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Answered 'No' for criminal record, I485 interview soon- Help

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  • Answered 'No' for criminal record, I485 interview soon- Help

    Hello,
    When I filed my AOS I dint research enough to know that I have to say 'YES' if I had any criminal record, I filed "NO".

    I had a shoplifting arrest and case closed at the court, this happend in 2004! I was not sure that it was supposed to be disclosed (my lack of knowledge, i thought its too long ago and also was arrested only cause i dint have ID when he asked me, so had to wait till my friend got my wallet from home etc etc, was found with 40$ worth of stuff. I think its expunged at the court, i will know this monday about it 3/6/09)

    I have an interview comming next month -

    1. should i go with a lawyer?

    2. should i go without lawyer and tell the interviewer that I did have this one thing which i forgot about when filling my I 485. (I have just this 1 bad thing in my record -I learned my lesson and stayed a law abiding person since then)

    3. any suggestions help will be greatly appreciated and 'yes' iam ashamed of myself for being in this situation.

  • #2
    Records are not expunged automatically unless it is filed for an expunction. You need to talk to an attorney as a conviction for shoplifting is a CIMT which could impact your 485 in addition to hiding a material fact from immigration. Even expunged cases have to be disclosed.

    You may qualify for a petty exception clause and need an attorney for your own good.

    I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

    Comment


    • #3
      Thanks

      I found that there is no record in the 'Court' about this as its 5 years old offence, went to the police and found they had the record of it, so I took bot copies from police and court.
      My research tells me that i shud be fine with my offence but am not sure what will happen to my interview as i checked 'NO' for arrests. Guess God alone can help me now.

      Comment


      • #4
        Answer truthfully in the interview or it will be perjury.

        I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

        Comment


        • #5
          thanks

          Originally posted by txh1b View Post
          Answer truthfully in the interview or it will be perjury.
          Thanks for your input, and yes i will not hide anything at the interview.

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          • #6
            can you please update of what happen in our case? i am in very similar situation.

            Thank you

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            • #7
              Can you please share with me what happened with you in the interview? I have same exa

              Can you please share with me what happened with you in the interview? I have same exact case?
              Thank you

              Comment

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