Arrested while 485 is pending

[Singalong]

I was arrested recently on a DV charge. The case is not yet filed at DA's office.

My I485 was filed and fingerprinting was completed about an year ago. I did not have any arrest/criminal records when I filed I485 so I answered 'no' for the question on arrests.

The I485 decision is currently pending because of PD is not current. Do I have to report this arrest now and what is the process to do it?

[Attorney_23]

Generally speaking, if a person's I-485 is pending, there is no requirement that such an arrest be reported to USCIS. However, this likely will turn up at the time of adjustment when USCIS runs fingerprints in a final background check. For information related to the consequences of your arrest/possible plea deal/possible conviction, please schedule a consult with a qualified attorney.

[Attorney_25]

Generally you will need to consult a qualified immigration attorney in addition to your criminal law attorney. Most criminal law attorneys have insufficient knowledge of immigration law to avoid a situation where a person with a criminal issue may be removed from the US. Domestic violence charges are highly likely to result in removal from the US.

[t75]

What are you doing about your anger issues? DV is a serious matter in the US. Being arrested for it carries much stigma. Your employer will not be happy to learn of it.