Need Advice: 485 interview, travel and H1-B

Z

ziv711

Registered Users (C)
Hi everyone,

- My i485 interview is scheduled for July 6 (other details are in my signature).
- I am going to be traveling on my valid AP in June (return around mid June).
- I already traveled on AP in the past, so I know that shouldn't be a problem.
- I technically am still on the H-1B status, as I never transfered to an EAD with my employer (although I do have a valid EAD). The current H-1B is scheduled to expire September 1st.
- I have an old arrest record that was expunged (misdemeanor - pre trial diversion)

My concern is that due to this previous arrest something might go wrong in the interview (i.e. a denial). My plan is to file the H-1B extension as soon as I get back from my trip. This way I will regain my H-1B status, and if I get a denial I won't be out of status.

My lawyer is confident that there shouldn't be any problem, but when I mentioned the strategy above, he said it probably wouldn't provide me with any protection.

Any thoughts? Advice?

Thanks.
 
Regarding arrest, you should be fine if you tell them the truth and be honest in the interview and fill out the I 485 form section honestly where they ask "if you had any charges, arrests etc.

If you lie in the interview and your background check comes negative, you are subjected to denial. Your interview will be video and audio taped and you can't contest that in court.

Sometimes honesty pays!

Ask lawyers as they are the experts. I am not one but I have gone through the interview process and this is my two cents worth.
 
homer simpson said:
Regarding arrest, you should be fine if you tell them the truth and be honest in the interview and fill out the I 485 form section honestly where they ask "if you had any charges, arrests etc.

If you lie in the interview and your background check comes negative, you are subjected to denial. Your interview will be video and audio taped and you can't contest that in court.

Sometimes honesty pays!

Ask lawyers as they are the experts. I am not one but I have gone through the interview process and this is my two cents worth.
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Yes I really have no intention to lie. I marked off "Yes" to the question have you ever been arrested, and sent in the court disposition as a response to an RFE. My only fear is that I am going to get some unpleasant interviewer (I try to be politically correct so I'll refrain from using any worse terms).

I intend to tell the truth, but sometimes people get on the wrong side of bed in the morning and they might issue a denial. This is my biggest concern. What happens if I'm denied? What's my status? Does the strategy I described above make any sense?
 
ziv711 said:
I intend to tell the truth, but sometimes people get on the wrong side of bed in the morning and they might issue a denial.
Click to expand...

The advantage of doing AOS (vs. CP) is that there is very little that the interviewer can do in terms of discretion. If your arrest made your inadmissable, then you will be denied. If not, they cannot deny you merely because they are in a bad mood. To be honest, I suspect that this is an interview just to talk about the arrest and ensure that there isn't any more; most cases where the alien was arrested/charged will result in an interview.

I would focus on getting through the interview. Your best fallback is to get an H-1 stamp before you return from your travels. What documents did they ask you to bring to the interview?
 
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