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csj50

Husband applying for I-485 with previous conviction...help!!

By csj50 in Waivers (I-601 and I-212) and Administrative Processes (221g)

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Boiler Grand Master

Boiler   43,434

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Misrep, lied to obtain an immigration benefit, his F1.

As you said it matters what was the maximum he could have served. Some of what was said is not my recollection but I am not paid big bucks, your Lawyer is.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Boiler
Boiler

Nobody can tell you the impact without knowing his history. When he applied for his F1 he would have had to declare his criminal past. From what you have said it would have required a waiver.

Merrytooth
Merrytooth

Shouldn't he answered yes on the DS-160 form for the Security and Background Information question: Have you ever been arrested or convicted for any offense or crime, even through subject of a pardon,

Boiler
Boiler

They do not come up very often, the last one I saw was where someone had lied and said they were married to improve their prospects to get a visitor visa. Comes to visit, gets married and tries to ad

Boiler Grand Master

Boiler   43,434

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Thanks for your help, boiler.

Does anyone else here have experience with a similar situation? Surely we can't be the only married couple that has gone through this...

They do not come up very often, the last one I saw was where someone had lied and said they were married to improve their prospects to get a visitor visa.

Comes to visit, gets married and tries to adjust status and is asked for his divorce certificate....

Never did find how that one ended up.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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csj50 Apprentice

csj50   0

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Well, not necessarily lying. Husband is adamant he did not answer any questions regarding criminal history when applying for the f-1, but again it's either he doesn't remember, and/or he applied for it before the incident...looking for anyone else with experience applying for AOS with a conviction.

In addition, doesn't apparently the USCIS only really look at if the conviction was under five years old?

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Boiler Grand Master

Boiler   43,434

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I have asked that the thread be moved to the waiver forum.

If he told the truth then no problem.

No time limit of past crimes, US does not have a Rehabilitation of Offenders Act.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Ontarkie Grand Master

Ontarkie   13,916

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~~Moved to Waivers, from AOS from Work, Student and Tourist VIsas - As the OP's main concern could require a waiver.~~

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Jawaree Grand Master

Jawaree   717

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For the F1 there would not be intense check as immigrant visa, but

strange no waiver for F1 ,CO 2nd question after oath is if one has ever

been in trouble with the law, applicant response is typed into their computer

The DS260 ask in a few ways if U came in contact with the law anyplace,

sentenced or not (must be disclosed)

There is a gray area that could be misrep , the facts are'nt known but it might be

incorrect info at non-immigrant interview for visa benefit...I would have my atty

there...They wont ease up on any crime not revealed

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Hypnos Grand Master

Hypnos   6,576

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Probably a CIMT for the robbery, and maybe misrepresentation too, as others have said, depending on how the F-1 was applied for.

He'll likely need an I-601 waiver.

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csj50 Apprentice

csj50   0

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Probably a CIMT for the robbery, and maybe misrepresentation too, as others have said, depending on how the F-1 was applied for.

He'll likely need an I-601 waiver.

Wow, what a curveball for us. How's this all looking for us? How successful is a I-602? Everyone here seems to know a lot more than we do. (We do have an attorney that will update us next week...wish we didn't have to wait just for an update!!!!)

I mean I-601

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Boiler Grand Master

Boiler   43,434

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Waivers success varies, probably the easiest is a simple overstay, CIMT is harder add in a Misrep makes it harder again.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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csj50 Apprentice

csj50   0

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Waivers success varies, probably the easiest is a simple overstay, CIMT is harder add in a Misrep makes it harder again.

Why would an overstay be easier? Does the CIMT still count as difficult even though we meet the sentencing requirements (under 6 months imprisonment, never served, clean police record), and that it was over 5 years ago?

Lastly...:does it help that he is my husband and I am a U.S citizen?

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Boiler Grand Master

Boiler   43,434

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Not sure it matters why an overstay is easier, just like anything else there is a scale.

Not all crimes get the same punishment.

There are guides on VJ about waivers. I would suggest your husband is clear as to his convictions and his visa application, no lawyer can provide good guidance otherwise.

Is this Lawyer familiar with waivers? Not all are.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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csj50 Apprentice

csj50   0

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How screwed are we? I emailed the attorney yesterday asking if I could get a brief email update in addition to our phone appointment next week, but no answer. Starting to get really irked (wondering if I should get a new attorney?)

What are the chances everything will get approved? I'm starting to think at this point it's probably easier to move to France.

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