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  1. #1
    Join Date
    Sep 2009
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    5

    Default Would The USCIS Schedule an Interview Even if There's a Problem in the Past

    Long story short, my friend has a drug arrest in their country from 12 years ago. They are here in the US and are in the process of getting Adjustment of Status based on marriage to a USC. They have received their EAD, their SS Card and their interview is set for this week.

    The question is, would USCIS issue the EAD and schedule the appt. if they knew about the issue? I would think they would have denied already. Do you think they know about the issue? It actually wasn't an arrest in their country. My friend paid a small fine and that's it.

    My friend is nervous to go to the appt.


    Thanks!

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
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    Default Re: Would They Schedule an Interview Even if There's a Problem in the Past

    The question is, would USCIS issue the EAD and schedule the appt. if they knew about the issue?
    Yes. It's standard procedure.

    Do you think they know about the issue?
    Probably. And he'll probably be asked about it, so he should be truthful.

  3. #3
    Join Date
    Sep 2009
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    Default Re: Would They Schedule an Interview Even if There's a Problem in the Past

    Missy,

    One more piece of info is that my friend has a letter from their country's government stating that they have a clean record. There is nothing on their records for my friend. They are from a small, very unsophiscated island in the Caribbean. We think that when the US checks, nothing will come up based on the letter of good conduct they received from the govt.
    Do you still think USCIS will find it?

  4. #4
    Join Date
    Sep 2005
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    Default Re: Would They Schedule an Interview Even if There's a Problem in the Past

    That, I guess, makes your tantrum more understandable. You have us confused with psychics.

    We don't and can't know if they'll find out he's lying. We do know that if they do find out he's lying, they will send him packing. That's the risk he takes if he chooses to lie, and it's also why we advise against lying.

  5. #5
    Join Date
    Sep 2009
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    5

    Default Re: Would They Schedule an Interview Even if There's a Problem in the Past

    If someone could please give me some useful ADVICE, that would be appreciated. I never said anything about lying. Just trying to figure out if they will know about the issue.

    My friend would also like me to say that when he was caught, it happened at the airport. He never signed anything, never fingerprinted. Basically nothing formal. This combined with having come and gone to the US numerous times and the clean record letter from his gov't, we are hoping that USCIS will not know about the incident. Anyone have thoughts on this?

  6. #6
    Join Date
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    Default Re: Would They Schedule an Interview Even if There's a Problem in the Past

    The I-485 form, Part 3, asks the following "yes or no" questions:
    Have you ever, in or outside the United States:
    a. Knowingly committed any crime of moral turpitude or a drug-related offense for which you have not been arrested?

    b. Been arrested, cited, charged, indicted, fined, or imprisoned for breaking or violating any law or ordinance, excluding traffic violations?

    c. Been the beneficiary of a pardon, amnesty, rehabilitation decree, other act of clemency, or similar action?

    d. Exercised diplomatic immunity to avoid prosecution for a criminal offense in the United States?
    As your friend is going to answer those questions honestly, your concern is moot. The USCIS will be aware of your friend's past legal issues by virtue of his honest answers to those questions.

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