Interview & misdemeanor conviction

[jasemghasem]

Hi everybody
I have married to a USC and I want to file I485. I have a misdemeanor (simple assault) which is not moral turpitude in my record. Should I mention it in the I485? Should I send arrest report to USCIS? Will they ask about the incident in my interview? Does it affect my GC processing? Many thanks in advance.

 

[dr_lha]

My advice would be to not volunteer any information about it unless specifically asked.

That said, I don't believe the misdemeanor would affect your I-485, unless we're talking domestic violence.

 

[kevinglenn]

Hi everybody
I have married to a USC and I want to file I485. I have a misdemeanor (simple assault) which is not moral turpitude in my record. Should I mention it in the I485? Should I send arrest report to USCIS? Will they ask about the incident in my interview? Does it affect my GC processing? Many thanks in advance.

U would have to check the box that asks if u've ever been arrested etc. and attach an explanation on a separate sheet. Explain in detail.

U'd have to get court-certified dispositions(original) and affidavits to take with u to the interview.

 

[dr_lha]

U would have to check the box that asks if u've ever been arrested etc. and attach an explanation on a separate sheet. Explain in detail.

U'd have to get court-certified dispositions(original) and affidavits to take with u to the interview.

You have a good point, I misread the original post thinking they had already filed I-485.

 

[jasemghasem]

Guys
Io got convicted to misdemeanor assault (PC 240). It was a domestic violence. I was just talking to an under age girl. The court just gave me two years informal (unsupervised) probation. Does it make problem. Please, please, please advice me… I am really worried. Please help me. I know I should talk to a lawyer, but right now I am in bad financial situation. Please help me,

 

[jnj]

is talking to an underage girl an assault???or did they call it domestic violence?I know this country hates drug and prostitute offenders and i would think these days that child crimes are even more problematic...

whatever it is,if you have ever been arrested you have to mention it...your fingerprints and file are already in the hands of the DOJ-you already are profiled...On top of that you were convicted!You cant exclude any conviction...And from what i hear you any conviction issues requires an attorney whether you are in bad finances or not...

 

[bb_5555]

ok this is an area that is very ambiguous and has not be clearly defined yet.

if anyone has a conviction of any kind on your record or might be convicted of something you seriously need to talk to a lawyer about it so you can get a clear answer as to how that will affect you. It may not affect you now but it could if you apply for citizenship later.

when it comes to people who already have their gc the law says "aggrivated felony" and basically that means a really bad felony and you could get deported. However they are technically suppose to use state law to define if what you did is a felony in your state. This is where it gets complicated and this is where the courts are still wrestling with this. Then when you apply for citizenship they use the phrase "crime of moral terpitude" I couldn't dare take a guess at what that means.

with that said to answer your question every immigration lawyer will tell you to come clean with any time you have been arrested. If what you have been convicted of is defined as a misdemeanor then you shouldn't have any problem but you still have to come clean because if they find out you did something and you didn't tell them then that looks really bad.