Very Important..Please advise

[desiguy_jsr]

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,

 

[Red_Card]

Why exactly U were arrested ???. Can u provide some details.
Who called the cops and what happened next.

 

[pralay]

He mentioned that we have to file another form for mistakes on my first 485 and file for corrections stating the neglence.

Amending I-485 application - in general that's the way, if any mistake is made in prior I-485 form. Failure to do it can cause serious trouble. Sometimes impact of providing false information is more serious than the crime itself. Remember, Martha Stewart did not go to prison for insider trading, but for providing false information.

It was an honest mistake as most forms ask you for convictions and not arrests! I did not even know about this until now.

I-485 form is pretty clear - "been arrested, cited, charged....". That question has nothing to do with conviction.

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!

You need to sit down with your attorney and discuss it very frank way. If you still keep wondering how your attorney came to know about it, it's not going to solve the problem (why don't you ask him how he came to know). You are the client of your attorney. If possible, you can take your attorney with you in interview.

 

[pralay]

Why exactly U were arrested ???. Can u provide some details.
Who called the cops and what happened next.

How is it related?
"some details" will help you to draw any conclusion?

 

[Red_Card]

I think the approval may depend on how serious the crime was.

 

[pralay]

I think the approval may depend on how serious the crime was.

No, crime is not an issue here. Many people got approved with "minor" domestic violence or drunken driving. In this case, he was not even convicted. Therefore, the seriousness of crime does not come to picture at all (that is already decided by court). Here the main issue is that he provided false information which could be more damaging - especially when USCIS/BCBP already knows about this incident.

 

[pralay]

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!

In addition to previous posting:
You need to gather all the documents before going to interview:
1. arrest record from police station.
2. court order (that specify that you were aquitted).

In interview if interviewer asks anything about your arrest and you produce these documents, atleast that will prove that you are honest enough to provide correct information to USCIS.
But you don't need to volunteer any information if they don't ask anything about your arrest.