I-485: if denied?

[tominaz 0]

Hi all.

Well, we had our interview. Our I-130 status was approved, and our I-485 status would have been approved as well, but the interviewing agent had question about my wife's criminal background clearance. So, there was no determination pending further review.

In short, she was once erroneously arrested. All charged were dropped and cleared from her record. As I was worried they might find out about this, we included a letter describing the incident and dropping of all charges. As she is from Scotland, they have a reporting agency for criminal background checks called "Disclosure Scotland". The sheet came back clean and there was nothing on her record.

As we here in the US are used to being able to obtain arrest and court records, the agent questioned why we did not have this. We tried several times with the applicable court and police station in Scotland, and neither would print any record out for us. We were told to use Disclosure Scotland, which we did. For some reason, the USCIS agent nor her supervisor were aware of this process so the matter is now under futher investigation.

I guess my question is, if this is denied, what are the steps for filing to reopen the case? What happens to my wife during this process? Is she still allowed to stay?

Also of note, she has already received her Work Permit, which is good for 1 year. Not sure if this has any use if the I-485 is denied.

While I think there shouldn't be a problem, you never know and I'm trying to be prepared if there is an issue.

Thanks

Edited March 15, 2012 by tominaz

[NancyNguyen 1,658]

Denied then she will have a 30 days windows to appeal and/or leaving. If denied, all pre-immigration benefits will be ended.