B2 visa with misdemeanor. Able to adjust status?

[rideDlightning 0]

Well first of all let me say that this website has a lot of helpful information. After using the search option I found several similar cases but still couldn’t come up with an answer to my following question.

I’m a USC. My girlfriend of three years has a 10 year B2 visa which expires in three years and currently has a valid I-94 which expires in two weeks (July 10 2010). She last entered the US in January of 2010 and planned on going back to Mexico in March. In February she was involved in a traffic accident in which she was the driver of a vehicle and had the green light at an intersection. A bicyclist blew past the red light and met my girlfriend somewhere in the intersection. After the investigation was done and witness statements were taken my girlfriend was ultimately found not at fault, BUT…..My girlfriend panicked and did not stop at the scene of the accident. Instead she continued to the next street and pulled in and shutdown (distance from accident approx 300 yards). She then called the police and they met her at her location. She was charged with leaving the scene of an accident involving bodily harm, FELONY. She got booked. Her plans for leaving in March went sour. She decided to stay and clear everything up before she left the country. After going to court (couple times) she pled no contest (guilty) to a misdemeanor leaving the scene of an accident involving property damage, no jail time, no fines, and from my understanding it is not a Crime Involving Moral Turpitude (CIMT).

Now we plan on getting married here in the US and my questions are…

Will her misdemeanor affect the process of getting her AOS after marrying?

Since we will more than likely marry after her I-94 expires (week or two), will that be a problem in the AOS process?

Thanks in advanced….

[milimelo 4,238]

Moving to AOS from visitor, student and work visa.

[rideDlightning 0]

thanks makes more sense here.

[JimVaPhuong 4,863]

It's not a crime of moral turpitude. This conviction, by itself, is not an inadmissibility. Make sure she keeps her court records as she may need to submit them.

Overstaying her I-94 will not affect her eligibility to adjust status. She'll be out of status until USCIS accepts her AOS petition.

[rideDlightning 0]

Thanks.

[Brother Hesekiel 2,235]

Boy did she get lucky that the Assistant D.A. wanted a quick way out and was too lazy to try the case. Hitting someone one a bicycle and then taking off while she's laying in her own blood in the middle of the street . . . what kind of human being does something like that?

Usually a felony like this this would result in a one year prison term and a suspension of her driver license for a long time (ideally for life).