You are here:

Immigration Issues/i have immigration interview in a month and i have an open case in court

Advertisement


Question
i agree i will go to my interview and i will not hide anything, my current status is overstayed visa, I'm also applying for a work visa.  i don't know what the charges maximum will be but according to the investigator officer he feels like it will result in a fine and charges will be reduced if i don't take it to the trial. Even if I'm found guilty do you think i could get the resident so how?
-------------------------------------------
The text above is a follow-up to ...

-----Question-----
dear friend, the charges were for theft in second degree, i did not commit the crime, however i don't think i have enough evidence to prove my innocence, i will have a interview with my public lawyer in a week or so, i love my wife and i don't want to leave the country but I'm afraid they will deport me or something like that. Should i keep this situation secret in my immigration interview?
-------------------------------------------
The text above is a follow-up to ...

-----Question-----
dear sir.
I got married 6 months ago and i requested a change of status 5 months ago, i have my immigration interview (request for applicant to appear for initial interview-case type:form i-485 application to register permanent resident or adjust status)in a month, however i got an open case for a criminal charge, which i did not commit but the charges are filed and i have to go to court to clear my name and record, i not sure how long it will take , i got an appointment with my lawyer in a little less that a month,  this makes me nervous, i don't know what will happen in my immigration interview, my marriage was to an U.S. citizen. Any advice about this case?
-----Answer-----
Unfortunately you were arrested and charged with a crime...you didn't say what.  You must disclose any arrest failure to do so will automatically cause a denial.  you can explain to the adjudicator the situation.  They will likely postpone your interview and reschedule it at a later date...to provide you time to clear up the matter.  You will need to bring with you ANY supporting documents to your claim that you were wrongly arrested.
-----Answer-----
Your arrest will be found out one way or another.  You must reveal your arrest on all paperwork and during the interview.  
What type of visa did you have when you came into the US?
What is your current status?
Describe this theft charge and what is the maximum sentence if convicted.

Answer
What type of visa did you overstay...I asked this already.

your situation is not good. As a non-immigrant, overstay, you are deportable regardless of your marriage. However, permission is usually granted to remain in the US while your application is being processed.  What effects your case obviously is the arrest for theft.  What will directly  effect you with your criminal case, is if you convicted of a crime of involving moral turpitude or aggravated felony.  Since you have been vague, I assume the theft charge is related to shoplifting or something of that sort...which does not involve moral turpitude.

Immigration Issues

All Answers


Answers by Expert:


Ask Experts

Volunteer


David

Expertise

Immigration Law enforcement Border Patrol

Experience

30 years Immigration law enforcement/management, criminal investigations, Homeland Security including Border Patrol operations

©2016 About.com. All rights reserved.