Help Needed: Charges Pending and 485 Interview

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bubloo

Registered Users (C)
Hello Everyone,
I am in urgent need of any help or advise from the experienced members in this forum. I applied for my 485 (employment based) in Nov 2003. A couple of months ago I switched jobs (after 140 approval and 485 > 180 days) under AC21.
I got a letter saying that my case has been transfered to the local center (Milwaukee) for speed processing. Not sure if it was due to the job change or not. Recently I have been charged and I am determined to fight back on this. My question is if my interview call comes in a month or so and the case has not been resolved...what happens at the interview?
Does INS reject my 485 because I have a pending chanrge against me?
Does INS postpone the interview till the case is resolved and make the decision based on the result of the case?

Any help from the members is greatly appreciated.

Thanks in advance
 
bubloo said:
Hello Everyone,
I am in urgent need of any help or advise from the experienced members in this forum. I applied for my 485 (employment based) in Nov 2003. A couple of months ago I switched jobs (after 140 approval and 485 > 180 days) under AC21.
I got a letter saying that my case has been transfered to the local center (Milwaukee) for speed processing. Not sure if it was due to the job change or not. Recently I have been charged and I am determined to fight back on this. My question is if my interview call comes in a month or so and the case has not been resolved...what happens at the interview?
Does INS reject my 485 because I have a pending chanrge against me?
-------- depends on charges, we dont know what you did and what is charge, go to good lawyer and seek help
Does INS postpone the interview till the case is resolved and make the decision based on the result of the case?

----- one can reschedle the interview date

Any help from the members is greatly appreciated.

Thanks in advance
Click to expand...
 
Charged with what !!!!! Please elaborate !!!!

bubloo said:
Hello Everyone,
I am in urgent need of any help or advise from the experienced members in this forum. I applied for my 485 (employment based) in Nov 2003. A couple of months ago I switched jobs (after 140 approval and 485 > 180 days) under AC21.
I got a letter saying that my case has been transfered to the local center (Milwaukee) for speed processing. Not sure if it was due to the job change or not. Recently I have been charged and I am determined to fight back on this. My question is if my interview call comes in a month or so and the case has not been resolved...what happens at the interview?
Does INS reject my 485 because I have a pending chanrge against me?
Does INS postpone the interview till the case is resolved and make the decision based on the result of the case?

Any help from the members is greatly appreciated.

Thanks in advance
Click to expand...
 
I am being charged with having a child porn picture on my computer. I have no idea how it got there...either through an email attachment or Kazaa.
Its been a very tortureous experience for me so far but I am confident that justice will prevail in the end. I am extremely worried that if this case is not resolved by the time I get my 485 interview...what happens to me?
Would I be deported for having these open charges?
Would they reject the 485 application due to open charges or give time for the case to be resolved?

Any help is greatly appreciated
 
bubloo said:
I am being charged with having a child porn picture on my computer. I have no idea how it got there...either through an email attachment or Kazaa.
Its been a very tortureous experience for me so far but I am confident that justice will prevail in the end. I am extremely worried that if this case is not resolved by the time I get my 485 interview...what happens to me?
Would I be deported for having these open charges?
Would they reject the 485 application due to open charges or give time for the case to be resolved?

Any help is greatly appreciated
Click to expand...

Your post raises more questions than it answers. If you had such material on your computer, how did it get there (really), how was it discovered? Did the FBI show up at your house with a warrant? If they did, there must have been greater suspicion than a single image inadvertenly downloaded through a Kazaa file or an innocent email attachment.

You will definitely need a good lawyer on this one. Child pornography is - correcly - not tolerated, and is a serious "crime of moral turpitude" for which all immigration benefits can be denied and you can be deported.

If you were charged, it means you were arrested and this will show up during background checks. Presumably, you were fingerprinted during the arrest/arraignment? What is the status of your charges? Were you bailed?
 
Wik,
I left my old job a few months ago and returned my computer and I think that computer had the image in question. My old employer contacted the authorities and I went through the booking process. The police also came to my house and checked the home computer and did not find anything. Currently with the help of my lawyer I am trying to get the police reports and the evidence.
My concern is if I get an interview call while this case is open would INS deport be even if there is no conviction?
 
it is very important that you have your criminal attorney and your immgration attorney talk to each other, since any conviction as little as it would seem (fines, etc) could have devastating implications for you immgration status.

Advise from this forum can help ,but for this definetely you will need the help of professionals in both criminal and immigration law.

Good Luck
 
Thanks...I understand the severity of the matter.
I am trying to figure out if someone knows how INS reacts if there is a pending charge/ no conviction at the time of an interview??

Any one has any idea on that??
 
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