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  1. #1
    Join Date
    Aug 2009
    Posts
    1

    Angry I-485 Interview and Misdemeanor Charge

    my I-485 interview coming on Aug 20th after if was it was transferred from
    SCIS to NBC in chicago, then to my local office. I have been waiting almost 6 years to get my case approved. I overlooked a sholifting incident that occured in 1998 while in college and decided to be honnest about it. Of course I called my lawyer and she was informed. I also found out that it is a misdemeanor in the state where l live. My wife and my son are on H4 visas. My lawyer told me that she will amend the application, but she seems doubtful about USCIS granting me the Green card!! ($100.00 fees were paid back then and case was closed).

    I am worried about the case being denied delayed! please help me with an answer.

    This is her email bak to me today after i asked if I need to take a local lawyer with me to the interview:

    We are in the process of preparing the legal memoranda addressing the charge and Register of Actions . To determine and confirm that the shoplifting itself is not grounds for denying your I-485, we will need complete and full copies of the court documents and police records. In particular, we need the specific code section of the charge itself. In addition, please be advised that the fact that you submitted the I-485 under penalty of perjury to USCIS and did not disclose this information can be a basis for USCIS to deny your application.


    In support of the memo and legal arguments to be made to USCIS, we need you to obtain original documents from the court. We understand that your file has been destroyed because it is over seven years old, it is also our understanding that you have already requested the following documents:

    Complete and final Judgment or Court Order, original or certified copy issued by the Court
    Confirmation from the Court that you complied with the terms of the Sentencing Order
    If these items are not available, please provide an original letter from the Court confirming that the records are no longer available.


    Please forward these to our office as soon as they are available. Once we have these items we will proceed with preparing the legal memoranda for your interview, please provide an update on these items as soon as possible so that we have sufficient time to prepare the necessary documents prior to your interview on August 20th. Any Help or insight is appreciated. Thanks.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: I-485 Interview and Misdemeanor Charge

    You have a lawyer advising you. The most sensible thing to do is to follow your lawyer's advice.

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