What will happen when I go to my I-485 interview if I’ve been arrested and a deportable charge was filed?

Asked over 1 year ago - Palm Beach Gardens, FL

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?

Attorney answers (4)

  1. Andrew William Clopman

    Contributor Level 8

    2

    Lawyers agree

    Answered . 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... more
  2. Jeffrey Adam Devore

    Contributor Level 20

    1

    Lawyer agrees

    Answered . 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... more
  3. F. J. Capriotti III

    Contributor Level 20

    1

    Lawyer agrees

    Answered . 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... more
  4. J Charles Ferrari

    Contributor Level 20

    1

    Lawyer agrees

    Answered . 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... more

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