and proceed for deportation or do you have any time to appeal?

Thanks!
 
If at the time of the interview, the officer wants additional evidence that you do not have on hand, they will give you a few days to produce the evidence. If the evidence cannot be produced by you, then a good lawyer may be able to talk your way out of it. If that fails, and I have not seen a case take this route yet on this forum, since this is in extreme cases, then you would most probably be put into deportation proceedings immediately.

If you fear that your case may take this unfortunate turn, then by all means find the best damn immigration lawyer that money can buy who is intimately aware of the details and possible pitfalls of your case and bring him with you to the interview. If needed, the immigration lawyer, may ask that you bring a criminal lawyer as well, depending on how bad your problem is.
 
desiguy_jsr said:
Hi,
I am just wondering if a person gets denied their I485 on the interview (mine is schduled already) and have used AP for travelling (thus making H1 invalid), do they put you in detention right away and proceed for deportation or do you have any time to appeal?

Thanks!
Click to expand...

They could deny you if you have violated your status or are inadmissable for any reason. They could detain you, deport you or give you chance to appeal.
These days USCIS can detain you for however long and for any reason. Only Homeland Security has this power. You must take a lawyer with you if possible to be on the safe side.
 
desiguy_jsr said:
Hi,
I am just wondering if a person gets denied their I485 on the interview (mine is schduled already) and have used AP for travelling (thus making H1 invalid), do they put you in detention right away and proceed for deportation or do you have any time to appeal?

Thanks!
Click to expand...

Usage of AP does not make H1 invalid. If your H1 is valid now, it will be still valid after I-485 denial (if denied).

If I-485 is denied, USCIS does not "deport" people. USCIS just sends denial notice and ask to leave country if any non-immigrant visa is not available to him. And you will get 30 days time for motion-to-reopen after receiving denial notice.
 
Well my problem is following:

I was arrested once but case was later dismissed and was no billed or not indicted. We failed to note it on the 485 application since I thought they only require convictions and not arrests.

Now, my current immigration lawyer thinks that they are almost certainly going to DENY my case on the grounds that I did not specify the proper information. He also thinks as soon as they do, they will most definitely detain me. Also one more curious thing to note is that he came to know about all this on his own without me ever telling him. So not sure if he recieved something in the mail from USCIS or what?

By the way, who is the best immigration lawyer whom I can go and consult with? I would really appreciate any more information that you guys can provide.

Do they almost immediately DENY the application if you by mistake did not specify the above information?

Thanks!
 
Best combo of immigration and criminal attorneys

Try these . Expert in handling deportations and CIMT issues.
1) Desmond Fitzgerald (fitzgeraldlaw.com)
2) Jules Coven and William Bretz (bretzlaw.com)
3) Search more on findlaw.com

Not revealing facts in 485 form can be considered as another misdemeanor.
Was that arrest a cimt ? Was it dismissed ? You always have to mention whether you were arrested or not for immigration purposes irrespective of the outcome.
Was the case dismissed w/t prejuidice or you took some diversion ? The exact statute needs to be evaluated.
Certian waivers are available if your spouse happens to be a pr/citizen.
An expert lawyer can only help you out.But be ready to spend $$$$
 
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jish said:
Try these . Expert in handling deportations and CIMT issues.
1) Desmond Fitzgerald (fitzgeraldlaw.com)
2) Jules Coven and William Bretz (bretzlaw.com)
3) Search more on findlaw.com

Not revealing facts in 485 form can be considered as another misdemeanor.
Was that arrest a cimt ? Was it dismissed ? You always have to mention whether you were arrested or not for immigration purposes irrespective of the outcome.
Was the case dismissed w/t prejuidice or you took some diversion ? The exact statute needs to be evaluated.
Certian waivers are available if your spouse happens to be a pr/citizen.
An expert lawyer can only help you out.But be ready to spend $$$$
Click to expand...

Hi jish,
what is cimt? case was dismissed yes. case was dismissed w/t prejuidce as it was no billed in front of grand jury and they did not indicted me. I certainly did not intend to lie on my form. It was an honest mistake!

I do not have a spouse so that door is also closed. Is it really a misdemenour to not specify facts on your form? So is my case doomed for sure?
 
You may be off the hook probably as the arrest dismissal was not a "record clearance".A positive sign.
I guess since your case was dismissed w/t prejudice, that may not be the ground for removal.
CIMT - >Crime involving moral turpitude (examples passing bad check in 4 figures,fraud,shop lifting etc).
As i am not an expert, not sure as under what circumstances will uscis treat this mistake as.Misdemeanor or oversight.
It looks you didn't provided false info. wilfully.The exact statute for such things needs to be determined.
Certainly talk to a lawyer and take with him for the interview.Do some shopping for good criminal+immig attorney in next few days b4 interview.
Also keep all court docs if they have given you, handy.
 
for Jish ,

you sound pretty expert in these thing , good to know ,
help me in this matter , i had my interview at washington dc offie , v smooth case , (i 245) section , had violated the visa and paid 1k fine , officer said my name check are pending , i had applied for AP before the interview , it seems name check can take forever , since my name is saudi .. can i stil travel on AP? if yes wht is hte risk of beng turnd back at airport and denial of i 485 , name check pending only,
thanks in advance my freinds
 
adnamj said:
you sound pretty expert in these thing , good to know ,
help me in this matter , i had my interview at washington dc offie , v smooth case , (i 245) section , had violated the visa and paid 1k fine , officer said my name check are pending , i had applied for AP before the interview , it seems name check can take forever , since my name is saudi .. can i stil travel on AP? if yes wht is hte risk of beng turnd back at airport and denial of i 485 , name check pending only,
thanks in advance my freinds
Click to expand...

Name check shouldn't be a deterrent as is a routine bureaucracy they have introduced after 9/11. If your AP is approved before travelling overseas, you should be fine.
Also carry along the original 485 receipt if you have any.
Just for peace of mind consult an attorney, as your case was 245(i) before travelling.
ICE/Border patrol officers may look at admissability issues at POE, even though you have an approved AP.
Its all due to f*** INA act of 1996 sponsored by Anti-Immigration lobby
Disclaimer : Always seek attorney's help when in doubt.
 
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adnamj said:
you sound pretty expert in these thing , good to know ,
help me in this matter , i had my interview at washington dc offie , v smooth case , (i 245) section , had violated the visa and paid 1k fine , officer said my name check are pending , i had applied for AP before the interview , it seems name check can take forever , since my name is saudi .. can i stil travel on AP? if yes wht is hte risk of beng turnd back at airport and denial of i 485 , name check pending only,
thanks in advance my freinds
Click to expand...

http://uscis.gov/graphics/services/Emergency/

http://www.visalaw.com/97nov/3nov97.html

http://www.rapidimmigration.com/www/news/news_30.html

http://www.usdoj.gov/osg/briefs/2004/0responses/2003-1482.resp.html
 
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Hi Jish,
you can yourself be an attorney dude. You are awesome! I want to ask you some personal questions via email. Is it possible? Can you please send me your email addy?

Appreciate it a lot!
Thanks!
 
desiguy_jsr said:
Hi Jish,
you can yourself be an attorney dude. You are awesome! I want to ask you some personal questions via email. Is it possible? Can you please send me your email addy?

Appreciate it a lot!
Thanks!
Click to expand...
Hi, Send me a pm using this forum i shall send my email details, scared to send thru public posts, robots are there to spam my email id. :p
 
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