How does DUI and petty theft affect 485 initial interview when this info was not given while applying for 485? 9 Answers as of February 01, 2011

My husband is primary applicant. Our 485 was applied for recently. We both received our EADs and parole documents. Last week we received an initial interview call. My husband had forgotten to include his DUI and petty theft information on the 485 forms. He thought since both these issues were finally dismissed, there is no need to put it in 485 forms. My husband is in process of getting all required docs from the court for DUI and petty theft. How should we prepare for interview? How serious is our situation?

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Pacifica Legal Services
Pacifica Legal Services | Floyd Fernandez
Your husband is in trouble, for failure to disclose the information. It is grounds to have your application denied. You also are in trouble with the DUI, due to a possible offense involving substance abuse. You will need to make an affidavit to explain withholding information, and determine if your offense is not a disqualifying offense.
Answer Applies to: California
Replied: 2/1/2011
Carlos E. Sandoval, P.A.
Carlos E. Sandoval, P.A. | Carlos Sandoval
This is serious since withholding information to obtain an immigration benefit could be used against you. The day of the interview you should bring it up to the immigration officer and bring any arrest reports and final court dispositions to the interview.
Answer Applies to: Florida
Replied: 1/17/2011
Pauly P.A.
Pauly P.A. | Clemens W. Pauly
You should consult with an immigration lawyer prior to your interview.
Answer Applies to: Florida
Replied: 1/3/2011
The Vega Law Firm
The Vega Law Firm | Linda Vega
Please see an attorney immediately so that you can amend your application. This could cause it to be denied.
Answer Applies to: Texas
Replied: 12/31/2010
Calderón Seguin PLC
Calderón Seguin PLC | Ofelia L. Calderon
It is always serious when you fail to disclose important information to USCIS. You should get the documents and bring to the interview. You should make sure to explain it was not your intent to lie. You should also consider consulting with an immigration attorney since while the DUI does not make him inadmissible, they petty theft might. I can't tell from the post where the conviction took place so I do not know if this qualifies for the exception. In any case, you would want to know that before you go to the interview as you may require a waiver.
Answer Applies to: Virginia
Replied: 12/31/2010
    Law Office of Michael E. Hendrickson
    Law Office of Michael E. Hendrickson | Michael E. Hendrickson
    Could be quite serious for your husband. Petty theft falls in the category of what U.S. immigration authorities term a CIMT, i.e., a Crime Involving Moral Turpitude which can be the basis for initiating removal proceedings against the alleged offender. Both of these offenses should have been reported on the I-485(whether they were "dismissed" or not.)

    Your husband under no circumstances should attend this scheduled interview without first consulting with a lawyer experienced in such matters and then having the attorney accompany him to the interview.
    Answer Applies to: Virginia
    Replied: 12/31/2010
    Law Office of Immigration & International Trade Law
    Law Office of Immigration & International Trade Law | Linda Liang
    Our husband will not be seen as "forgot" to list the document. Instead, he will be seen as having lied. It is not good for your situation. Whatever you do, you have to be honest from now on. You do not have to volunteer those information at your interview.
    Answer Applies to: Florida
    Replied: 12/31/2010
    Nicastro Piscopo, APLC
    Nicastro Piscopo, APLC | Louis M. Piscopo
    The situation can be very serious since the failure to include such information on the application can be found to be a willful misrepresentation and result in the denial of the application due to inadmissibility. Moreover, criminal convictions, even if later dismissed by the court, can still be effective for immigration purposes and make your husband inadmissible. If admissible and not eligible for a waiver, your applications can be denied. It is possible that your husband's conviction may not make him inadmissible, but you should have them reviewed by an immigration attorney as soon as possible.
    Answer Applies to: California
    Replied: 12/30/2010
    Marie Michaud Attorney At Law
    Marie Michaud Attorney At Law | Marie Michaud
    The USCIS wants to know everything, even about the police arresting you, even if the case was never charged. Your husband should tell the truth..USCIS official will make notes in your husband's file, and will ask for all original documents (Certificaed minues or certified court disposition with an original seal from the court). If your husband only has a DUI and one petty theft (and most importantly nothing else), he should be fine.
    Answer Applies to: California
    Replied: 12/30/2010
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