Legal Question in Immigration Law in New York

Re: Worry

In most cases, if the only conviction you have is for disorderly conduct, that won't result in a denial of adjustment of status as a matter of discretion if you are married to a USC. The question on the the I-485 is not phrased in terms of misdemeanor or felony. The answer to the question on the I-485 is yes for you. You need to present a certificate of disposition at the time of your interview. You should also present a copy of the law. On the I-485 you need to tell the INS what happened i.e. what you were arrested for, what you were convicted of. It gets a little tricky. You need to tell the truth because iNS will have the FBI rap sheet. However, you don't want to admit to a crime that you weren't convicted of which makes you inadmissable and which may require that you obtain a waiver.

Whenever, you have any type of conviction, it is always best to hire a lawyer to represent you in your marriage case both in preparing the forms and for the INS interview.