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Misdemeanor After Biometrics

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  • 07-24-2012, 07:44 PM
    clickcluck
    Misdemeanor After Biometrics
    I filed for a GC through my husband. I am currently on employment authorization (have EAD card) and did biometrics (fingerprinting) a few months back. Th dates for green card processing retrogressed for my country since then.

    Recently, I was only cited (not arrested or fingerprinted or photoed) for a misdemeanor that may be dismissed in the court, case pending. Since this incident took place after Biometrics, am I required to inform USCIS and/or fill any additional forms for the pending case OR do I wait until after my FBI background check, USCIS will find out about this charge and ask me for additional documents?

    Please advise what must I do? Thx
  • 07-26-2012, 06:25 AM
    Mr. Knowitall
    Re: Misdemeanor After Biometrics
    Be very careful about the plea deal, even if it results in dismissal, as if you allocute (state facts under oath sufficient to support a conviction for the offense) the USCIS will regard that as a conviction even if the charge is ultimately dismissed. It is also a very good idea for anybody who is involved in criminal proceedings that could affect their immigration status to work with a lawyer who is familiar with the immigration ramifications of criminal court proceedings and dispositions.

    You will have to disclose the information at your interview.
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