QUESTION
Will pending charges affect my green card process?
Asked on Jun 12th, 2016 on Immigration - Florida
More details to this question:
I arrived here on a K1 visa, recently married and submitted my i485 for my green card. A few weeks ago I was charged with felony battery DV on my husband and the charges are pending. It was all a misunderstanding, he has signed a nonprosecution affidavit and we have secured a lawyer that said this will likely result in a dismissal or a pretrial diversion with the end goal of expunging the charge altogether. However, my biometrics appointment at USCIS is next week and I need to know what is going to happen when they take my fingerprints? Will the pending charges show up? If so, what effect will it have on the process? Am I better off rescheduling the biometrics appointment a few months and wait for the dismissal of the charges in court? Any help would be appreciated
1 ANSWER
These pending charges will impact your green card application. USCIS will not be able to complete adjudication of the application without the criminal case being fully disposed. You should go to the biometrics appointment as scheduled. Your background check will show you have been arrested whether you go now or a few months from now. You will also need to disclose the arrest regardless of the outcome. You should proceed cautiously with any plea offered. Consult an experienced immigration attorney before accepting a plea agreement. You can read more about adjustment of status at http://myattorneyusa.com/criminal-aliens.
Answered on Jun 13th, 2016 at 3:31 AM