Online FP Status : Ident !!

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Pappu Pager

Registered Users (C)
Seems like some problem in my case.

I was fingerprinted a few years ago when a police report was filed against me. So, I think they have me in the system. But later I was acquitted in that case (after a court case).

Now what impact would this 'Ident' have on my 485 application?
 
pappu_pager

I hope you answered 'YES' in the GC questionaire when asked if you have ever been arrested or ........ if you did then you are fine otherwise it will be misspresentation on the GC form. If you answeres YES then you are fine. You will be called for an interview and you have to show INS officer all the court papers proving that your case was dismissed. Hope this helps.
 
Yes

If police ever finger prints and/or photographs you (even without detaining you), it is entered as an arrest. Hence, I answered yes to second question.

Also, in my 485 application, I enclosed a copy of police report and acquittal papers from court. Would I still get an interview call for this reason?
 
Pappu pager
After last SEPT a lot of people are getting interviews , so there is a hifgh probability you will get one too.
Don't worry even if you get an interview you will get GC because I saw few users of this site getting approval with DUI/DWI and other charges after interview.
The only caviat is if you are in SFO area then the interview wait is 6months-1year but SJO is pretty fast.
That's my 2 cents but you might not get an interview but if you do then take a good lawyer with you .
 
Question for you

Thanks for your reply. I have one more question.

Would it be ok if I travel out of US on Advance Parole? I am concerned about what would happen if I am out of US and :

1. I get RFE.
2. I get an interview call.
2. I get "intent to deny" (thinking of extreme case).

What would happen when I am coming back in one of these three conditions. I would guess I am ok in first 2. Any idea about last one? Will they let me enter and handle the situation here.

Your help is appreciated.
 
Answer to your Ques

In your situation unfortunately AP is the only option to travel because if you apply for visa then you have to fill out the visa application form which requires you to answer the question, "Have you ever been arrested...." and you have to say yes.This might cause lot of trouble!

Bottomline AP is the only and best option for you to travel in my personal opinion.

Depending on your RD/ND you will get RFE/INTERVIEW and the extreme one which I don't think you will ever get.
I am pretty confident that the worst case scenario for you is interview as you have admitted everything on your I-485 application. If it's been more than 6 months since you have applied then I would hold off any travel plan otherwise if you have applied recently then I would travel asap to avoid any complication but with AP you don't have to answer the nasty ques anywhere, so you should be fine!

Please consult with your attorney and verify all the options before leaving the country.
 
I answered NO

I have the same issue exept that I answered NO to the question. I submitted amendment letter to correct the answer and explanation. I am not sure what the INS will do with this correction letter but what is the worst case senario for me.

Please help...
 
hassoon

I am assuming that you or your attorney explained very clearly in your amendment to I-485 application that why you answered'NO' in your original app. Maybe you did not understand properly the question or what so ever.

Now I am positive that you will get an interview and you will have to explain your situation. You actually have 2 things to defend :

1. Your original arrest charge

2. Willful mispresentation

I don't mean to scare you but in my view and even in INS view willful mispresentation is a bigger crime then the original crime itself sometimes.

Hopefully you or your attorney have very strong evidence that you made a mistake understanding the I-485 questionaire or something like it was a minor crime and was dismissed.....
If I were you then I would gather all the evidence and do all my homework before the interview. Take a very good criminal immigration attorney with you. A good criminal immigration attoreny can save you from this type of situation.

Hope this helps.
 
Thanks So much

Yes we explained very clearly why I answered NO, because it was similar to traffic violation, and very minor, and I thought is was traffic. Also it was dismissed. I hope that the fact that I sent amendment to them before they even review gives them the feeling that I am not ever willing to misrepresent.

I have all the evidence, and I will get attorney if they call me for interview.

Tell me what you think

Thanks so much
 
Pappu Pager, what are your info

Pappu Pager

Can you please share your information with me. I am very stressed about my situation. I appreciate your help.
 
hassoon, don't stress too much!!

You should be fine. Like I said before just make sure you take an excellent lawyer with you and if needed spend some money to get different opinion from 2-3 different criminal immigration attorneys, so you are well prepared for the interview. Excellent lawyers like Murty and Rajeev charges 2-3 hundred for 30 minutes but trust me it's worth it. You will have peace of mind and will be sleep better at night. Take care and you will be fine.
 
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