Interview Experience San Jose

yeah I too have a similar case

an infracton as its called - you usually dont go to jail for an infraction

hence jail time = 0
maximum possible jail time = 0


I'm not a lawer , please dont take my word for it but sought help from an appropriate immigration attorney
 
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Please let us know what happens since both of us probably are not the only ones in this kind of a situation

If your lucky , you may not even be called for an interview.

If you do get called you may want to take an attorney with you
 
Can anyone answer my Q below?

dcmetro22042 said:
Guys:

I was arrested thought not convicted about 8 years back for petty larceny but the case was 'null processed' in court. When I went to my home country earlier this last year, I truthfully stated the fact and wrote 'yes' in arrested column. Had a background check and got visa in 6 weeks. Visa said "Crime does not constitute CIMT".
When the time comes for my 485 filing, I am sure to be called for an interview.

Since this thread pertains to similar issues, what do u think should be my chance for getting the GC. Nothing ever since...gives me creeps to think of the interview. Currently even avoiding going back to home country to get visa renewed since its takes a lot of time and also u never know what decision the officer might take...although I have had a background check and visa graned in the near past..

What do u guys say. Shall I have a problem getting the GC when the time comes?
Click to expand...
 
Anger_Mgmt,

Was/were probation(s) formal or court/informal?
Informal or court probation will NOT put you in removal proceedings.
 
wet reckless on record

Hi Nildari,

many thanks for your helpful postings. I am new to this forum. My I140/I485 were filed concurrently with RD Jan, 07,2005. I140 approval May/2005, FP done in March and results were received by the cal. BCIS end of March, 2005.
According to BCIS the decision on my case is pending the name check
results from FBI.
Unforunately 3 months after the FP I got arrested by the CHP for DUI offense (first offense, BAC=0.07%), they took me to the local police station, took my fingerprints(all filners) and also my picture & placed me in the sobriety cell for a couple hours before they releaed me. I hired a criminal lawyer who negotiated at court a pleabargain "Wet reckless" instead of DUI. Wet reckless is still a misdemeanor.
As this happened after my I485 application, I am not sure whether I or my immigration attorney should notify BCIS fabout my arrest. I believe they will find out about this anyway as my name chack is currently pending at FBI.
I was wondering if you or anybody else in this forum knows how this will affect the adjudication of my I-485.

-thx
 
local office follow up

Hi everybody

My 485 case is in SAn jose office. Is there any way to follow up the latest status of my case. We can check case status on USCIS web site but I think it only gives current information if the case is in california service center.
Right now USCIS site says my case was tranferred that's it.

How about if case is in local office. We just sit and wait for mailman?

thank you.
 
far63,

You will be interviewed. Standard procedure. No problems anticipated.
Unless there is a 2nd FP, you might even not get interviewed!
 
shoplifting charges

Guys,
I was charged for shoplifting in NJ, last week. this was a first time offense and the amount was $20. I was fingerprinted and photgraphed. I am on GC, and ready to apply for citizenship.
I had plans to go to india.

I am planning to postpone the plans now.
Please help me with the following questions:
1. If I have to travel due to an emergency, then will i have issues at POE.
I have court date in Aug and the criminal lawyer I hired wants to set up a pretrial something. What kind of documents should I carry, if I need to travel?

2. How will this impact my citizenship? if I can get away with petty offense exception, or case dismissed or expunged, will it still be an issue for citizenship?

3. Will there be deportation consequences?

Please help me!
 
Domestic violence Conviction 4 times , cases dissmissed all 4 times

1. First , I was accused of domestic violence charges , I think it was MCL 750.812 ( I am not sure about this one ) in November 1999 with my female friend . This case was dismissed after completing a counseling session with the counselor in April 2000.
2. Again, I was charged with Home Invasion at my female friend’s house in March 2001, although I was living there at her house. The cops arrested me for home invasion, when the case went to the court; it was decreased to the amount of illegal entry (MCL 750.115) and Assault and battery (MCL 750.81). Both charges were dismissed after one year of non-reporting probation in April 2003.
3. I got married in 2003 , she found out about my past, we had an argument, I was again charged with Domestic violence in October 2003. She called the cops on me, the cops came and I explained them that there is no violence involved and the cops left. After a month or so, I received a letter stating that I have an arrest warrant for domestic violence. I hired an attorney and the case was dismissed due to nolo prosequie .
4. My wife and I, again had a fight/argument over some issues, cops came and arrested me again for domestic violence (MCL 750.812). The prosecutor was extremely rigid, and told me, because of my history to attend 27 classes of domestic violence counseling. My attorney at time suggested me that this is the best for me, and I thought this is the best for me. I attended/ completed 27 classes of domestic violence counseling, and the case was dismissed due to nolo prosequie.
Now my case has been transfered to detroit office from nebraska . It has been more than a month now . I have already paid my attorney a good amount of money to help me . But as usual , my attorney is not sure if I will get my app approved .
I have been doing a lot search and reasearch , but I am still unable to find the exact meaning of conviction in relation to case dismissal .
Any help from any one would be great .
 
arrested with a pending 1485

Hi, I am new here and I found it really helpful to read the posts here.

I was arrested and charged with simple assault/domestic violence, exactly one year after I have filed my I-485. Basically my wife and I were arguing in public and somebody very far away called police and I was get arrested. The witness said I was trying to grab my wife by her neck, but for God sake I was only trying to hug her and I had never ever thought about beating my wife. At the scene my wife tried to plead to the police to let me go. Nevertheless the police officer said that since there is a witness they had no choice except putting me into jail. I was released the second day, no non-contact order being issued. And yesterday finally I have settled this with my prosecutor on the court. My case will be automatic dropped after 12 months, providing I will have no criminal offense and domestic issues. I was trying to go to the trail to prove my innocence. But my lawyer said it would be the best to chose the safer option, i.e., negotiating with the prosecutor. In that way there would be absolutely no prosecution conviction. He also managed to remove the domestic violence from the charge. So now it is only a simple assault charge with no prosecution.

Now I am really concerned about my pending 1-485. Also I am considering to use my EAD to work for a company, since H1-B visa numbers have run out. I am worried whether that my EAD application will be turned down due to a pending criminal charge, and so does my I-485. Any comments suggestions are highly appreciated! Thanks!
 
xionggang said:
Hi, I am new here and I found it really helpful to read the posts here.

I was arrested and charged with simple assault/domestic violence, exactly one year after I have filed my I-485. Basically my wife and I were arguing in public and somebody very far away called police and I was get arrested. The witness said ..........., and so does my I-485. Any comments suggestions are highly appreciated! Thanks!
Click to expand...


Do they really change from Domestic violence to simple asault like this? I was arrested on Domestive Violence Chrages and no case was filed. I have a letter that says detention only not an arrest. Shall I write no to arrest question on form DS-156?

Can someone can really share their 2 cents?
 
Any help ??

niladri30 said:
far63,

You will be interviewed. Standard procedure. No problems anticipated.
Unless there is a 2nd FP, you might even not get interviewed!
Click to expand...

My friend is in a a similar situation. He was arrested 2 times in 2 yrs first time when the waitress complained to cops as he was sitting in a restaurant for too long and 8 months later on domestic violence charges. he slapped his wife and she called 911 . He spent 3 days in jail as he was arrested on a saturday and court was on monday. Later he was released in pre trial when he accepted no contest charge and was told to take 28 weeks of anger management classes. after 28 classes he case was dismissed .He also had TPO for that period.After that he reconciled and is back with his wife.
now his first stage of green card if approved and he is filing 2nd and 3rd stages. will this have any effect on his green card. Also his wife will be travelling to India using AP . Will she have any problems.Any inputs.Thanks in advance
 
Interview on 14th december

Thanks for replying to my previous posts , I finally recived the interview call for me and my wife on 14th december at the detroit office . One thing I am still confused about is , when you are convicted of any crime , does the judge says case dismissed ( apart from immigration definition of conviction ) . if the disposition says case dismissed then logically it should be dismissed or does it still says case dismissed even if you are convicted of that crime .
Please reply at the earliest , i m just too nervous , one more thing , do you think talking to Norton Tooby will help .
 
I guess since I am here after all, let me take some of the recent questions:

xionggang:

I am worried whether that my EAD application will be turned down due to a pending criminal charge

- No.


and so does my I-485.

- No. You will be interviewed and you can tell them you were not convicted. Equals you are innocent.


kab_ayega_gc:

You may so NO to the question. If you were fingerprinted, there is an outside chance you will be called for an interview. And the officer might want to know why you "lied". Show him the letter. I assume the letter is from a government authority such as the police, and not from your lawyer ;)

Chocolate:

List of sentences alone does not help. Need to know if you were convicted and of what.

ra6:

You seemed to have escaped "conviction" every time. You should be OK... I hope ;)
 
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Thanks to Niladri and all others

Thanks Niladri
It seems like you are getting a lot of private messages .
Well , I am still waiting for my interview , My attorney might adjourn my interview to a future date . ( Man , with this much of headaches , i really dont want to live in this UrASS A , I have spent more than 50 k on attornies since I came to this country ) . any way , One more thing i would like to ask this forum is , does deffered sentences also count as conviction , in the state of conneticut , deffered sentences are not counted as conviction . deffered sentences per succesfull completetion of probation . Please reply .
 
1. There is a diff between sentence and conviction. What was the convitction?
2. Probation was formal or imforma/court?
 
The letter is not from the lawyer. It is issued by police department that took me in custody.

Last week I got FBI results back and it shows arrest record. They have one line that says "PROS REL - DET INSUF EVID" I guess it means insufficient evidence. Not sure what PROS REL means.

I have already sent papers for stamping to the consulate and marked a NO to arrest question. I am worried whats going to happen.



niladri30 said:
I guess since I am here after all, let me take some of the recent questions:

kab_ayega_gc:
You may so NO to the question. If you were fingerprinted, there is an outside chance you will be called for an interview. And the officer might want to know why you "lied". Show him the letter. I assume the letter is from a government authority such as the police, and not from your lawyer ;)
Click to expand...
 
Details

niladri30 said:
I guess since I am here after all, let me take some of the recent questions:

xionggang:

I am worried whether that my EAD application will be turned down due to a pending criminal charge

- No.


and so does my I-485.

- No. You will be interviewed and you can tell them you were not convicted. Equals you are innocent.


kab_ayega_gc:

You may so NO to the question. If you were fingerprinted, there is an outside chance you will be called for an interview. And the officer might want to know why you "lied". Show him the letter. I assume the letter is from a government authority such as the police, and not from your lawyer ;)

Chocolate:

List of sentences alone does not help. Need to know if you were convicted and of what.

ra6:

You seemed to have escaped "conviction" every time. You should be OK... I hope ;)
Click to expand...

I do not know what does it mean by saying convicted. But he was detained in jail till he got the court date in first instance and on DV charges he was arrested on saturday and was in jail till monday when he was taken to court. after that he did not have any jail time . first time he was told to take counselling sessions. second time 28 weeks of anger management classes and had TPO for 6 months.Later both the cases were dismissed.The thing he is worried about is his wife needs to go out of country to visit family and she will go on ead/ap will she have any problems coming back. DV case was in a small court.Will he get a 485 interview?Any help.
 
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