⏳ EB-3 Derivative Pending - Criminal Record Appeal Impact on I-485

⏳ **Case Status: Pending** --- A derivative applicant on an employment-based I-485 pled guilty to misdemeanor simple assault/domestic violence in lower court, then filed a timely de novo appeal which stayed the original judgment. The case was remanded to file for 180 days with expected dismissal, while the I-485 remains pending and USCIS has been notified. A derivative applicant on an employment-based I-485 is navigating a complex criminal record situation during the adjustment of status process. The applicant pled guilty to misdemeanor simple assault/domestic violence in lower court, but filed a timely de novo appeal, which legally stayed the lower-court judgment and transferred the case to a higher court. No guilty plea was entered in County Court. The prosecutor subsequently moved to remand the case to file for 180 days, with the expectation of dismissal. USCIS has been informed of the pending criminal matter. The central legal question is whether USCIS will treat the original lower-court guilty plea as a formal 'conviction' under immigration law (INA definition), or await the outcome of the appellate process before adjudicating the I-485. --- **[📎 View Original Post](https://www.reddit.com/r/USCIS/comments/1vqahpn/i485_pending_with_misdemeanor_conviction_appeal/)** *Source: Reddit I-485 EB* --- *This post was automatically curated from online sources to share real case experiences with the community.*