Criminal Record and Answering Part 8 of I-485

[joeurit 0]

Hello, My SO is applying for AOS and we are working through form I-485. She has a record due to a physical fight many years ago...not a proud moment for her. We have answered all I-485 questions relating to arrests/convictions truthfully and supporting documentation will be included for immigration.

 

My question is about I-485 Part 8 Question 58c - "Have you ever ordered, incited, called for, committed, assisted, helped with, or otherwise participated in intentionally and severely injuring any person?" We met with an immigration attorney recently for a consult, and she advised that my SO could truthfully answer "No" to this question, as this section is intended to uncover organized, political crimes that would make one permanently inadmissible (combined with the fact that my SO has already disclosed the incident elsewhere on the I-485 application). I have been unable to find any additional guidance online. I am curious what others think about this specific question on I-485? I recognize no one can provide legal advice. Simply looking to see how others interpret this question to decide whether I should consult with a few other attorneys.

Edited March 3, 2020 by Penguin_ie

[Villanelle 4,122]

What exactly happened? Having a record due to a fight is a bit vague. The question is intentionally and severely injuring a person. Was anyone severely injured in the fight? Was the other person left with a permanent injury? Broken bones? Was she charged with anything? Found guilty of anything? If so is the statute she was found guilty of a felony type one or one that states wording of serious injuries involved?  If no to all of that and it was more like 2 women pulling hair and slapping each other then IMO no- no one was intentionally and severely injured. 

 

Many people do have records for drunken bar fight type things and Im pretty sure they all said no to that question. You may get more replies- possibly from those who have similar situations by changing your post title  (or ask the mod to).