Hiring Immigration attorney for arrest not reported. Is $2000 ok?

[watertown]

Today I talked to a new lawyer (different than my company lawyer) in Boston. My I-485 is pending for a year in Boston office after interview!! According to the new lawyer, my I-485 will eventually be denied coz I didn't answer "Yes" to a question on my I-485 application if I was ever arrested!!

I was under the impression that I was taken in protective custody, well at least thats what my company lawyer advised me!!!

The new lawyer told me he would submit an amendment to my I-485 application and will get the record of my "arrest" from NY city and will follow up with USCIS and it will require 8 hours @$250.

Shall I hire him?

Please advise.

[mhtanim]

Today I talked to a new lawyer (different than my company lawyer) in Boston. My I-485 is pending for a year in Boston office after interview!! According to the new lawyer, my I-485 will eventually be denied coz I didn't answer "Yes" to a question on my I-485 application if I was ever arrested!!

I was under the impression that I was taken in protective custody, well at least thats what my company lawyer advised me!!!

The new lawyer told me he would submit an amendment to my I-485 application and will get the record of my "arrest" from NY city and will follow up with USCIS and it will require 8 hours @$250.

Shall I hire him?

Please advise.

This is a serious issue. If I were you, I would rather do a paid consultation with someone like Murthy or Rajiv Khanna. They are proven to know what they are doing. If they advise you to amend the I-485, you can be certain that that's what you should do.

If USCIS is going to deny your I-485, they will send you a NOID first. You haven't got anything like that yet. Don't just file an amendment without knowing what's really going on. I don't think you should hire someone who tries to scare you saying "your case will be denied" without any basis.

Again, do a paid consultation with a reputable immigration lawyer. Good luck.

[gconmymind]

I had a paid consultation with Rajiv Khanna once. He is very good and provides different possible solutions to your situation. Before hiring a lawyer to file amendment, I would do a consultation, possibly with more than one lawyer.

[razis123]

what was the case by the way? its not like if you were arrested you cant get GC.it depends

[watertown]

I called the cop during a nasty domestic dispute with my ex-wife who poked me with knife. When NYPD came in she accused me of trying to tear her shirts. Though both of us didnt press any charge, the police took us to the station, fingerprinted, photographed and in the moring let us go with warning never to get into fight or divorce. I didn't see any Judge.

We got divorced shortly and I got $300 from NY state as domestic violence victim!! That was the only good part:)

My gut feeling is FBI reported this to USCIS.

what was the case by the way? its not like if you were arrested you cant get GC.it depends

[watertown]

The lawyer told me that my case will be denied due to the misrepresentation of facts or lying!!!!

The interview was in May, 2007 at Boston local office

[at0474]

I called the cop during a nasty domestic dispute with my ex-wife who poked me with knife. When NYPD came in she accused me of trying to tear her shirts. Though both of us didnt press any charge, the police took us to the station, fingerprinted, photographed and in the moring let us go with warning never to get into fight or divorce. I didn't see any Judge.

We got divorced shortly and I got $300 from NY state as domestic violence victim!! That was the only good part:)

My gut feeling is FBI reported this to USCIS.

-- Regardless of whatever action your attorney may advocate, whether to send an amendment with arrest record or not, I would suggest that you look for and keep the record of $300.00 check you have received as a victim.

That can save your case. Probably you can explain that you were the victim and did not feel that you should answer "yes" to the arrest question on 485 (although you should).

Consult another attorney before you take that action though. One is not enough.

[lazycis]

If the USCIS finds an arrest record, they will send you RFE first. They won't just deny I-485 outright. Honest mistakes do happen. I do not see the need in amended I-485. I would wait until RFE comes (if any) and then I'd hire a lawyer to rebuff RFE.

[apb]

If they fingerprinted you and photographed you, YOU have to say YES on I485.
The lawyer is correct. You have to submit an amendment with a notarized statement explaining what happened.

Same with me too. Arrested for driving with suspended license (non payment of speeding ticket). Lawyer mentioned to state YES and submitted my explanation.

This arrest record showed up when I used my AP. The IO casually asked the reason why I was arrested and after that he stamped my AP document.

Check with other lawyers for an amendment fee. This is definitely not a 8 hour task but a max 2 hour. But I do not know much about amendment to I485 either.

[watertown]

Guys,

That incident happened in 2001!! and I don't have that $300 check anymore. :)

Since I filed I-485, I got AP/EAD twice and they never asked me anything about the "arrest". In fact I got my first H1B visa stamped in Canada in 2002 and they also didn't ask me anything about the "arrest" inspite of the fact that they too took my finger print for visa issuance.

Moreover I belong to special registration catagory and since I travel overseas a lot, CBP is tired of taking my fingerprint!! In fact they suggested/insisted that I applied for exemption from NSEER.

In fact I've done one thing yesterday! I had my fingerprint taken and then send send that to FBI to see if I have any rap sheet.

[apb]

It does not matter how many times CBP looked at your fingers...etc.
I485 explicitly asks were you ever arrested. Answer is YES.
If you answered NO you have to file an amendment or wait for an RFE. IMHO Best is to file an amendment.

My arrest also happened around 2002. I had no proof. I had to get my explanation notarized after taking oath.

[mhtanim]

Guys,

That incident happened in 2001!! and I don't have that $300 check anymore. :)

Since I filed I-485, I got AP/EAD twice and they never asked me anything about the "arrest". In fact I got my first H1B visa stamped in Canada in 2002 and they also didn't ask me anything about the "arrest" inspite of the fact that they too took my finger print for visa issuance.

Moreover I belong to special registration catagory and since I travel overseas a lot, CBP is tired of taking my fingerprint!! In fact they suggested/insisted that I applied for exemption from NSEER.

In fact I've done one thing yesterday! I had my fingerprint taken and then send send that to FBI to see if I have any rap sheet.

First of all... it doesn't sound like you actually have been arrested. However, I am not a lawyer and it's hard to define what really is considered as "Arrest" per the law.

Instead of getting confusing responses from others on your issue, you should consult with an experienced lawyer. A paid consultation with Murthy or Rajiv Khanna will cost you around $300 - $500. If they advise you to file an amendment, and if you decide to use them for amendment, generally they will give you credit for the consultation fee.

[zCool]

This is panic I think..
Did you get infopass appointment and find out that they have found criminal record in your past?
Did someone tell you that your 485 is pending due to that arrest record?
From what you say , your are for special registration country, also maybe a muslim man which may have gotten profiled as some or other security snag anyways..
Before you go amending 485, make sure you aren't doing in panic.
Lot of times with USCIS, your scratching will cause more itch..
Let the sleeping dogs lie,
Right time I think was when you applied for 485 or even at the time before interview.. now if you do it, you may only cause more trouble..

But if you know they found something in your name check or hit against your fingerprints, then move fast.. and amend after consulting good lawyer..

[watertown]

Actually I had Infopass appointment last year, August, 2007 and they told it was pending NC. When I made another Infopass in December, 2007, the IO first told me it was pending NC but our congressman office was told by FBI that my NC wa cleared in December, 2006!! I mentioned this to IO then he looked in his screen for a few minutes and told me that my file had something which needed additional review and he couldn't tell me what it was for security!!!

Subsequent enquiry with Ombudsman office also brought the same result, ADDITIONAL REVIEW and they couldn't give any timeline for decision.

Before the interview our company lawyer drafted the amendment but during the interview he sat quiet and when I asked him why he didn't submit it, his reply was " oh!, it went too good and I didn't wanna spoil it!!!!"

May be my country of birth did play a role but then again I know many who happens to be "muslim" got it so easy!!!!


This is panic I think..
Did you get infopass appointment and find out that they have found criminal record in your past?
Did someone tell you that your 485 is pending due to that arrest record?
From what you say , your are for special registration country, also maybe a muslim man which may have gotten profiled as some or other security snag anyways..
Before you go amending 485, make sure you aren't doing in panic.
Lot of times with USCIS, your scratching will cause more itch..
Let the sleeping dogs lie,
Right time I think was when you applied for 485 or even at the time before interview.. now if you do it, you may only cause more trouble..

But if you know they found something in your name check or hit against your fingerprints, then move fast.. and amend after consulting good lawyer..

[nixstor]

Actually I had Infopass appointment last year, August, 2007 and they told it was pending NC. When I made another Infopass in December, 2007, the IO first told me it was pending NC but our congressman office was told by FBI that my NC wa cleared in December, 2006!! I mentioned this to IO then he looked in his screen for a few minutes and told me that my file had something which needed additional review and he couldn't tell me what it was for security!!!

Subsequent enquiry with Ombudsman office also brought the same result, ADDITIONAL REVIEW and they couldn't give any timeline for decision.

Before the interview our company lawyer drafted the amendment but during the interview he sat quiet and when I asked him why he didn't submit it, his reply was " oh!, it went too good and I didn't wanna spoil it!!!!"

May be my country of birth did play a role but then again I know many who happens to be "muslim" got it so easy!!!!

During the interview your lawyer sat quiet? Are you saying that your lawyer came with you for your 485 interview? Clarify whether your interview happened or not. As I understand that your interview did happen an year before and you failed to mention that you were arrested on your I-485.

While the arrest itself might not be a serious issue, failing to report that is a serious issue. If you were finger printed by the cops and they took your mugshots, it is possible that they had a citation for you, which legally means an arrest. Talk with the county archives to get a disposition of the court documents. If this never went to court, then you might have to talk with the particular county police and get a letter stating that the case did not even go to court.

The attorney is cleverly adding work to secure the disposition documents from court and making it 8 hours of work. I feel that its a bit expensive. Its good to send that letter and hope that they will pull your file out of the pile atleast to to put the letter in the file.

On a side note, if they considered this to be a big issue, they would have already sent a NOID. But you never know, Its USCIS.

It is very easy to miss things like these. Telling USCIS before they ask for more is NOT going to harm you, if not help you.

[watertown]

Dear Nixstor,

My case was filed in September, 2006 and NSC transferred the file to Boston for interview which took place in May 2007. My company lawyer was trying to find the reason for interview and when I told him about my "arrest" he told me that was the reason and prepared a letter to be given to the IO during interview but as I said he didn't give the letter!!!

I'm actually trying to decide if its okay to submit amendment BUT some in this forum told me to wait for NOID as its not wise to get them something new to chew on!!!

That "arrest" took place in bronx and now I live in Boston. So donno how to get such an old record. I didn't get to see the judge as both of us were simply let go the following morning.

During the interview your lawyer sat quiet? Are you saying that your lawyer came with you for your 485 interview? Clarify whether your interview happened or not. As I understand that your interview did happen an year before and you failed to mention that you were arrested on your I-485.

While the arrest itself might not be a serious issue, failing to report that is a serious issue. If you were finger printed by the cops and they took your mugshots, it is possible that they had a citation for you, which legally means an arrest. Talk with the county archives to get a disposition of the court documents. If this never went to court, then you might have to talk with the particular county police and get a letter stating that the case did not even go to court.

The attorney is cleverly adding work to secure the disposition documents from court and making it 8 hours of work. I feel that its a bit expensive. Its good to send that letter and hope that they will pull your file out of the pile atleast to to put the letter in the file.

On a side note, if they considered this to be a big issue, they would have already sent a NOID. But you never know, Its USCIS.

It is very easy to miss things like these. Telling USCIS before they ask for more is NOT going to harm you, if not help you.

[nixstor]

Dear Nixstor,

My case was filed in September, 2006 and NSC transferred the file to Boston for interview which took place in May 2007. My company lawyer was trying to find the reason for interview and when I told him about my "arrest" he told me that was the reason and prepared a letter to be given to the IO during interview but as I said he didn't give the letter!!!

I'm actually trying to decide if its okay to submit amendment BUT some in this forum told me to wait for NOID as its not wise to get them something new to chew on!!!

That "arrest" took place in bronx and now I live in Boston. So donno how to get such an old record. I didn't get to see the judge as both of us were simply let go the following morning.


Did you tell the officer who interviewed you about the arrest? I understand that USCIS does not have any paperwork on your arrest, either on I-485/amendment.

Call the county police and ask for documentation. they will give it to you, if they have it. Who decided that you were the victim of the case and who gave you the 300$ check? You have to talk to those judicial/police systems and get that info. Generally they keep stuff in archives for almost 10 years.

[pointlesswait]

I was arrested for DUI (but the case was dismissed), as it was an underblow!!

i am planning to go to india, in june..am in my 7th year H1 (valid till 2010)...have to go to chennai for stamping.. filed for Perm last week..(2nd time)..(had an approved 140, before i changed my job..so missed the boat)

the uncertanity is killing me.. have too much at stake here (atleast for now)..

will my case have an impact on the possibility of getting my H1 stamped...or should i postpone till i get my GC..which could take years...

any suggestion!! plz

[nixstor]

I was arrested for DUI (but the case was dismissed), as it was an underblow!!

i am planning to go to india, in june..am in my 7th year H1 (valid till 2010)...have to go to chennai for stamping.. filed for Perm last week..(2nd time)..(had an approved 140, before i changed my job..so missed the boat)

the uncertanity is killing me.. have too much at stake here (atleast for now)..

will my case have an impact on the possibility of getting my H1 stamped...or should i postpone till i get my GC..which could take years...

any suggestion!! plz

What did the court disposition say? Nolle Pros or Convicted or some thing else. It also depends on the state where you go the arrest. If it is a misdemeanor or beyond, you are better off declaring it on the form. If you are finger printed, it can possibly show up . If you were NOT fingerprinted and you answer NO, you might be lucky enough to sneak in with out issues.

Talk to a good attorney and decide what is best for your situation. People on forums will tell you two stories, just like I did. While ti gives information, it does not clear your confusion and help make decision. Good luck. You will be fine.

[pointlesswait]

It was dismissed by the court.. according to the lawyer there is no record of DUI arrest...(in a bargain...i pleaded guilty for other charge of speeding..)

(but i think i will check my driving record...maybe that will tell me)

[watertown]

I guess in NYC, police automatically inform concerning auhtority about and DV issue. I didn't inform anyone but was pleasantly surprised to get a letter from the body (I've forgotten the name) asking me to itemize the loss I incurred. I sent it back with the receipt of my broken glass fixing cost and they sent me $300 after 1 month.

Before the interview I asked my Lawyer's opinion if I should answer yes to thr arrest question. He advised that I should tell what I thought was right "protective custody or arrest". So I answered NO during the routine questioning of at Interview.



Did you tell the officer who interviewed you about the arrest? I understand that USCIS does not have any paperwork on your arrest, either on I-485/amendment.

Call the county police and ask for documentation. they will give it to you, if they have it. Who decided that you were the victim of the case and who gave you the 300$ check? You have to talk to those judicial/police systems and get that info. Generally they keep stuff in archives for almost 10 years.

[watertown]

The lawyer informed me that USCIS is absolutely not required to issue NOID and he is positive that they wont!!!!!! As per him, I now have legal obligation to disclose this to USCIS!!!!

If the USCIS finds an arrest record, they will send you RFE first. They won't just deny I-485 outright. Honest mistakes do happen. I do not see the need in amended I-485. I would wait until RFE comes (if any) and then I'd hire a lawyer to rebuff RFE.

[watertown]

Hi Nixstor,

Send you a PM!. Any good lawyer in Boston?

[watertown]

Just an update guys. I went to the Finger-print store and had them taken my finger-print on the card they used for canadian immigration and sent to FBI with $18 money order.

FBI took 2 weeks to send the card back with stamp "No Arrest Record".

Should I be happy? I mean I did get taken to the police station and finger-printed!!! My lawyer says it was "Arrest" and some of you here also say so.

So, who is correct? Can FBI make mistake?

Guys ..do please share your inputs. I love them!