What will happen if USCIS denies my I-485 interview?

I think you should be ok. Make sure you take court disposition along with you. You will be asked what was the outcome of the charges against you and how did you plead... They will also ask you all details regarding you situation... Please take court dispostion/documents to prove your case....


I am assuming you are not a terrorist or afiliated to any.....and not involved in any capital crime ....

I have seen people in worse situations getting approved....

one piece of advice I might give.... If you can afford please hire a good lawyer and ask him/her to be present at your interview ...This will make things go more smoothly....

Good luck and all the best






Nicejoe said:
I was arrested for misdeanor domestic violence, the case was dismissed after I completed a counseling program. I know I was wrong, have changed for better. It was not a serious husband wife fight by any means. But the legal consequences sound scary.
 
Thank you for your suggestion. But my lawyer seems like does not know the law regarding to this well. I did a lot of seach on this, I think I will be fine unless..... I guess I will just go myself with my families. Thanks again!
Joe
 
Knowing that the case was dismissed...sounds like you should be optimistic.
Best Wishes
 
You'r fine

Hi NiceJoe, You should be fine as it is a dismissed misdemeanor(guessing you answered "yes" to the arrest question on 485), basically you are not convicted. Hoping you have only 1 misdemeanor charge so far, this falls under the Petty Offense act officially if the max offence was less than 1 year & amount of time served is less than 1/2 year. Make sure you take the court disposition document as OrangeTreats mentioned. You can obtain this from the court clerk if you dont have one already. Officer will ask in your own words what happenned - remember that the case was transfered because adjudication is transfered to the IMO - tell in your own words what happenned & expresee remorse. You will be fine & will get approved on the same day.

FYI.. I am in the same boat, waiting for my interview notice (case transfered just today) & i have a misdemeanor dismissed record. For a crime to be of deportable offense it should be a felony or 2 misdemeanors, one of which is a CIMT or many other classifications like willful misrepresentation, etc... Even, in this case, this will be classified as deportation proceedings where in someone is required by the IMO to appear before an immigration judge. Regards to the services of a lawyer, i am planning not to take one as firstly it is rare to find a good criminal immigration attorney & to schedule his/her time on our interview date needs $$. To top it if the crime is not CIMT & three are no other crimes, the IMO has to classify this as a petty offense act & hence approve the case. In my view, getting an attorney is more like mental satisfaction factor. Just be confident, the officer will do their job & definetely to err is human.

I recommend the thread below, please read.
http://boards.immigrationportal.com/showthread.php?t=138444&highlight=arrest


Can you tell when is your interview scheduled, which service center, how long you waited for an interview notice ?).

Can you please provide when your interview is scheduled, how long you had to wait, which local office you are going to, what documents are requested ? My case is transfered just today to newark.

Thanks much !
 
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Hi InUS&Frustrated:
I will have an interview within two weeks. I really thank you for your information. This makes me more confident. I will come back here again in two weeks to let you know the resultand the detail. Please pray for me.
InUS&Frustrated: I know life in U.S without greencard is extremely difficult. I desperately miss my families especially my widowed mother in my homecountry. But I can't go see them. I have a lot of dreams, but I can't do them because of lack of green card. As I get older, I started to have anxiety and depression as I can't do things I really want to do. I am worried all my dreams will fade away because of being worn out. I totally understand why you have such a user name. But, please take your frustration as an opportunity, this long struggle may make us grow strong . Thanks! Joe
 
NiceJoe, Good luck in the interview. Rememeber that the officer is doing his job trying to follow the law & law is on our side in this case.Some other day when we get our citizenship & relax in cayman islands or so, we will no longer talk of unfulfilled dreams !

"... dreams where I am lost in a warm place with no memory. An ocean so big it strikes me dumb. Waves so quiet they strike me deaf. Sunshine so bright it strikes me blind. It is a place that is blue beyond reason. Bluer than can possibly exist. Bluer than my mind can possibly grasp. I am terrified. There is no way home."
--Quotes from movie ShawShank Redemption.
 
Nicejoe said:
Will they arrest me on the spot if USCIS denies the application?

Highly doubtful.

It's a misdemeanor. It got dismissed. You will worry yourself into an early grave. Just make absolutely sure you have certified court documents of the disposition.
 
Nice joe
You should be ok,be confident and polite at the interview.Tell the truth and keep all papers well organised in binders with dividers.I suggest to take a local attorney with good refrence.My case was different, due to two i-485 officer got little confused and did not approve on the same day but sent the approval letter after 7 weeks.
I wish you and your family all the best of luck.
 
Thank you for your support. I will prepare as much as possible for the interview. and let you know the result. Thanks again!

Joe
 
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