Interview Experience San Jose

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niladri30

Registered Users (C)
I have an arrest and conviction for disturbing the peace.

I was interviewed and received my approval today. My RD was Feb 25, 2002. Case was transferred on the first week of June to San Jose. Interview letter came 10th July, with interview date for today, August 10.

PLease understand the following with respect to your interviews:

1. If you were arrested, you WILL be called for interview. It doses not matter how your case was disposed of.

2. USCIS typically does NOT have your police report, they just have a couple of lines from the FBI saying you were arrested (may or may not mention the charge). If your arrest was long ago... it may also contain info on plea, conviction or aquittal, and your sentence.

3. If you were eligible for, and received record clearance, that technically changes your plea from guilty to not guilty and the conviction is set aside and case status changes to case dismissed by court. In such cases the FBI only says you were arrested and case dismissed. I had record clearance.

4. Note that if your case was dismissed on its own merits, and not due to record clearance, then your FBI report will say case dismissed without prejudice. USCIS knows the difference.

5. The arrest stays on your record and you WILL be called for interview as a result.

6. If you hid the arrest in your I-485 application, God might find it hard to help you.

7. If your arrest happened AFTER the I-485 was filed, don't worry about not having informed the USCIS. Mine was after.

8. Typically, the USCIS interviewer is interested in two things:
(a) the FINAL DISPOSITION of your case: i.e. what was your plea and what was the penalty Have original court records handy.
(b) they want to know in your own words what happened. Do not lie.

9. Typically, they do NOT want to see your police report. This is good, because those reports are scary: I have seen mine.

10. It does not matter if you pleaded guilty to things like disturbing the peace (which, BTW is a misdemeanor). If you have just an infraction, you are so cool, you don't even need to read this. (If you have a felony, you probably need a BIG lawyer :D )

11. What matters is whether it was a crime of moral turpitude (stealing, DUI, beating up your spouse... etc.). Even THEN... for an offense to be worth denying your green card and putting you in removal proceedings, the following two tests need to be met:
(a) the maximum POSSIBLE sentence for your crime is 1 year or more in county jail (this is different from one year in prison, which is way worse)
(b) YOUR ACTUAL sentence must have been 6 months or more of the above

12. Note that if you were placed on FORMAL or SUPERVISED probation, without having to go to jail, that is the SAME thing as going to jail for the duration of the probation. It is just considered a jail-alternative. If you were placed on INFORMAL or COURT probation, that is cool.

Hope this helps.

Afterthought:
See a lawyer for legal advice. Especially if you have something greater than disturbing the peace, which is the lowest misdemeanor you can get.

Some of you will know me in real-life. If you are wondering what happened, I prefer you ask me straight, rather than conjecture by yourself.

Thanks.
 
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Since people want to know what happened at the interview:

As far as experience is concerned, I will not bore you with a blow by blow (oops!...don't disturb the peace!) account of how many stairs I climbed etc...

In San Jose, you leave your interview letters in a box by the window in room 200, and wait for the officer to call your name. If you have small kids, there is a play area with toys and books.

The officer is usually nice (so I am told by the attorney). Mine started by swearing me in (raise your right hand and swear to tell the truth, the whole truth and nothing but the truth, so Help you God). Now this officer was nice to the extent that she called me in ahead of the family. My attorney says they usually do this so as not to potentially embarass anyone. (Think: "Saaaay.... Daddy! Din' know you got handcuffed and stuff...Keewwl! ).

She said that the reason for the interview was due to there being an arrest record, and wanted to know what happened to the case. I showed her the:
(a) court order to pay a fine and 2 years INFORMAL probation
(b) court order, 3 months later, showing they determined that fine was paid, and that probation too was being terminated. Case closed
(c) record clearance papers of a further 3 months later (this, BTW is as good as not recognized by the USCIS)

She then wanted to know in my own words what happened. I told her. I also told her that the cop was overzealous and that I never hit anybody, both of which are aboslutely true. (The cop had been actually trying to explain to me why he had thought it fit to arrest me, till I told him to shut his face and not try to justify his actions. I refrained from telling the Immigration Officer that piece of info ) Perhaps the fact that I had not hit anybody helped.

She told my attorney: "Everything else is in order... and I can approve the family today, once I do the IBIS checks". I waited outside till she did the checks (took about 15 minutes), and she called the family in and stamped our passports. Before that, she asked some random questions like have you ever been a member of a communist party, been on welfare in the US, been arrested anywhere else... basically a subset of the standard I-485 checklist of questions. She specifically asked for and took the original of the EVL (only start date, position and salary required), copies of last 3 years tax returns (I noticed her quietly checking the gross income line )

She also had us sign what I think she called I-89s. These are cards where your index finger print and signature goes... and they make the plastic cards from that. (No, I don't know what they use for guys who don't go for interview!)

Sounds simple... and was, except that we talked and talked and talked all the while... about books, films, The Bourne Trilogy, Matt Daemon, Robert Ludlum, Hollywood, conservative middle America, Immigration officer's home town, her university, souped up muscle cars with Hemi engines, and several such other important immigration matters, as well.

Took from 12:50 to 2:30 PM including time to come up for air during the above talks.

She was a nice white haired old lady too... won't mention her name.... but you would be lucky to get her as your interviewer.

Do take an attorney, by all means, if the expense is not a concern. The good ones know all the officers, and that is a great ice-breaker. The officers expect you to bring an attorney anyway!
 
Niladri,

Pretty good information there !!!

In my case I fought an over-zealous officer upto a Circuit Court. Came out with an outright acquittal, I would accept nothing less. I know that I did not cross the BAC.

An outsider to the state with out-of-state license/tag, remote part of America, had the ability to pay the fine, professional jealocy (cop comments that I must be making good money when I answered upon being asked that I worked in IT), a co-operative judge (cop and judge work in opp rooms), brown skin .... probably that s0b thought I would just pay up and leave.

I am still wondering if they would call me for interview. That would be a real pain. Are interviews always in the local area ?? Mine is filed in Vermont and I client where I work is in the west. Wonder where the interview will be.

regards ..
 
I guess if you were arrested and fingerprinted, then your FP will produce a "hit" and you will be called for an interview. A straight acquittal is a breeze, though :D

Interview will be at the office "local" to the address shown on your I-485 application.
 
Yes, they did finger print me. But what surprised me was that the cop did not handcuff me. I read stories about these guys hancuffing kids and old frail people.

The Police Station and Court are in the same building, I pulled into a Parking lot of a church right across the station, right in God's watch :)

It seems that the city was desparate for money.
 
Documents for interview

Niladri - Great post!! Thanks. Had a question - if possible can you list the documents that one is required to carry to the interview.
It would be really helpful.
Thanks.
 
Basically they check every box there is to check, of the following: :(

Bring all the items that are checked, to the interview:

1. Interview letter, all passport(s), official ID and medical results
2. Original of all documents submitted with I485 application and one copy of each of the following for each beneficiary:
- current letter of employment for you, the petitioner and the co-sponsor (NO co-sponsor in employment based cases) stating: salary, start date and position
3. original and 1 copy of yours and any co-sponsor's income tax forms with W2s for the last three years (No, I did NOT take employing company's tax returns)
4. originals and one copy (for each family member applying with you) of the items checked below:
-- registered marriage certificate, insurance policies, rental agreements, deeds, bank/credit statements, childrens birth records (I took marriage certificate and childrens birth records and a current credit statement to show that wife and I were still married, and a rental agreement to show who all lived in the house)
-- utility bills, wedding photos, and any other evidence you feel would help establish that your marriage is bonafide.

(They took the copies of tax returns and original EVL. Interviewer went out and got copies made of credit record and health insurance cards which we had on us, to prove we were married)
 
Please Suggest

Niladri,
Please read following thread and give me suggestions, I am also waiting for Interview letter from local office, one more thing what documents should I collect? Right now I getting certified copy of my case from California Court , do you think I should get any more documents please let me know so that I will be prepared before getting Interview letter.

http://boards.immigration.com/showthread.php?t=141505

Thanks

ca_case2000
 
1. dumbo1974: No I did not take any steps to expedite the interview.
2. ca_case2000: Relax! With your story, you would have no trouble, even if you went without an attorney. Certified copies of the court dispositions will be fine. Any attorney can represent you at the interview: they will only need a form G-28 - Notice of Entry of Attorney or Representative - signed by you. Attorneys' have boatloads of those forms, so don't bother downloading one. Your case is so simple, you can pretty much pick a lawyer from the yellow pages. Good luck!
 
niladri,

You did a great job.
Can you give me some suggestion about my case?
1. I marked "yes" on my i485 application of the question "have you been arrest?....."
2. I am not sure I have been arrested or not. but i have been to police station, and wrote a police report, and finger printed, and also plead guilt six years ago. but some attoney said if you are arrested, you should do 10 finger printed, since i only did one, so i was not arrested. and I also checked the that police department record, the arrested section is empty,
but there is a record with my personal information, such as heigh, DL number, and date, that is exactly matched the date that i was in police office.
3. case never went to the court, since the other party don't want to charge me at all, they even told the police when we were in the police station (we went to the police station by ourselves), they just want a report, which will guaratee i will take care of all the finance resposiblities. I did pay everything back lately. it is really happened in very specially situation...
4. police does not charge me too, since i check the local city court, county court, there is not arrest, conventions, warrant, wants, pending case agaist me, and the statue of procecution limit is passed 4 years ago.
5. my case is pretty serious if it happened in california and if i was convinced, it is definitly a felony, I think even the other party drop the charge, state will charge me too. but Lucky thing, this thing is happend in other state, in that state it is mismeaidor.(if you want to know more, i can tell you more)

6. in order to be safe, my attorney ask me to mark "yes" on the i485, and attached police report, and evidence show how i solved the problem, basically some installment agreement.

7. since there is no court action, so i dont have any paper from any court, so there is no charge cleared record too, what should i take with me to go to interview? My attonery told me that i don't need anything else.... but i doubt it.....

Any suggestion is appreciated.

my interview is 10 days later at SJC.
Thanks
 
This is only my guess, but I think what happens will depend on your particular adjudicator. If they realize you were not technically "arrested", but only detained, they may not call you for interview.

Another adjudicator might transfer the case just to be sure.

I cannot speculate as to what will happen.

I doubt you need to take anything with you other than anything that might help prove that the case never went to court because there was no charge from the D.A.'s office.

It is sometimes possible to obtain a police report from your local police saying that there are no charges/cases pending against you. I know in San Jose you can request this through a website, but I do not remember the site anymore. Check with your local/county police.

[ I did not see your post till a few minutes ago; sorry! If anyone has urgent questions with an imminent interview please send a PM or YM me on Yahoo!]
 
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Sanjose Interview Schedule

All,

how long it normally takes to get an interview date after you get an email from USCIS,

are there any trackers for sanjose transfers,

Thanks
 
The wait varies. From min of 9 days to 5 months to get a letter. Once you get the letter, they typically give you an appointment anywhere from 1 week to 1.5 months.

there is a thread called San Jose local office tracker. However, there is only 2 recent postings that have gone an interview, and those are back in July. Hope this helps.
 
niladri30 said:
This is only my guess, but I think what happens will depend on your particular adjudicator. If they realize you were not technically "arrested", but only detained, they may not call you for interview.

Another adjudicator might transfer the case just to be sure.

I cannot speculate as to what will happen.

I doubt you need to take anything with you other than anything that might help prove that the case never went to court because there was no charge from the D.A.'s office.

It is sometimes possible to obtain a police report from your local police saying that there are no charges/cases pending against you. I know in San Jose you can request this through a website, but I do not remember the site anymore. Check with your local/county police.

[ I did not see your post till a few minutes ago; sorry! If anyone has urgent questions with an imminent interview please send a PM or YM me on Yahoo!]
Click to expand...

niladri,

Thanks for your advice! I have done lots of reseach.

Yes, we can get "Police clearance letter" from some city police department, but unfortunally, I hired one criminal attorney in that city, she spoke with police in that police station, the answer is, they don't issue anything like that.
so I only requested the police record letter. but the information in the letter, different attorney has different explaination.

The american criminal system is too complicate. in the specific county, they have county court, municipal court. major court...... each of them can take the case like that. I have ordered my criminal record from all the counties' county court that i have lived via one online angent. everything is clean, but I don't know whether I can show this to the INS officer or not, and also I don't really know whether it covered all the case or not.... but from their explaination as follows, sounds like it almost covered all the record in specific county....

" County Court Criminal Records Reports
This is one of the most important tools for uncovering criminal records available. Because law enforcement must report charges resulting from arrests on felonies, misdemeanors and other offenses, the county criminal search is conducted at the county level where a subject is most likely to have any information filed. We are one of few screening companies using actual researchers who hand-pick information from courthouses in every county in the United States. All county criminal searches go back a minimum of 7 years and include felonies and misdemeanors.
"

by the way how to distinguish between arrest and detain ?
if you don't mind, could you please tell me, when you got arrest, the police ask do the finger print, how many finger had you done? 10 or 1? did you take the photo? Sorry for ask this question...


Thanks
 
Questions are OK. I decided to share my experience in the first place.

1. Detain is when they stop you and ask you lots of questions, maybe over an extended period, maybe at a police station, but do not "book" you, i.e. fingerprint etc.
2. All 10 fingers, just like the machine at I-485 related FP :D
3. Oh, yes, photo too! ( I think I appeared bored...)
 
Hi all,

What constitutes as an arrest? If they dont take prints of all Fingures, is it still an arrest. If they take only 1 or 5 fingures and no photo, then what is it?

Can they still send only 1 or 5 fingures to FBI ??
 
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