Successfull Interview @ San Jose

N

NewHandle

Registered Users (C)
Had successfull interview @ SJC today. My case was tansferred b\'coz I had a criminal
coviction few years ago. Everything went smmoth. had attorney with me.

Will post details after the long weekend.

---
New
 
No Title

NewHandle,

Congratulations on your interview and have a great weekend!!!

We are eager to learn some more of the details, specially the timeline of your case (CSC transfer notice, file transfer, SJC notice and interview).

Take care.
 
No Title

NewHandle,

Please post your details for the benefit of future new comers.
The time between transferred date and interviewed date is
especially valuable. Thanks.

ciba
 
No Title

New Handle
Kindly post in your details. I am one of those unlucky guys whose case has been transferred to the Local office in San Jose. How long did it take for an interview after the case was transferred to the local office.

thanks
Unluckywaiter
 
No Title

Sorry for the delay. Details of my case :

PD 8/98 EB2
ND for I-485 11/99
ND for transfer notice 8/15/00
ND for Interview notice 3/28/01
Interview date 5/25/01.
Same employer through out. Spouse started working on EAD.

The interview notice was (I think) standard one. It asked me to
bring
   1) Proper Id, Passport, All origianal documents filed w/485
   2) Medical results 9if not already submitted)
   3) Employment verification letters
   4) copy of tax return for last 3 years eith W2\'s
   5) Rental Agreements, Deeds, Utility bills, credit/bank statements
      etc to show proof of marriage.

I took all of these and also took the certified disposition for the
case. The officer was very polite, asked us to take oath, took FP and asked for our passports, EAD, AP etc.. She then asked for employment
letters, pay stubs (I had copies, she kept them). Then she asked for tax copies (just looked at them, highlighted last line of 1040, your
taxable income) and filed it. The officer then asked to look at
original marriage certificate. We showed that, the attorney then asked
to show marriage photos. The officer then commented, the case is not
transferred for marriage grounds, but still looked at them. She also
looked at Child\'s birth certificate.

The officer then started asking questions for 485 questionaire.
1) have you ever been arrested........, I answered yes, and she said
that is why you are here. She then asked what happened, told her our
story, she seemed convinced and then went on to ask other questions.

She asked 5-6 more questions and then said, that i\'m going to approve
yor case and will stamp your passport. Regarding my case, initial charge : misdemeanor, during pre trial diversion, pleaded "no
contest" to infraction/violation. I was FP at local police station
after incident. The thing I should have done at that time was to
hire criminal attorney who understood immigration consequences. My
atorney did not understand and kind of forced me to accept "no contest" plea.

My case was covered under petty crime exception of CIMT (since it
was not punishable by sentence of 1 year). Any conviction which
can be punished by 1 year prison term can lead to problems
(irrespective of time served)

The best thing I did was to have attorney with me. She was very
good and very helpful. She was not there for face value alone. She
did lot of talking, specially when I was describing my side of
story.

The strange thing, which I found was that the officer had approval
letter ready and just signed it.

Any questions, let me know.

Thanks
New
 
No Title

Thanks for the info ,
Had you Checked \'Yes\' to being arrested in the 485 application ??
 
No Title

I\'m not sure what you mean. I was charged with misdemeanor.
During Pre trial diversion, I was offered that the charge
would be reduced to violation + fine or go for jury trial.
I accecpted former. To the charge of violation, I pleaded
"no contest". Hope this helps.

-New
 
No Title

Yes. That is the safe thing to do. I had to do FP at local police
station before pre trial diversion. So I was sure my FP would be
in FBI system.
 
No Title

Advanatge of plea "no contest (nolo contendere)"
is that such plea can not be used against you in
all other civil cases.
 
No Title

That\'s true (civil consequence), but remember that you could be
deported for any conviction (Immigration consequence)

To be deportable you have to have an absolute conviction first. ( Just
a charge is not sufficient) For immigration purposes that means any
admission of guilt (including a "nolo contendere" in a court of law)
 makes you convicted.

I did not know of this when I pleaded no contest. My attorney made
it seem like take it or leave it deal. I later found that, if you do
not accept the "deal" in first Pre trial diversion, you usually get
similar or better deal during 2nd one. The attorneys normally charge
on case basis, so it\'s beneficial for them to resolve case in first
PTD

-New
 
Could you please give me some information.

Hi,
 I am in a similar situation. could you please tell me the name and contact information of the lawyer who went with you for the interview.
Thanks a lot in advance.
 
Re: No Title

You said the Interview date 5/25/01. But why did you pass the interview in May/2002?

Thanks,

Originally posted by NewHandle
Sorry for the delay. Details of my case :

PD 8/98 EB2
ND for I-485 11/99
ND for transfer notice 8/15/00
ND for Interview notice 3/28/01
Interview date 5/25/01.
Same employer through out. Spouse started working on EAD.

The interview notice was (I think) standard one. It asked me to
bring
   1) Proper Id, Passport, All origianal documents filed w/485
   2) Medical results 9if not already submitted)
   3) Employment verification letters
   4) copy of tax return for last 3 years eith W2\'s
   5) Rental Agreements, Deeds, Utility bills, credit/bank statements
      etc to show proof of marriage.

I took all of these and also took the certified disposition for the
case. The officer was very polite, asked us to take oath, took FP and asked for our passports, EAD, AP etc.. She then asked for employment
letters, pay stubs (I had copies, she kept them). Then she asked for tax copies (just looked at them, highlighted last line of 1040, your
taxable income) and filed it. The officer then asked to look at
original marriage certificate. We showed that, the attorney then asked
to show marriage photos. The officer then commented, the case is not
transferred for marriage grounds, but still looked at them. She also
looked at Child\'s birth certificate.

The officer then started asking questions for 485 questionaire.
1) have you ever been arrested........, I answered yes, and she said
that is why you are here. She then asked what happened, told her our
story, she seemed convinced and then went on to ask other questions.

She asked 5-6 more questions and then said, that i\'m going to approve
yor case and will stamp your passport. Regarding my case, initial charge : misdemeanor, during pre trial diversion, pleaded "no
contest" to infraction/violation. I was FP at local police station
after incident. The thing I should have done at that time was to
hire criminal attorney who understood immigration consequences. My
atorney did not understand and kind of forced me to accept "no contest" plea.

My case was covered under petty crime exception of CIMT (since it
was not punishable by sentence of 1 year). Any conviction which
can be punished by 1 year prison term can lead to problems
(irrespective of time served)

The best thing I did was to have attorney with me. She was very
good and very helpful. She was not there for face value alone. She
did lot of talking, specially when I was describing my side of
story.

The strange thing, which I found was that the officer had approval
letter ready and just signed it.

Any questions, let me know.

Thanks
New
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