Murfreesboro, TN asked in Criminal Law and Immigration Law for Tennessee

Q: Adjustment of Status I-485 with arrest or criminal record and attorney fees

My petition for national Interest Waiver and has been approved. I was arrested on domestic violence charges after I received my approval. I am in the state of Tennessee and there is a law here called "retirement" meaning if I do not commit any crime, the case will be automatically dismissed. In my case, they disposed a 3-months retirement. Please note that I read the UCIS policy on criminal history and I know criminal law and convictions for immigration purposes are different from and stricter than what states have. In my case, there is no pleading guilty or not guilty, probation, and there is no conviction, probation or penalty. I have to spend 8 hours of anger management.

1.I just wanted to know if it would affect my adjustment of status (I-485 form) case?

2. I will hire an attorney for sure but I am nervous about the additional cost due to my record. I know cases are different. I see attorneys charge between 1200-2000 $ for filing I-485 only but how much extra, ap

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2 Lawyer Answers
Dayna Lally
Dayna Lally
  • Immigration Law Lawyer
  • Woburn, MA

A: The I-485 specifically asks: "Have you EVER been arrested, cited, charged, or detained for any reason by any law enforcement officer (including but not limited to any U.S. immigration official or any official of the U.S. armed forces or U.S. Coast Guard)?

Since you have been arrested, you will need to submit certified police and court records of the criminal charge and arrest.

Most attorneys will provide the fee for services during an initial consultation. These fees may vary depending on where in the United States you retain an attorney.

Rehim Babaoglu
Rehim Babaoglu
  • Immigration Law Lawyer
  • Memphis, TN
  • Licensed in Tennessee

A: You should be concerned with hiring a criminal lawyer to obtain an appropriate disposition of your criminal case. Ideally, that would mean obtaining an outright dismissal of the charges. The disposition you are now seeking may avoid immigration consequences, assuming that you do not utter, sign, or enter a plea of guilty in any of the stages of the process. You should obtain court clerk certified copies of the arrest and final order of dismissal of the charges signed by the judge.

I highly recommend that you hire an immigration lawyer to counsel you, prepare the forms for USCIS filing, and most importantly, attend the USCIS interview with you. Good luck to you.

Bruce E Buchanan agrees with this answer

1 user found this answer helpful

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