Interview Experience San Jose

Final word on conviction

After spending thousand of dollar and thousands of hours of my own reserch , I am going to explain this to all the readers and people who are suffering form confusion of state laws and federal laws . If you are accused of any crime ( meaning you were arrested of any crime ) and later the police sent your case to the prosecutor office and the prosecutor decides to take your case to the court to prosecute you ( meaning make a case number and arrain you , meaning make you go infront of the judge ) and after arrainment you admits in front of the Judge that you did commite that crime and your stupid dumb attorney ask you to plead no contest or go for a plea bargain , IT MEAN YOU ARE CONVICTED OF THAT CRIME per the language of the INA and 8 CFR .
Further , after pleading guilty of that crime and the judge send you for any type of punishment whether probation , community service or simple 2 days in jail , thats a SENTENCE .
Again , after completing your sentence , the judge says , he will dismiss your case YOU ARE STILL CONVICTED OF THAT CRIME .
Now the question comes , what kind of crime , the crime of moral terpitude will difinitly make you inadmissable and deportable . a simpel crime of assualt and battery without the word mentioned as domestic violence is not an inadmissiable nor it is deportable .
found guilty of having a controlled substance with not more than 30 grams is also not a deportable offense or inadmissible offense
There are 2 major things in inadmissiablity and deportablity , the CIMT and crime of violence . both are inadmissiabel and deportable .
so if any crime , that involve the moral behavior affecting the society , is a CIMT
And any crime of violence which involves the physcial force is a crime of violence where the sentencing can be more than 1 year .
If anyone here needs any further information , you can send me the email or the details of your prob , i would love to help as much as i can .
I am not an attorney or any legal person , just learned from spending tons of money on attornies . Please do not consideer anythign above as a legal consulation or a legal document in any way .
 
Just a quick clarification: a plea bargain may include admitting guilt to a lesser crime from the original one charged with. While the original charge may have been a deportable/inadmissible offense under certain sentencing parameters, the new charge (pled guilty to) may not.

Example:

Original charge: CIMT such assault and battery of spouse. Deportable / inadmissible if sentenced more then 180 days AND max possibe sentence more than 365 days.

Charge with Plea bargain: Plead guilty to disturbing the peace.

The plea-bargain CAN be good strategy, depending on how bleak your chance of acquittal are, if you seek trial with the original charge.
 
Chocolate

I need more than what his sentence (counsellng / anger management) etc was. I need to know exactly what hs was convicted of. It may not be the original charge.
 
additional details

niladri30 said:
Chocolate

I need more than what his sentence (counsellng / anger management) etc was. I need to know exactly what hs was convicted of. It may not be the original charge.
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he was convicted of DV.Section #: 2919.25A
Degree: 1st Degree Misdemeanor is it a deportable offence and also will his wife have problems entering on travel parole.any inputs.
 
Guys - What’s the criteria for the USCIS to call for an interview?

Will I be called, if I answered indicated that I have been arrested before on my I485 application, but included an explanation as well as court disposition papers? Do the diff service centers (mine is filed at TSC) have diff policies about transferring cases to a local USCIS office? Please advise.

My "criminal record" is as follows

1) was arrested for summary (this offense is one step lower that a misdemeanor) retail theft, was booked, given a ticket and then released – the maximum penalty for summary retail theft in PA is a fine.
2) Went to court, and was convicted of summary disorderly conduct – paid a $300 fine and that’s the end of it.

The above shouldn’t be a problem in terms of getting a GC, but will I be called in for an interview even though I provided all the necessary dispositions as they related to my case?

Need some advise guys! please.
 
Chocolate

This misdem. is deportable/inadmissable IFF the sentence handed down was greater than or equal to 180 days in county jail (or equivalent, such as formal probation for the same period) AND if the maximum possible sentence is greater than or equal to 1 year in county jail. Please research / ask a lawyer who practices in the relevant state, with the Section #.

The wife is unlikely to have any problems reentering on AP at this time.
 
fukGC

USCIS is required by law to interview cases with arrest records. Acquittal without conviction or providing details of the conviction does not matter. The letter of the law is "arrest record" = "interview".

Nothing to advise. You will be called for interview. Straightforward case; no problems. Unless one is worried that one will have to produce at the interview an original document, perhaps unrelated, that one has hithertofore submitted as photocopy, with, ah, "liberties".
 
niladri30 - thanks.

so even with new USCIS's policies, i will be subject to an interview? see attached for new USCIS interview guidelines.
 
Additional info

niladri30 said:
Chocolate

This misdem. is deportable/inadmissable IFF the sentence handed down was greater than or equal to 180 days in county jail (or equivalent, such as formal probation for the same period) AND if the maximum possible sentence is greater than or equal to 1 year in county jail. Please research / ask a lawyer who practices in the relevant state, with the Section #.

The wife is unlikely to have any problems reentering on AP at this time.
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He didnt spend any time in jail. the only time he was in jail was when he was arrested it was a saturday and the only next court date available was a monday so it was saturday and sunday in jail and then after court he was released. Due to the stressful situation his wife did ask for TPO which was modified for visiting rights after 2 months. he had TPO for 6 months.After that he has reconciled and lives with his wife.Any inputs.
 
Time in jail prior to arraignment is not a sentence. A temporary restraining order later vacated is not a problem either.

Seems pretty cool to me. I take it there was no formal probation.

So,
The crime convicted of is a CIMT. Strike One.
Max sentence possible greater than 1 year. Probable Strike Two. (I don't know sentencing guidelines for the section of conviction you stated. Assumed strike).
Sentence less than 6 months. No Strike.

Need three strikes to be out. There are only two. So no worries.

Attorney advisable at interview so that law is clearly spelled out to USCIS in case the interviewee gets an uninformed officer.
 
additional info

niladri30 said:
Time in jail prior to arraignment is not a sentence. A temporary restraining order later vacated is not a problem either.

Seems pretty cool to me. I take it there was no formal probation.

So,
The crime convicted of is a CIMT. Strike One.
Max sentence possible greater than 1 year. Probable Strike Two. (I don't know sentencing guidelines for the section of conviction you stated. Assumed strike).
Sentence less than 6 months. No Strike.

Need three strikes to be out. There are only two. So no worries.

Attorney advisable at interview so that law is clearly spelled out to USCIS in case the interviewee gets an uninformed officer.
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Thanks for the input.It is a lot relieving.What is the probability of getting interview?the case was in municipal court.Any inputs.once again thanks for the input.
 
And one is called for an interview only once their PD becomes current or does the interview happen before the PD and you just wait for the visas become available to get the GC. (assuming that interview went well).
I ask since I was once in 1997 charged with shoplifting myself but the case was 'null-processsed' in court. I am in 485 stage at this point...case was transferred to my local office in November. What kind of Qs might be asked? Oh yes, in my case I got an H1B visa after the event when I declared that I was arrested and my H1B visa mentions that 'crime did not constitue CIMT'.

Thanks and I shall await your responses.
 
Dates are current

dcmetro22042 said:
And one is called for an interview only once their PD becomes current or does the interview happen before the PD and you just wait for the visas become available to get the GC. (assuming that interview went well).
I ask since I was once in 1997 charged with shoplifting myself but the case was 'null-processsed' in court. I am in 485 stage at this point...case was transferred to my local office in November. What kind of Qs might be asked? Oh yes, in my case I got an H1B visa after the event when I declared that I was arrested and my H1B visa mentions that 'crime did not constitue CIMT'.

Thanks and I shall await your responses.
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Actually dates are current for me. I am from ROW category,so pretty much all the time it is current. Hence i was able to file 140/485 after clearing my 1st stage GC.Also 7 days after my arrest my H1B visa extension was approved.
Now i am ready to file one more H1B extension will i face any problem .Niladri any inputs.
 
Chocolate

Not sure if they will want you to adduce any evidence... (Dude! I only got arrested ONE way.. ha, ha), but even if they do, you should be OK after you respond to the RFE with your documentation.

If, indeed, documentation is requested, I would suggest a letter from the attorney citing chapter and verse as to why you are not inadmissible. Most guys convicted have "disturbing the peace" or some such mild conviction. Since yours is industrial-strength CIMT (hope you kicked your criminal-defense attorney good), one needs to be extra careful.
 
dcmetro22042 said:
And one is called for an interview only once their PD becomes current or does the interview happen before the PD and you just wait for the visas become available to get the GC. (assuming that interview went well).
I ask since I was once in 1997 charged with shoplifting myself but the case was 'null-processsed' in court. I am in 485 stage at this point...case was transferred to my local office in November. What kind of Qs might be asked? Oh yes, in my case I got an H1B visa after the event when I declared that I was arrested and my H1B visa mentions that 'crime did not constitue CIMT'.

Thanks and I shall await your responses.
Click to expand...

Niladri:Any thoughts for me?
 
Niladri Any comments

My 485 is pending, stuck in name check

Was arrested and charged with "simple assault/domestic violence", plea NOT guilty, later the case was nolle prosequi and court records were expunged

Niladri: do u thing I am in trouble or should i start packing my bags?

Thanks
sunjr
 
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