Upcoming I-485 Interview and Criminal History
We live in NJ. In 2006, I was arrested on a disorderly person offence(shoplifting less than $200 worth of merchandise) and ultimately the case was dismissed. In Feb 2007, I was arrested again for attempted shoplifting & plead guilty to a municipial ordinance(creating disturbance & noise) and was fined $500. I have not been in trouble after that. Now I have the interview for I-485 adjustment of status coming up, which is based on husband's employment. He recieved GC earlier this year, and now they have called me for interview. My question is
1. How likely is it that the criminal history will come up during the interview
2. Would it help to take along an immigration/criminal lawyer with us?
3. Woud the criminal history influence the approval of I-485? the first case, disorderly persons offence was dismissed & the second was downgraded to a municipial ordinance.
Any advice would be appreciated, specially from anyone who was in a similiar situation when they went for their Green Card interview.:wallbang:
Re: Upcoming I-485 Interview and Criminal History
Criminal history will come up.
If you wish, consult an immigration lawyer and decide based on the consultation if you wish to retain the lawyer to represent you.
The more criminal conduct you engage in, the more likely it is that it will affect your immigration. You've managed to avoid serious convictions, but you seem to have a problem with shoplifting.
Re: Upcoming I-485 Interview and Criminal History
Yes I am aware that the problem exists & gets worse when undwer severe stress. I have stopped engaging in it since the second arrest and just hope that it does not affect my case. Would the conviction make a difference? I have read & heard about crimes of moral turpitude, but am not sure how my particular case is going to be classified. Does a municipal ordinance classify as a crime of moral turpitude?
Re: Upcoming I-485 Interview and Criminal History
The USCIS can look at what you confessed to doing in court, even if the charge is reduced or dismissed, and treat you as convicted of any crime you confess to having committed. I don't know what you stated on the record during your plea hearings.
Re: Upcoming I-485 Interview and Criminal History
I just looked up the court dispositions. The first disposition shows dismissed for the shoplifting incident. The second one shows "noise complaint" & fine of $500. I had pleaded guilty to a charge of arguing with the shopkeeper about intention to pay for some items. The original charge was shoplifting downgraded to a municipial ordinance.
Would taking an immigration lawyer into the hearing help? I am getting nervous about facing all of this on my own.
Re: Upcoming I-485 Interview and Criminal History
I doubt that it would make much difference, but I would never tell you not to consult a lawyer.
Re: Upcoming I-485 Interview and Criminal History
thanks, i will consult a couple of immigration lawyers. The lady at the court house where i picked up the disposistions says that they have people in all the time, picking up records for all sortsof criminal offences. I am praying that my mistakes in the past do not affect my case. What are the consequences if they deny the I-485 petition?
Re: Upcoming I-485 Interview and Criminal History
Based on the record you've described, I think you are more likely to experience delay than denial.
Re: Upcoming I-485 Interview and Criminal History
thank you AAron, i don't mind a delay while they investigate, as long as its not a denila. Your words have given me some hope. Thanks again for all the time you take to answer queries. I am hoping that we meet an understanding person who understands that people make mistakes & that they should be given a second chance. Thanks again.
Re: Upcoming I-485 Interview and Criminal History
just wanted to post my experience for the information it might provide someone. Went for the I-485 adjustment of status interview today & the officer said that petty offences( shoplifting charge which was dismissed & another downgraded to noise prohibition) are not grounds for denial of the Green card. He approved my case, pending availability of visa. Just to let people in a similiar situation know, make sure you answer all questions honestly( since he seemd to know everything anyway) and that you stay out of trouble. We didn't take a lawyer & it seems it wouldn't have helped anyway, since he said that people only bring in lawyers if in serious trouble.
Re: Upcoming I-485 Interview and Criminal History
Hey I have one question about your case, which state are you? Because I will be facing a interview with immigration soon and i am very worried.....please answer me...Did you answer the questions on the form about being arrested or your criminal history just came up? Did they mention it or you just started to talk about it? please give me more details about how was the interview and how the immigration officer talked to you about your criminal history...please!