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
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.