QUESTION
How does DUI and petty theft affect 485 initial interview when this info was not given while applying for 485?
Asked on Dec 30th, 2010 on Immigration - California
More details to this question:
My husband is primary applicant. Our 485 was applied for recently. We both received our EADs and parole documents. Last week we received an initial interview call. My husband had forgotten to include his DUI and petty theft information on the 485 forms. He thought since both these issues were finally dismissed, there is no need to put it in 485 forms. My husband is in process of getting all required docs from the court for DUI and petty theft. How should we prepare for interview? How serious is our situation?
3 ANSWERS
This is serious since withholding information to obtain an immigration benefit could be used against you. The day of the interview you should bring it up to the immigration officer and bring any arrest reports and final court dispositions to the interview.
Answered on Jan 17th, 2011 at 5:28 AM
Immigration Law Attorney serving Costa Mesa, CA
Partner at
Law Offices of Louis M. Piscopo, APLC
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The situation can be very serious since the failure to include such information on the application can be found to be a willful misrepresentation and result in the denial of the application due to inadmissibility. Moreover, criminal convictions, even if later dismissed by the court, can still be effective for immigration purposes and make your husband inadmissible. If admissible and not eligible for a waiver, your applications can be denied. It is possible that your husband's conviction may not make him inadmissible, but you should have them reviewed by an immigration attorney as soon as possible.
Answered on Dec 30th, 2010 at 2:13 PM
Immigration Attorney serving Torrance, CA
at
Marie Michaud, Attorney At Law
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The USCIS wants to know everything, even about the police arresting you, even if the case was never charged. Your husband should tell the truth..USCIS official will make notes in your husband's file, and will ask for all original documents (Certificaed minues or certified court disposition with an original seal from the court). If your husband only has a DUI and one petty theft (and most importantly nothing else), he should be fine.
Answered on Dec 30th, 2010 at 2:13 PM