intokable21
New Member
My father is the petitioner (employer based), and right now the I-485 is for both of my parents, my brother, and me in NYS. My DOB is 7/1986. We have all had the EAD card for a few years now.
I was arrested as a minor (17 years old) in 6/04, for petit larceny, and the judge told me as long as i did not get arrested for a year, the case would be sealed. I was arrested in 9/05 (19 years old), for petit larceny, and the judge told me as long as I didn't get arrested within 6 months, the case would be sealed. It didn't become sealed until 4/06. My first I-485 interview was in 1/06, I was the first one in my family to be scheduled, and the agent at Federal Plaza told me my father had to be called first, so they arranged a family interview for 5/17/06.
At the interview 5/17/06, with all four of us plus our lawyer present, they asked me two questions pertaining my criminal past.
1) Have you comitted a crime that the police does not know about?
NO
2) Have you ever been arrested?
I said NO, on advice from my lawyer, on grounds that the case was sealed and the lawyer thought it would not appear on the background check.
I thought the interview had gone very well, the agent was freindly, and we asked alot of quesitons at the end. She said "security clearance had been completed." and that everything looked good, but her supervisor had to look over the file to make sure everything was in order. So we left feeling confident.
On 5/20/06 I received a letter (with the date of 5/17/06, same day as interview) stating I had been denied for adjustment of status, due to misrepresentation about my arrest. The letter states that I had a several opportunities to come clean. It states the date of my arrest, the charge, and location (the arrest as an adult.) The arrest as a minor is not stated on the letter.
It says I can't appeal, just file a motion to reconsider or to a motion to reopen. Looking back at the timeline I believe this is what happened:
CASE SEALED (4/06): Now the case is sealed, and I went to get disposition the same week.
SECOND INTERVIEW (5/06): My father and brother had went for their fingerprints 2-3 weeks prior to the interview, my mother and I had gone in 12/05. I think they kept the same background check from the first interview, I don't think they did a new one, because the sealed case should not have come up.
MY QUESTIONS
1) Should I file a motion? Which one?
2) What is the point of sealing cases? Are they truly sealed, with no one having access to it? Or do they have access to it, but they have to disregard it? Would sealed cases appear on any background check?
3) Should I bring up my arrest when I was a minor? That case is sealed, and I also have the disposition. Is it possible that they the arrest as a minor came up, but they are withholding that from me? like they did with the arrest as an adult at the interview?
4) Was USCIS interviewer right in not questioning me about my arrest, if she had the background check in front of her? Why would she say all security clearances had been completed?
5) I blame this on my lawyer. The first interview and after that, the plan was to disclose the adult arrest, but not the arrest as a minor. The morning of the interview 5/17/06 , he said he talked to another lawyer, and they agreed not to disclose the information about my arrest because it was sealed and it might jeopardize me, so the plan changed to me not disclosing my arrest, even though I had the disposition with me.
Is there anything I can do to blame my lawyer? Would he get in trouble, like have his license revoked? Would USCIS accept this as a valid reason?
6) I have a USC fiancee, and he is the father of our USC 2 year old daughter. We would have been married 3 years ago, but the lawyer said doing that would throw away our whole case, and that it was better to wait it out.
What would happen if I marry him now? Would that make it worse or easier? Should I marry him now or wait? Should I point this out (2 USC-fiancee & daughter) in the Motion?
7) In case they still reject/ deny my application, will this hinder or hurt my parents/ brother in their application? Is there anything I can do so that it does not hurt their chances?
8)Look at the TIMELINE, does it seem like that is what likely happened?
9) My brother was arrested in the summer of 2005, for public urination and marijuana possesion. He did not get a letter yet, but I believe its because his background check is still in progress. It is already sealed, and he does have the disposition. Will he get the letter too?
Thank you
I was arrested as a minor (17 years old) in 6/04, for petit larceny, and the judge told me as long as i did not get arrested for a year, the case would be sealed. I was arrested in 9/05 (19 years old), for petit larceny, and the judge told me as long as I didn't get arrested within 6 months, the case would be sealed. It didn't become sealed until 4/06. My first I-485 interview was in 1/06, I was the first one in my family to be scheduled, and the agent at Federal Plaza told me my father had to be called first, so they arranged a family interview for 5/17/06.
At the interview 5/17/06, with all four of us plus our lawyer present, they asked me two questions pertaining my criminal past.
1) Have you comitted a crime that the police does not know about?
NO
2) Have you ever been arrested?
I said NO, on advice from my lawyer, on grounds that the case was sealed and the lawyer thought it would not appear on the background check.
I thought the interview had gone very well, the agent was freindly, and we asked alot of quesitons at the end. She said "security clearance had been completed." and that everything looked good, but her supervisor had to look over the file to make sure everything was in order. So we left feeling confident.
On 5/20/06 I received a letter (with the date of 5/17/06, same day as interview) stating I had been denied for adjustment of status, due to misrepresentation about my arrest. The letter states that I had a several opportunities to come clean. It states the date of my arrest, the charge, and location (the arrest as an adult.) The arrest as a minor is not stated on the letter.
It says I can't appeal, just file a motion to reconsider or to a motion to reopen. Looking back at the timeline I believe this is what happened:
TIMELINE
FIRST INTERVIEW (1/06): 9/05 Petit Larceny case was not sealed as of yet. Background check at this point would have come up with this charge.CASE SEALED (4/06): Now the case is sealed, and I went to get disposition the same week.
SECOND INTERVIEW (5/06): My father and brother had went for their fingerprints 2-3 weeks prior to the interview, my mother and I had gone in 12/05. I think they kept the same background check from the first interview, I don't think they did a new one, because the sealed case should not have come up.
MY QUESTIONS
1) Should I file a motion? Which one?
2) What is the point of sealing cases? Are they truly sealed, with no one having access to it? Or do they have access to it, but they have to disregard it? Would sealed cases appear on any background check?
3) Should I bring up my arrest when I was a minor? That case is sealed, and I also have the disposition. Is it possible that they the arrest as a minor came up, but they are withholding that from me? like they did with the arrest as an adult at the interview?
4) Was USCIS interviewer right in not questioning me about my arrest, if she had the background check in front of her? Why would she say all security clearances had been completed?
5) I blame this on my lawyer. The first interview and after that, the plan was to disclose the adult arrest, but not the arrest as a minor. The morning of the interview 5/17/06 , he said he talked to another lawyer, and they agreed not to disclose the information about my arrest because it was sealed and it might jeopardize me, so the plan changed to me not disclosing my arrest, even though I had the disposition with me.
Is there anything I can do to blame my lawyer? Would he get in trouble, like have his license revoked? Would USCIS accept this as a valid reason?
6) I have a USC fiancee, and he is the father of our USC 2 year old daughter. We would have been married 3 years ago, but the lawyer said doing that would throw away our whole case, and that it was better to wait it out.
What would happen if I marry him now? Would that make it worse or easier? Should I marry him now or wait? Should I point this out (2 USC-fiancee & daughter) in the Motion?
7) In case they still reject/ deny my application, will this hinder or hurt my parents/ brother in their application? Is there anything I can do so that it does not hurt their chances?
8)Look at the TIMELINE, does it seem like that is what likely happened?
9) My brother was arrested in the summer of 2005, for public urination and marijuana possesion. He did not get a letter yet, but I believe its because his background check is still in progress. It is already sealed, and he does have the disposition. Will he get the letter too?
Thank you
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