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Bach222

How to handle explaining the criminal case developments that's concluding shortly before a GC interview?

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At the time of my I-485 application I had had a 'desk appearance ticket' (basically a deferred arrest in NY). As such, I marked "yes" to q25 "have you ever been arrested...." with a brief explanation of the ticket and "no" to everything else, since I had no previous incidents and that was the best I knew at the time of the developments with this one.

 

Since then, lots of time has passed and my lawyer settled on a disorderly conduct charge, which is considered a violation not a crime in New York law. This is all going to be settled shortly and I won't have a criminal record. 

 

My GC interview (marriage) is coming up soon after. An immigration attorney was consulted during the whole court ordeal so I'm not concerned about this singular incident causing an outright denial. However, I am concerned about how I go about amending the record and not inadvertently lying. I am assuming the answers to question 26 (have you ever committed a crime) and 27 (have you ever pled guilty...) and 28 (have you ever been ordered punished by a judge or had conditions imposed...) and 29 (have you ever been a defendant in a criminal proceeding...) are all now "Yes" whereas at the time of application it was "No".

 

Will there be opportunity to clarify and amend all this in the interview? Should I be mailing anything pre-emptively? If it's done in the interview, should I be printing off an altered page of the relevant parts of the i-485?

 

Any guidance would be much appreciated!!

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Posted (edited)

Get a certified copy of the court records and bring it with you and a new I-485 with the updated information. 

Actually get more then one certified copy, they won't be giving it back and you may need it for ROC and the N400 process if you go through that. 

 

Edited by Ontarkie

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On 8/24/2019 at 10:55 PM, Bach222 said:

At the time of my I-485 application I had had a 'desk appearance ticket' (basically a deferred arrest in NY). As such, I marked "yes" to q25 "have you ever been arrested...." with a brief explanation of the ticket and "no" to everything else, since I had no previous incidents and that was the best I knew at the time of the developments with this one.

 

Since then, lots of time has passed and my lawyer settled on a disorderly conduct charge, which is considered a violation not a crime in New York law. This is all going to be settled shortly and I won't have a criminal record. 

 

My GC interview (marriage) is coming up soon after. An immigration attorney was consulted during the whole court ordeal so I'm not concerned about this singular incident causing an outright denial. However, I am concerned about how I go about amending the record and not inadvertently lying. I am assuming the answers to question 26 (have you ever committed a crime) and 27 (have you ever pled guilty...) and 28 (have you ever been ordered punished by a judge or had conditions imposed...) and 29 (have you ever been a defendant in a criminal proceeding...) are all now "Yes" whereas at the time of application it was "No".

 

Will there be opportunity to clarify and amend all this in the interview? Should I be mailing anything pre-emptively? If it's done in the interview, should I be printing off an altered page of the relevant parts of the i-485?

 

Any guidance would be much appreciated!!

You answered truthfully based on the facts as of the filling date.  You can't predict future events.


YMMV

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On 8/24/2019 at 11:55 PM, Bach222 said:

At the time of my I-485 application I had had a 'desk appearance ticket' (basically a deferred arrest in NY). As such, I marked "yes" to q25 "have you ever been arrested...." with a brief explanation of the ticket and "no" to everything else, since I had no previous incidents and that was the best I knew at the time of the developments with this one.

 

Since then, lots of time has passed and my lawyer settled on a disorderly conduct charge, which is considered a violation not a crime in New York law. This is all going to be settled shortly and I won't have a criminal record. 

 

My GC interview (marriage) is coming up soon after. An immigration attorney was consulted during the whole court ordeal so I'm not concerned about this singular incident causing an outright denial. However, I am concerned about how I go about amending the record and not inadvertently lying. I am assuming the answers to question 26 (have you ever committed a crime) and 27 (have you ever pled guilty...) and 28 (have you ever been ordered punished by a judge or had conditions imposed...) and 29 (have you ever been a defendant in a criminal proceeding...) are all now "Yes" whereas at the time of application it was "No".

 

Will there be opportunity to clarify and amend all this in the interview? Should I be mailing anything pre-emptively? If it's done in the interview, should I be printing off an altered page of the relevant parts of the i-485?

 

Any guidance would be much appreciated!!

 Before taking an oath, submit a certified copy of court records. Make a summary of the items that need to be updated - what form, page, section, item, previous answer and the updated answer to the questions. Do not forget to sign the updated document. I wish you well!

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