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  1. #1
    Join Date
    Jul 2008
    Posts
    1

    Default Interview with Criminal Background Involving Prison Time

    Any suggestions or help will be greatly appreciated.

    One of my family member has an I-485 interview coming up in August. He had a warrant in 1999 and was arrested and served 3 months in jail. After he was released, he never received any paper work from the court regarding deportation.

    Prior to submitting his I-485 application, he did a separate criminal background check and it came back clean. I guess he figured since it was so long ago, he check "no" next to the box that asked about if you have previous criminal history.

    Now we received the notice for interview and they specifically attached a second piece of paper asking about if you have any criminal records and what you should bring.

    My questions:
    1. Is the second piece of paper asking for prior criminal record normal procedure?
    2. Should he be honest and tell the IO the truth?
    3. Should he bring a lawyer to the interview?
    4. Will they find his records even though my fingerprints came back clean?
    5. Will they take away his spouse's GC?
    6. Will he be penalized for checking "no" on his application?

    P.S.-This is in California.

  2. #2
    Join Date
    Jun 2007
    Posts
    636

    Default Re: Interview with Criminal Background Involving Prison Time

    When in question always disclose everything. I bet his criminal background check is not as thorough as the one Immigration is going to do or has done already. I can pretty much garuntee they will find out about his criminal record. As it does not go away it is there even after you are gone.

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