Immigration Arrest and I-485 Interview

Pgmgc

New Member
Hi All,

This is my first post in this fantastic forum where people share each other's experiences. My case got transferred to NBC on 12/6/2008 and I received my interview letter for Mar 17th interview. I have a 24 hr. detention on my record because when I came to US in 2001, my sponsoring company went out of business and I was in process of tranferring my H1B to another Co. Meanwhile, I called my family. At the airport, the IO asked me where I was working. I told him the fact that I am transferring my H1B to another company. IO was pretty rude and he refused to accept this fact and sent my family back to India right away and detained me for 24 hrs. They also started a removal proceeding case against me. Next day, I was released on bail and I started the damage repair process. After 6-8 months, I got my H1B approved through the new company. Removal proceeding case got terminated right away, and my family also joined me a month later. A year later, we moved to California and joined a new company. My current H1B and GC processing is with the same employer. Every thing is in compliance. For this I-485 interview, my biggest concern is that will the arrest/detention thing create a serious problem for our case? We have disclosed everything in the I-485 application and submitted certified copies of termination order and everything. I was wondering if someone has the same or similar kind of problem as mine, so that we can share more to prepare for the interview in a better way. Please advise. Any help in this regard will be greatly appreciated. I thank in advance if someone can please respond.
 
Hello All,

I have my I-485 interview in March. Please refer to my earlier message. Could any one please share some thoughts on it. Thanks in advance.

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Immigration Arrest and I-485 Interview

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Hi All,

This is my first post in this fantastic forum where people share each other's experiences. My case got transferred to NBC on 12/6/2008 and I received my interview letter for Mar 17th interview. I have a 24 hr. detention on my record because when I came to US in 2001, my sponsoring company went out of business and I was in process of tranferring my H1B to another Co. Meanwhile, I called my family. At the airport, the IO asked me where I was working. I told him the fact that I am transferring my H1B to another company. IO was pretty rude and he refused to accept this fact and sent my family back to India right away and detained me for 24 hrs. They also started a removal proceeding case against me. Next day, I was released on bail and I started the damage repair process. After 6-8 months, I got my H1B approved through the new company. Removal proceeding case got terminated right away, and my family also joined me a month later. A year later, we moved to California and joined a new company. My current H1B and GC processing is with the same employer. Every thing is in compliance. For this I-485 interview, my biggest concern is that will the arrest/detention thing create a serious problem for our case? We have disclosed everything in the I-485 application and submitted certified copies of termination order and everything. I was wondering if someone has the same or similar kind of problem as mine, so that we can share more to prepare for the interview in a better way. Please advise. Any help in this regard will be greatly appreciated. I thank in advance if someone can please respond.
 
Do not worry, all my friends and family members get arrested before their interviews with no problem at all. The interviews went very smooth and the GCs approved on site:D
 
MMED,

Thanks a lot for your response. I feel much better now. I know that INS can not hold a terminated case against me at the interview but you know there is always this concern in my mind regarding this detention thing. This becomes irrelevant more importantly due to the fact that this happened to me 7 years ago. So, I just hope that IO at the interview takes this thing lightly.

Thanks again.
 
This becomes irrelevant more importantly due to the fact that this happened to me 7 years ago.

No, it becomes irrelevant because they later allowed you to enter in H-1 status. If made you inadmissible, it would have done so then and your H-1 would not have been approved.

So, I just hope that IO at the interview takes this thing lightly.

The IO has no discretion in the matter. Either it makes you inadmissible and he/she has no choice but to deny the I-485, or it doesn't, in which case the I-485 must be approved.
 
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