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hope00012

legal issues ;-(

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Hello,

My husband has an interview scheduled at the end of the month in Abu Dhabi, UAE. His police certificate is still valid but he has been charged with a misdemeanor (by flipping a finger at his ex-boss on facebook, which is a criminal offense here in UAE but the poor guy did not know. My husband did that because his ex-employer was not paying him his salary and my husband was able to beat his ex-employer in a labor case). His ex-boss filed a case against him for some sort of wrong behavior with humanity, and won. My husband was sentenced for 6 months jail and deportation but we filed for bail and have filed an appeal too. So it will take a few months and a few more court hearings for us to know if his sentence will be reduced or will remain, or whatever will happen.

I would like some advice from people, especially if someone has gone through legal issues while getting their green card.

  1. What my husband did is not illegal in America. When he is asked by the interview officer if he has been ever charged as a criminal, should my husband just say yes and explain to him why and tell him that we are still fighting the case in court. And if he asks my husband has he ever been jailed, should he say no because he got a bail before even going to prison?
  2. If everything goes well and my husband is able to get the visa, we are not sure if he is allowed to travel while the case is still going on (we will find out soon). If he is allowed to go, he will go and comeback and I will mail him his green card once it gets to my home. Is that ok to do?
  3. What happens if six months pass and he is still stuck here because of the case, is there a way that he can get the visa again by explaining to the embassy what happened?
  4. And God forbid, if he does get sentenced for 6 months and is deported, can he get it again from another country? If he gets deported, he will be sent to Pakistan and will not be allowed to enter the UAE again.

We are going through such a hard time, and I seriously feel life is playing some kind of joke on us. I know a lot of people will ask to find some attorney but I would like any other advice and suggestions from people. I hope I would not need to start over the whole process if he has to go to Pakistan and wait another two years for him.

thank you

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Answers:

  1. He must tell the truth.
  2. I don't recommend mailing the green card if at all possible. When he enters, a standard CBP entry stamp will be placed on the page next to the visa itself. This is the "endorsement" that allows the visa to act as a temporary green card for 1 year.
  3. If the visa expires before it is used. Then you may have to start over at square one by filing a new petition. You may want to delay the interview until final disposition of the case.
  4. If he is deported from the UAE to Pakistan before a visa interview takes place, then you would need to contact the Embassy in Islamabad to have the file transferred.
Edited by Ryan H

Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

 

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