I pleaded not guilty and my criminal case is ongoing. Now I am scheduled for an interview. What will happen? Will my application be simply denied or will I receive an RFE?
Most likely they will give your immigration attorney (don't go to the interview without one) a RFE.
PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.
It will not be adjudicated until the criminal matter is over.
You need to retain an experienced immigration lawyer, whether myself or one of my colleagues, to review all the facts, advise you, and handle the case.
J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.
Both you and your criminal attorney should be in touch with an immigration attorney regarding this matter. You won't be able to have a decision on your I-485 with the criminal matter pending, and you will likely receive an RFE. Depending on what you were charged with and what is in the arrest report, there is a possibility you could get a denial too. You really need an immigration attorney to evaluate the immigration consequences of the criminal matter.
Mr. Clopman is a member of The Florida Bar practicing in South Florida. He focuses his practice on matters involving immigration and nationality law. His responses contain general information and they do not create an attorney-client relationship. Users should formally consult with an attorney to obtain an evaluation of the specific facts of a case.
I agree with Mr. Clopman. Depending on what you have been charged with a conviction may not be required to render you inadmissible. Consult with an experienced immigration attorney who can review your case and advise you what to expect and how best to proceed.
While this answer is provided by a Florida Bar Certified Expert in Immigration and Nationality Law, it is for general information purposes only and an attorney/client relationship is neither intended nor created. You should seek out qualified counsel to review your case and provide you with advice specific to your situation. Call +1-561-478-5353 to schedule a consultation with Mr. Devore.