| Q. |
2nd biometrics and dismissed misdemeanor cherge
I am the primary on I485 pending application. We have just recieved our 2nd biometrics appointment notice. My wife had an unfortunate incident of arrest charge for theft.Our criminal lawyer was able to get the case dismissed "nolle presequi". Does the 2nd Biometric (code 3) automatically initiate a second fingerprint check or is it only done for data collection purpose to tie to the green card record? Will this lead to a interview requet at this point? All security checks for both of us are already complete.
User's Location:
St louis, Missouri, United States of America
Category:
Employment-based Green Card
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| A. |
The biometrics should be done for data collection only. If the conviction does "pop up," your wife will need to provide the USCIS with a certified court disposition of the conviction. Since it appears that the conviction will fall under the one-time "petty offense exception," it is likely that her case can be approved without delay.
Keep in mind that biometrics, fingerprints, and security checks are all for separate purposes.
It may be that the criminal "hit" will result in the need for a personal interview, where one would not be required normally for an employment-based case. |
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Fredrick W. Voigtmann
Immigration Lawyer
Inman and Associates, P.C.
(310) 274-7111
www.igvlaw.com
Disclaimer: This information is general in nature and is not intended, nor should it be construed, as legal advice. This post does not create any attorney-client relationship between us. For specific advice about your particular situation, consult an attorney.
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| Q. |
" your wife will need to provide the USCIS with a certified court disposition of the conviction" . Is this ever possible through an RFE rather than an interview. I am just worried that this "unfortunate" incident might cause further delays through "waiting for scheduling" etc. I know its out of our control but I do not want to be surprised. |
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| A. |
Yes. It could be done through an RFE, but I suspect that you may have an interview. Don't worry, the delay is not significant, and in some cases, an interview might be a little faster. |
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Fredrick W. Voigtmann
Immigration Lawyer
Inman and Associates, P.C.
(310) 274-7111
www.igvlaw.com
Disclaimer: This information is general in nature and is not intended, nor should it be construed, as legal advice. This post does not create any attorney-client relationship between us. For specific advice about your particular situation, consult an attorney.
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