Need Urgent Advise...please help

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desiguy_jsr

Registered Users (C)
Hi Guys,
I need some very urgent advise. Please respond. I am very distressed and need some opinion.

I was arrested once long time back for domestic violence. I was not convicted and case was not indicted and was dismissed. For some reason I thought only convictions are suppose to be mentioned on I-485 form. I did not mention this incident. My RD is OCT2002. Now my case was recently transferred from VSC to San Jose.

I travelled to India recently on AP (second time). First time there was no question asked. But second time they asked me a lot of questions about my arrest. My lawyer also somehow came to know about my arrest without even me telling him about it.

I asked him about the same situation and he mentioned that in my interview for 485 adjudication they are going to deny my application and put me under arrest for deportation. I am not getting any clear answers from him. He mentioned that we have to file another form for mistakes on my first 485 and file for corrections stating the neglence. he said that it may be too late now and stuff like that. I was NOT even convicted or anything.

He mentioned that grounds of denial is going to be basically false information on 485 form! It was an honest mistake as most forms ask you for convictions and not arrests! I did not even know about this until now.

What are my options. Has anyone ever been thru the same? I am so afraid to go to interview because I am not sure how my lawyer already knows that they might arrest me for deportation? What should I do? Please please help and suggest what to do!

Thanks,
 
Relax, nothing would happen, if u be honest and tell all truth.

Even DUI ppl got approval, u even have no conviction. tell them truth, they won't approve u immidiately but would take few weeks. be hopeful and confident.

Many 485 forms have little glitches/mistakes.....
Share complete story what kind of quesitons they asked and what exactly u told them,

don't change statemenst once u aldready did. first decide what u are going to tell them if asked. don't speak /give a lot of info, stick with ur story, tell only thing u asked, don't try to explain what u are not asked. the more u speak more they would ask. just be confident and trust on 'God' (Whatever u belive).


Good Luck
 
desiguy_jsr and PoJ

PoJ:

I beg to differ on your interpretation as yours is too euphemistic given the nature of desiguy_jsr's case. It cannot be so lightly equated to a case of DUI; rather, though this is a case of negligence from desiguy_jsr's point of view, it is "penalty of perjury" from the INS point of view. And in cases such as these, the burden of proof is on the applicant and not on the adjudicating authority.

desiguy_jsr:

I again beg to differ on your interpretation of the interrogatories. AFAIK, almost any interrogatory asks about ".....WERE YOU EVER ARRESTED....." and not just about "....WERE YOU EVER INDICTED OR CONVICTED...." because indiction and conviction are legalese terms that not many people are aware of unless they have had a brush with the Criminal Justice System. Now, to make sure, I did peruse the I-485 interrogatory once again and to quote it, it is very clear that it had asked about the ARREST per se and not just conviction. Of course it goes beyond that in a simple question, but the crux of the question per se is about ARREST, not about CONVICTION. Here it is:

1.b.) Have you ever, in or outside the US been arrested, cited, charged, indicted, fined or imprisoned for breaking or violating any law or ordinance, excluding traffic violations?

If even part of the question begs an affirmative answer, which is what is in your case as you WERE arrested, cited, and charged, you must answer so in the affirmative and follow it up with an explanation. By not doing that, your case has most probably shown up with an arrest record that was wilfully suppressed (from INS's standpoint). Therefore, I would bet more on what your lawyer says, including that it is very difficult to file amendments at this point as you are not confessing, but pleading guilty of an oversight, which again from INS standpoint may tantamount to "suppression of facts." Please do note that you did sign the form under "penalty of perjury." Therefore, I think you only have a Hobson's choice to attend the interview with your attorney and when queried about the incident try to come out clean with regards to your assumption about arrests vis-a-vis indictment/conviction.

This is a complex case that needs more preparation from your side than any Pollyannaish euphemism, because, by preparing with the seriousness this case deserves, you may well be able to cross the bridge when it comes.

Yes, even a few who have had arrest records that were not reflected in the I-485 form have got theirs approved. However, the timing of their arrest was ex post facto, i.e., subsequent to their filing of I-485. Anytime when the arrest was prior to the filing of I-485 form, then it becomes complex. You can try to make a honest case of negligence, but then, you must have your fingers crossed. Even should it be denied, you can take up your case through the Immigration Judge, Bureau of Immigration Appeals, and finally before the Circuit Court of Appeals.

I know the answer is discouraging, but then, I had to give you a disinterested opinion, based on the facts. Please do consult with some very good attorneys. BTW, when is your interview?
 
I believe his attorney's comments were reaction because he hide from him, and according to his story 2nd time entering on AP were tough but they let him in. why?. if they had found him criminal he wouldn't have been allowed to enter.

No dought situation is tough but there are many loop holes/escape route, it seems to me that his attorney over reacted/ not very cooperative or trying to scare to get more $$.

All he need to get another Atty, who can help him during interview, about that mistake, I am very sure they are not dening just because he checked wrong box / made mistake, but they can deny if he hide during intervew. and lie/try to lie.

I have feeling his Atty is angry bcz he didn't let him know truth before or at the time, I can tell u his attorney even blame on him to giving mis-info, if he hire another Atty than have absoutly good chance to get out that trouble, all he need to tell truth during interview. rest of his new Atty take care of it. they know escape routes. trust me.

I already asked his complete story, see what he say, what was asked on 2nd entry and what did he tell them exactly - the story. becz whatever he said it is on record and will be used during interview to catch him if he lie or change statement.

The bottom line is he is not convicted, all was simple mistake in form done by Atty's Secretary :D , they would give him hard time, would try to trap him in his own story , they would try to make reason if he did mistake / they would long dealy to approve. I am sure they would.

Good Luck
 
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It's not about the offense, but the "perjury"

Port-of-Entry officers may or may not detain criminally convicted aliens. This friend is not a "convict." At the same time he is not a person without any arrest record. So, allowing him in at a port-of-entry is not a major achievement as it was a logical outcome of his situation.

However, it is not about the offense, but the "perjury" per se that is at stake. Again, even if the document must have been prepared by an Attorney or a Paralegal, the person who signs under "penalty of perjury" is the client -- not the attorney or the paralegal. There have been many cases where I have seen the attorney escaping under the plea of not being informed by his client about his prior credentials.

I will not bet any more than 50-50 on this case, even though I have voiced more optimism on many other difficult cases in this forum, including an arrest conviction for Domestic Violence. However, the case here is about whether INS sees this issue as a NEGLIGENCE or a PERJURY. If it is latter, then be prepared for the worst. If it is the former, consider that to be a lottery.
 
PrinceofJungle said:
The bottom line is he is not convicted, all was simple mistake in form done by Atty's Secretary :D , they would give him hard time, would try to trap him in his own story , they would try to make reason if he did mistake / they would long dealy to approve. I am sure they would.
Click to expand...

Sometimes a simple mistake can cause much damage - if adjucator convinced that he did not do it "innocently". The seriousness of crime is not an issue here. Many people got approved with domestic violence record, shoplifting or DUI convictions. The issue here is providing false infomation.

Very recent example is Martha Stewart (I keep giving this example again and again). She was never convicted for insider trading. She went to prison for providing false information. :eek:

Another good example is our president George Bush's DUI record. Once he was selected for jury in one of the Texas courts long after his DUI incident. In the jury form, he left "did you ever arrested" question blank. If he ticked "no", it would have been a serious crime and probably he would not be American president today.
 
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add this to pralay's...

....and the problem with Clinton was not that he smoked a "juicy" cigar :), but, denying it on oath, which constituted the penalty of perjury. The problem is not about the offense, but about suppressing an issue under oath, which is very serious in this country.
 
Hi desiguy_jsr and Poongunranar

My sistuation is exactly same like Desiguy_jsr probably, but do not have idea what to do? My case is pending in DALLAS INS one year. My attorney is not helping me at all. He is saying always to wait indefinitely. Mine is written in FP report a simple domestic violence with arrest but no conviction or discharge or felony or criminal.
 
srbose

By "exactly same" I infer that you also had this record prior to filing your I-485 and yet you chose to not divulge it in the form, knowingly or unknowingly. Am I right? Well, one silver-lining in your case is that your case has been pending in Dallas for more than a year. Usually, any kind of removal oriented signal comes in the form of Dallas swiftly asking you to provide certain court documents and then taking it from there. Again, you and desiguy_jsr do have a case that can be simple or complex depending on how USCIS wants to proceed. In any case, just be adequately prepared without succumbing to the fears and anxieties.
 
My Dear friend Poongunranar

I never know I was arrested before filing I-485 since I called the Cop to arrest me, cop took my fingerprint and immediately dropped me at home and instructed me to appear the municipal court next day . Next day I went to the court with my wife at AM, Judge heard my story and dismissed the case by issuing the sentence CASE IS DISMISSED.I asked the cop what that mean, Cop said, I will not have problem in future. I was not knowing at all, while filing I-485 that I was arrested, since Cop confirmed from my wife while taking me to police station that I called the cop to get arrested my self as I was upset.
 
srbose,

I don't mean to make fun of your predicament, but are you saying that you sought protective custody from the police? That's different from an "arrest" -- I am surprised you did not clarify that with the cop and let the word "arrest" be associated with your record. Hope it works out.


srbose said:
I never know I was arrested before filing I-485 since I called the Cop to arrest me, cop took my fingerprint and immediately dropped me at home and instructed me to appear the municipal court next day . Next day I went to the court with my wife at AM, Judge heard my story and dismissed the case by issuing the sentence CASE IS DISMISSED.I asked the cop what that mean, Cop said, I will not have problem in future. I was not knowing at all, while filing I-485 that I was arrested, since Cop confirmed from my wife while taking me to police station that I called the cop to get arrested my self as I was upset.
Click to expand...
 
Hi budboy

Sorry for replying late. In fact me and my wife had argument over big amount
of medical bill sent by insurance, during the course of argument, I pushed her down as we were sitting on floor carpet and she started crying, I was feeling guilty and I called the cop to get me arrested. That is the whole story.
 
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