Does having an attorney at the interview helpful or no?

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fizk

Registered Users (C)
I got my interview letter and is scheduled on end of May. I've 2 citations and one arrest for assault & battery (domestic violence). Case was later on dismissed by the judge because my wife did not testify, and prosecution could not proceed. I mentioned the arrest in N-400, sent a certified copy of court disposition indicating case was dismissed (no conviction).

I've been calling attorneys, some say I dont need one, my case looks ok, having an attorney does not change the mind of immigration officer or outcome. Some say, it would help, immigration officers will not drill me on the arrest if I had an attorney with me.

What do you guys think?

I'm close to picking an attorney, and she says I should never show them the arrest report. They are not required to see it. I got a letter from INS asking me to bring certified copy of arrest report and court disposition. Will this layer get me in trouble?

Thanks in advance
fizk
 
fizk said:
I got my interview letter and is scheduled on end of May. I've 2 citations and one arrest for assault & battery (domestic violence). Case was later on dismissed by the judge because my wife did not testify, and prosecution could not proceed. I mentioned the arrest in N-400, sent a certified copy of court disposition indicating case was dismissed (no conviction).

I've been calling attorneys, some say I dont need one, my case looks ok, having an attorney does not change the mind of immigration officer or outcome. Some say, it would help, immigration officers will not drill me on the arrest if I had an attorney with me.

What do you guys think?

I'm close to picking an attorney, and she says I should never show them the arrest report. They are not required to see it. I got a letter from INS asking me to bring certified copy of arrest report and court disposition. Will this layer get me in trouble?

Thanks in advance
fizk
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I am by nature a conservative person, so I would advise you to bring you an attorney to your interview. Yes, it's true that you may not need one, since you were never CONVICTED of anything, but from other discussions on this forum the mere fact that you were arrested could be a problem for you. Also, as you point out, there may be some question as to what information must be disclosed to the USCIS, depending on your own individual circumstacnes, and I think that only an experienced immigration attorney can advise you on that. In my opinion, this is where immigration attorneys really earn their fees - the routine stuff, like filing of documents, can be handled by paralegals, but for a more complex case it's good to get an attorney involved.

I don't think having an attorney with you will ever "get you in trouble", even with a very simple case. You have a right to legal representation, and your case will be judged without predjudice irrespective of the presence or absence of an attorney. However, having an attorney can assist you in keeping out of trouble during the interview in case like yours.

Best of luck to you no matter what you decide.
 
2 speeding citations occur in 2006 and arrest happened in 2005. I paid $100 fine for the citations.
 
fizk said:
2 speeding citations occur in 2006 and arrest happened in 2005. I paid $100 fine for the citations.
Click to expand...

The assault and battery arrest is the one I would be concerned about eventhough it didn't result in a conviction since it falls within the 5 year of good moral character window. If you're getting conflicting advice from lawyers, are they at least telling you their position in detail? I would feel safer at the interview with at least a letter written by a lawyer explaining the facts and arguments of your case.
 
If you can afford it, go with a lawyer. At least if the interview goes awry it can help you schedule another interview, or prevent the IO going into a fishing expedition, or something. A lawyer is not going to make an "unapprovable" case "approvable", but might help you avoid making your case less "approvable" or to say or do something that could further complicate your chances.
 
Having an attorney on your side will make you feel more comfortable and confident. I recommend having an attorney. If your assault case falls with in the 5 year CIMT, then you might want to wait till the end of the 5 year from the end of the disposition date.

Thanks and Good Luck.
 
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I recommend to have an attorney with you if you have concern on your case. Try to find one who are close to USCIS office and attend interviews often. Those are ones who are familiar with the officers.
 
This is not as trivial as you may think it is.

1. This arrest happened within the 5 year window
2. Even if there is no conviction, USCIS can ask for the police report/court transcript. Police reports can be bad (if you said anything to the officer that "yes I hit her etc.) and can result in a finding against you on #1.

I would strongly recommend you to hire an attorney and have him/her review ALL details of your arrest before the interview.
 
I think it is a good idea to get a second opinion. You should consult another attorney regarding bringing the arrest report to the interview and the consequences of that. My advice is to consult immigration attorneys through www.LegalServicePlans.info. I've been very happy with their service and it's very affordable - only $16/month for unlimited consultations with the standard family plan. Hope this helps.
 
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