I-485 - processing information

[needhelp555]

Hi Guys,

I have a quick questions about I-485 section "Processing Information"

1) Have you ever, in or outside United states:

b. been arested, cited,charged,indicated, fined or imprisoned for breaking or violating any law or ordinance, excluding traffic violations? and my answer is YES to the above question and I am giving explanation in a seperate paper

I was arrested but not found guilty for having a fight with my co-worker, I was arrested but in a single court apearance my attorney dropped the charges (battery) and had me pay fine for only "disorderly conduct". Hetold me that if any dept in the future ask you a question whether you were convicted or charged in Criminal activity...I can say "NO"

Question: Is this a problem? Shall i get an attorney for my "Family Based Greencard Application" (or) Just click "Yes" and Explain in detail on seperate sheet?

Thanks and God Bless!

I-130/I-131/G-325A/I-765/I-485/I-864 : Which form(s) should be notorized?

[txh1b]

Arrest is different from conviction. Not every arrest results in a conviction. If you were arrested, the answer is Yes. As long as the crime is not CIMT, you need not invest in an attorney. Having a fight/disorderly conduct conviction doesn't look like a CIMT as you did not have malicious intent to harm someone.

Do your research and if there is a RFE/NOID, hire an attorney. If you are not confident in your research skills, go with an attorney from the beginning.

[needhelp555]

Thanks...I researched my case and found few things which i would like to share to make decision…to go with Attorney from the beginning (or) not to...?

I was charged with Misdemeanor Battery (Criminal charged) and Disorderly conduct and Court dropped the Misdemeanor Battery charge which was criminal and had me pay fine (or) plead to an ordinance Disorderly conduct charge

[txh1b]

What you were charged with is irrelevant. What you are convicted of or what you said ant any time during the court proceedings matter.

For example, if someone was charged with possession of a controlled substance and assault but the controlled substance charge was dropped, still USCIS can look into the case and see if the person made any statements accepting the guilt at some point in time.

Research on CMIT and there are many examples on google search. AFAIK, you should be fine.

[needhelp555]

Thanks again!!!


Can you also tell me about ....I-130/I-131/G-325A/I-765/I-485/I-864 : Which form(s) should be notorized?

[txh1b]

I can't recall notarizing 325A/765/485/130. rest I am not aware of..

[needhelp555]

Just Curious: State.gov PDF file about CMIT states that even "Disorderly conduct" is included and it also mentions about "Assault with Intent to cause serious bodily harm" and my charge which was dropped did mention about "Intent to cause bodily harm" but not "Serious" (I know charges are irreverent but still wanted your inputs...sorry)

After researching if I decided to file myself and if God forbids INS reject my I-485 based on this issue, Can i file again with an attorney? What will be the chances of getting it approved next time?

[txh1b]

Can you post the link? Also research into petty exceptions category using which some crimes have some relief available. Yes, you can apply after a denial again. But the files would be looked into and you could rather appeal the denial using an attorney rather than refile.

BTW, what is your current status?

[needhelp555]

I am on H1b and find below the link...Thanks for your help!

http://www.state.gov/documents/organization/86942.pdf

In your statement you said: "You could rather apeal it using attorney rather than refile". If I am understanding this correctly, you think i would be better of, If i apply thru attorney now (or) may be if i get a rejection?

[txh1b]

Thanks for the link. Very comprehensive indeed. I need time to go through that document as I have not read upon this matter in detail.

On what basis are you applying for your I485? My understanding is the attorney does not do anything during the application process as such. If you answer an YES to any of the crime/arrest questions on the I485, you will be called for an interview during which your ineligibility is determined.

To save you the trouble and give you peace of mind, consult with an attorney with regards to the ineligibility. My take on your case is you are not ineligible. But I am a lay person off the street and not qualified to say this.

[needhelp555]

I got married to USC and I am in the process of sending the documents but as per your suggestion i will consult an immigration attorney to help me

You said during the initial process attorney will not do anything but will do the same thing what i can do myself and I will be called for an Interview to determine the case...Do you think it’s wise to take his help from the beginning

Any good Immigration Lawyer in Dallas-TX you (or) anybody can recommend? Thank you!

[txh1b]

If you can afford one, go for one from the beginning. However, like I said earlier, you can do all the initial paperwork yourself and save the extra cost.

You may not even get an interview but will most likely get one as it is family based case that you are applying under. USCIS generally interviews most of the family based cases to determine the legitimacy of the marriage.

I would say, consult with an immigration lawyer. Call the Dallas Bar association for referral and they offer initial 30 min consultation for $20-30. Good lawyers will be upfront with you rather try to thrive on your fears and make some money.

As you have done your research, act stupid and see if one tries to live on your fears and avoid them. If you are looking for a desi firm, try eknazar.

Also try the expungement of the case if you qualify.

Lastly, if I were you, I would do it myself and hire an attorney when needed.

[needhelp555]

Thank you! I am going to see an attorney near my office and his website claims that he does the first initial consultant free of cost...I will go with what he suggest and as i am already done with all the paper work, hopefully can save money

Thanks for your time and help! God bless

[needhelp555]

Hi,

I met an attorney near my office who gave 1 hr to me without charging anything but he did suggested me to avail his services...All my documents are ready to dispatch but only thing not ready is the letter explaining why I was arrested

He is asking $200 to file - send the documents to Chicago lockbox on my behalf (Just posting)

and he wants to draft a letter explaining the laws of the state where i was arrested and explain why i was arrested in details for $800

$1000 in total....what do you recommend?

[txh1b]

My 2 cents one more time.

Too expensive according to me. You can write it yourself but you should be careful about not self incriminating in any form in writing.

$200-$500 for writing the letter would have been reasonable considering $250/hr charge of an attorney.

Talk to couple more of them, you will find a cheaper one. All they say in these letters is that the offense does not carry a max sentence of more than 1 year and is not inadmissible as per any INA sections or does not fall under CIMT.

Irrespective of that letter, an interview is inevitable. If the attorney is ready to handle any future queries, RFEs, represent you for the interview when called, $1000 is worth it.

[needhelp555]

If i draft my own letter and send the documents and if there is any query i can hire an attorney or in case of rejection i can hire...can this be possible? I am still trying to look at other attorneys but if you or someone can post a sample letter "how it should be drafted" it will make my job easier and also will show me a way too

Thanks again!

[needhelp555]

Anybody? Thanks...

[txh1b]

You can hire an attorney at anytime during your case. No issues with that. My take on the letter would be.

Describe the offense that you were arrested and convicted of. Talk about the conviction and the max sentence allowed for the crime in your state. Do not admit guilt anywhere. Say that you are a law abiding person and have not had any brush with the law since then.

Look up the sections that say this is not inadmissible.

Attach certified court disposition letter (final judgement).

Good luck!

[JERRY2121]

what's cmit?

[txh1b]

http://www.immihelp.com/immigration/us-immigration-abbreviations-acronyms.html