Interview Experience San Jose

arrested once, case dismissed and later sealed, called for I-485 interview

Hi everyone,

I have a question about my case for employment based green card. I was arrested once. The case was dismissed and later sealed. Now INS wants me to present certified court final disposition on the case. Well, becasue the case is sealed, there is no way I can get this from the court! I do have the documents used for sealing the case. Now I was called for an interview.

What documents can I use to meet the requirement for the certified court final disposition show the case results?

Thank you very much!
 
what is "record clearance"?

I have a question with regard to record clearance. What is it? is it the same as sealing a case or expunging a case?

I was arrested once. The case was later dismissed and sealed. INS wants me to show a court certified final disposition showing case results, what can I use for that? I cannot get anything from the court because the case is sealed.
 
hi

Yes you are right you can't get court disposition from court since you only requested to seal the case. Do you have arrest record certified copy? You can get from police station. You might have received some sealing approval letter from your state.

Take both.

I request you to update me about your case. I am in same situation. I wish you best for your interview.

Are you taking attorney with you to interview? Your arrest was prior to me 485 filed or later on. If later on did you inform to INS or they figured out based on finger print report.

Why did not you request for expunging the record instead of sealing only?
 
why take arrest record with you?

I can try. But I thought once you seal the case all related records are sealed, including the arrest record at the police station.

Besides, how would the arrest record help you? Showing that you were actually arrested? The purpose is to show that you got out clean right?

I did not know that there is a difference betweeb sealing a case and expunging a case. I thought they are the same. What's difference anyway?

Yes, I informed the INS. They are going to find out anyway.
 
thanks

Expunge will remove the arrest record and it wont appear when some agency checks in the system.

Seal: Your record appear. but is is sealed so no body can read that except few agencies.


How you informed to INS about your case?

Pl upadte me once your interview over. I wish you good luck.
 
Got approval letter 2 days after inteview

Thanks God. We received the approval letter this afternoon. We had the i/v Monday afternoon. The officer was really nice and didn't get us a hard time at all. Because i have a arrest record (traffic speeding), he didn't stamp our PPs on the spot. But the letter was actually signed and sent out on 3/21!!

I hope the following information can be useful to the folks still waiting:

1. my 495 R.D is Oct/03. I got transferred to SFO on 3/18/04 and received i/v letter last month.
2. never lie to INS. As long as there's a FBI hit, you'll be scheduled for i/v. If it's traffic related, u don't have to report it but i think it's better to submit court copy when you file 485, this is just to assure INS its traffic violation nature instead of have them wondering what kind of felony this guy may have committed? :)
3. if u don't hv a super complicated case, i don't see a value to have ur lawyer there. I'm happy i didn't spend $500 on it.

I've scheduled an InfoPass appointment to go stamp our PPs.

Good luck everyone.
 
Hi Niladri or others,

I have a misfurtune situaton here. can anybody please guide me in right direction?

My FP was in Oct-2004. FBI send FP and Namecheck clearance in Oct-2004 but stupid immigration tied that info to wrong A#. So immigration sent another namecheck last month.

In the meantime I got into a misdeam, class-B (theft) criminal charge. I went to a store picked up some stuff but forgot to pay for one item and it was over $50 as it was a perfume(what the hell I was thinking???). Criminal attorney says either I take DefferedJuridictoin or go to trial. But trial has 50% chance of loosing the store has tape it shows I'm walking out of the store.

So which one I should take to be safe in immigration.
Deffered Juridiction or trial?
In deffered, they probably will fine and give some community service. But then what I need to do for "record clearance"?

Can anybody please help me?I have a court date next week.
Thanks in advance
 
you need an immigration attorney to advise you

dont treat this lightly and make sure that whatever you accept as a guilty plea does not make you inadmissable under INA. crime of moral turpitude whree sentence greater than one year even if you did not get it disqualifies you. it does not matter that you did not get the sentence,only that the maximum possible exceeds one year

in my opinion its worth every peeny for an immigration lawyer to meet your regular lawyer and tell him what sentence is acceptable or even attend the court and make a plea bargain

the DA prbably is not interested in deporitn you only giving you some sentence so in conference tell DA that deportable charge will get you deported so take whatever else as long as you dont render yourself inadmissable. i think its 212(g) of immigration and nationality act that will cause you issues.

i am not a lawyer,i suggest you get one to protect yourself from future deportation or inadmissability issues.

you have to prove that soemhow it was nt intentional and there are no priors and it was just an honest mistake or soemthing. i would even take this to trail if i had to.

one thing is for 100% sure. this will cost you atleast 100 times the cost of the perfume to get out of this one. sorry to be the one to provide you the bad news
 
As per my crim att. here are the max punishment for Misdeam-B, if I take deferedjuridiction

1. Confinement not to exceed 180days and
2. a fine npt to exceed $2000
3. Community service from 24-100hrs

So will that be ok from immigration side now and in future?

BTW: Oh yes, it will cost me way more than the perfume. But what can I say now? Eat some prescribed steriod day before for a bulging disc problem in neck. Didn't sleep for almost a week out of pain. Went to store due to our anniversary. Bought some stuff for kid, paid, then somehow forgot to pay for the perfume. Well, got a nice present to wife on anniversary(jail instead of perfume). My doctor gave paper saying this steriod can make mood swing but I don't think judge will buy that. Anyway, mistake is done my me and I will have to pay the price. I know that. Just trying to find a way to fix it.
 
Based on many posts made on this forum i dont think u will have a serious problem, but the best thing to do is to consult 2 lawyers.
Just out of curiosity , what store was that?
I believe it probably is not a desi store... i was in a similar situation once, where i walked out without paying , got into my car to drive off, remembered that i had to pay, stopped the car , went back to the store and paid... the cashier was like " No problem, ppl forget" rather than " I can get u arrested".
Bottom line, we need to be more careful, especially when you have kids, since kids(especially 2yr olds) have the tendency to pick things and throw em in the basket/ shopping cart/bag, the law holds the parents liable for kid's actions.
 
Recently I went to CIS office to inquire about my case. My case was transfered from Vermont to San Jose on December 17, 2004. I came to know, they didn't receive my file yet. How long it takes to transfer the file from East to West? Is this delay is reasonable for my case. Any input is greatly appreciated. Thank you.
 
just be safer than sorry

i dont mean to scare you,but if your attorney does not understnad immigration laws then she may agree to some violation code that bars you from adjustment of status. once you agree to a plea you are screwd

this may be difficult to overcome in the interview and there will be an interview for sure 100% if there is a record of any sort.

what i would do is take your court papers to a immigration attroney and ask if you get the maximum as mentioned in your email does that render your inadmissable and get a written opinion so you are safe. i would also strongly recommend court record and other documents to be kept by you

i think you can also do a record clearance after 1 year of court date also but the arrest always remains in Law enforcemnt computers.

no one here cna tell you exactly, it depends on the violtaion code sections they charge you with and there may be state laws depending on the state teh incident occured.

its better to prevent rather than cure the cancer,so invest the time and money now or take the risk that they will cause an issue in interview time or you could take the perfume and gift it to the interviewing officer :)

its up to you :)
 
OK, guys, it's my turn to share my experience. Hopefully it'd help.

Our 485s were filed last July and was transferred to LA DO 4/29/05. 140 was filed last March and was approved on 4/1/05. Last month we got the interview letter and we had a interview yesterday.

LA office was empty by 11:00am and we waited for 3min before being called in. I have to give this guy props since he worked really fast and efficiently. Everything for me and my wife was done in 30min. (Meanwhile he was listening to radio broadcating news on London bombing.)

He did not want me to talk much on every question since he did not have time to listen. He did not ask for lots of materials until seeing them in my folder. "What's that?" he would ask, "give it to me" he would demand.

The reason that I was called for an interview was that I was arrested once for domestic violance (but with no conviction). Again, he did not have time to listen to my story but simply asked for a court disposal which we did not have. What we had was a doc from a District Attorney Office. So we went to the Superior court two blocks away to get one and turned in it to the officer who seemed satisfied.

We did not get passport stamped due to the notorious pending name-check.

Hope this helps.
 
Please help, Domestic Violence & 485 Interview scheduled for Sept 2nd Week in DETROI

Hello All,

I have seen the postings and replies and absorbed lot of information but just wanted to get some ideas on my specific case. Thank you all for sharing your thoughts and experiences.

Please advise as to what could be the consequences. Here are my case details.

0. I filed for my 485 in July 2003 and my case is transferred to Detroit Local office since I have Domestic Violence case on my record.

1. I was arrested in Domestic Violence (girl friend issue) case in 1998, plead no contest and was given 6 Mos. probation and $500 in fines.

2. During the probation we got back again and got into argument and again I was charged with DV, I was called into the court (not exactly arrested).
went for Jury trial and was found guilty.

3. Got 2 Yrs. probation $ 800 in fines and 8 days Community Service.

4. Finished everything and was discharged from probation by 2001.

5. In both the above incidents were Misdemenors, no deadly attack with objects or no bleading or bumps were found. Just some bruises due to holding hands and pushing.

6. No problems after 2001, got married to a different person.

7. Explained the same to INS in a letter and attached it to my 485 application, basically asked them to pardon me for my mistake.

8. I have a lawyer and he is not sure what is going to happen, he advised me to postpone it so that I can buy some time and he be prepared.

Please kindly advise as to what will be the consequences in an interview etc..

If you do not want to respond here on the board please send me an email.

Thank you very much in advance.
 
I had a DUI

Anger_Mgmt said:
Hello All,

I have seen the postings and replies and absorbed lot of information but just wanted to get some ideas on my specific case. Thank you all for sharing your thoughts and experiences.

Please advise as to what could be the consequences. Here are my case details.

0. I filed for my 485 in July 2003 and my case is transferred to Detroit Local office since I have Domestic Violence case on my record.

1. I was arrested in Domestic Violence (girl friend issue) case in 1998, plead no contest and was given 6 Mos. probation and $500 in fines.

2. During the probation we got back again and got into argument and again I was charged with DV, I was called into the court (not exactly arrested).
went for Jury trial and was found guilty.

3. Got 2 Yrs. probation $ 800 in fines and 8 days Community Service.

4. Finished everything and was discharged from probation by 2001.

5. In both the above incidents were Misdemenors, no deadly attack with objects or no bleading or bumps were found. Just some bruises due to holding hands and pushing.

6. No problems after 2001, got married to a different person.

7. Explained the same to INS in a letter and attached it to my 485 application, basically asked them to pardon me for my mistake.

8. I have a lawyer and he is not sure what is going to happen, he advised me to postpone it so that I can buy some time and he be prepared.

Please kindly advise as to what will be the consequences in an interview etc..


If you do not want to respond here on the board please send me an email.

Thank you very much in advance.
Click to expand...

I had a DUI however I disclosed all the information to INS...I think if you have already let them know then should be oki...as long as you mentioned it in your application..
In my interview, the officer didn't even talk about it...

Good Luck

Please remember that I am not an attorney thus take no resposability for my opinion on your case...
 
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?
 
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Anger_Mgmt said:
Hello All,

I have seen the postings and replies and absorbed lot of information but just wanted to get some ideas on my specific case. Thank you all for sharing your thoughts and experiences.

Please advise as to what could be the consequences. Here are my case details.

0. I filed for my 485 in July 2003 and my case is transferred to Detroit Local office since I have Domestic Violence case on my record.

1. I was arrested in Domestic Violence (girl friend issue) case in 1998, plead no contest and was given 6 Mos. probation and $500 in fines.

2. During the probation we got back again and got into argument and again I was charged with DV, I was called into the court (not exactly arrested).
went for Jury trial and was found guilty.

3. Got 2 Yrs. probation $ 800 in fines and 8 days Community Service.

4. Finished everything and was discharged from probation by 2001.

5. In both the above incidents were Misdemenors, no deadly attack with objects or no bleading or bumps were found. Just some bruises due to holding hands and pushing.

6. No problems after 2001, got married to a different person.

7. Explained the same to INS in a letter and attached it to my 485 application, basically asked them to pardon me for my mistake.

8. I have a lawyer and he is not sure what is going to happen, he advised me to postpone it so that I can buy some time and he be prepared.

Please kindly advise as to what will be the consequences in an interview etc..

If you do not want to respond here on the board please send me an email.

Thank you very much in advance.
Click to expand...

In my opinion you are doomed. This is a difficult case even with the first offense.

Please post your experience for the benifit of all.
 
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Any Help?

Hi,
Five years back, I was given a Ticket for 'Open Alcoholic container' in front of NYC Penn Station. I attended the Court, and Judge asked me to attend a Conciling held in the court, and adjourned the case in contemplation of Dismissal. The Case was dismissed after 6 months.
In my 485 I have mentioned this. I also have produced copies od Summons, Council Contract and Court Disposition Order.
Will I be called for Interview? If called any Problem and Do I have to take an Attorney with me? As I researched, this is a Civil code voilation.
Awaiting a reply
 
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