HELP!!WE GOT FALSELY ARRESTED!

[bunnyrabbit8 0]

Hi

We have a big big problem!My husband is here and after suffering so long to get him here we got into big trouble!We were arrested and both put in jail!!My husband thats the imigrant is on an ajustment of status pending and got arrested for BATTERY TOUCH OR STRIKE MISDEMEANOR AND RELEASED ON RECOGNIZANCE NO PROBABLE CAUSE! He didnt do anything and neither did I!

I was stopped for not wearing my seatbelt and they found a knife in front sea tof my car that we used for cutting things and a wtiness said they saw us swerving off the road and we were arrested! They saw scratches from our dogs and thought wrong! They wouldnt listen to us!We were in jail for 1 day.

We got no conviction but we both now have arreste records and also I lost my job!I am so devistated and worried that my husband will get deported!Our lives are ruined by these police officers and the witness that falsely said we were fighting and he called police!

I had sent out the I-485 and I-175 for adujustmnent of status and work permit 1 MONTH ago before this happened.

I have no job now but when I did the adjustment of status I was working full time but was fired for being arrested and not show up for work and that wasnt fair either.Im worried about my husband not being able to stay here in the united states cause immigration will find out about the arrest and we dont know what to do.Will USCIS find out I lost my job?I am desperatly looking for another but its not easy with an arrest record.And will my husband be deported for an arrrest and not convicted.They were dismissed but arrest is still on file.

We are so sad and so depressed after all the suffering waiting for each other and our lives were ruined by a witness that didnt tell the truth and police that wouldnt belieave us!

Please let us know what to do.Should we hire an attorney for my husbands misdemanor or write to Immigration ourselves and let them know what happned or keep quiet?.

Thankyou for any help you can give us we are so scared to loose each other......

[JimVaPhuong 4,863]

His AOS could be denied for any crime which constitutes an inadmissibility. In order to qualify as an inadmissibility, he would either have to be convicted of the crime, or admit having committed the crime. Since it appears he did neither, then his AOS should not be denied for this.

HOWEVER, you should obtain the police records of this incident since it could come up at the interview.

If you're still not working at the time of the interview then your affidavit of support could be rejected. If you find another job before the interview, and the wages are sufficient for you to qualify, then you should be ok based on your prior work history and your current job. If you don't find another job then you should have a joint sponsor's affidavit and evidence ready to submit, in case it's needed.

Get a copy of the police report, try to find a new job, get a joint sponsor lined up in case you need it, and you should be fine.

[bunnyrabbit8 0]

His AOS could be denied for any crime which constitutes an inadmissibility. In order to qualify as an inadmissibility, he would either have to be convicted of the crime, or admit having committed the crime. Since it appears he did neither, then his AOS should not be denied for this.

HOWEVER, you should obtain the police records of this incident since it could come up at the interview.

If you're still not working at the time of the interview then your affidavit of support could be rejected. If you find another job before the interview, and the wages are sufficient for you to qualify, then you should be ok based on your prior work history and your current job. If you don't find another job then you should have a joint sponsor's affidavit and evidence ready to submit, in case it's needed.

Get a copy of the police report, try to find a new job, get a joint sponsor lined up in case you need it, and you should be fine.

Thankyou so much for your help

My mother is 72 years old and is retired makes 500 a month on social secuirity but has over 100,000 in the bank after selling her house,will she qualify as joint sponsor?Her only assett is her car which is payed off.Thankyou for any help given we are desperate for any answers to our probelm... ..

[JimVaPhuong 4,863]

Thankyou so much for your help

My mother is 72 years old and is retired makes 500 a month on social secuirity but has over 100,000 in the bank after selling her house,will she qualify as joint sponsor?Her only assett is her car which is payed off.Thankyou for any help given we are desperate for any answers to our probelm... ..

The threshold for the I-864 is non-discretionary, which is a good thing. It means you have a clearly defined target to shoot for. The required proof that you meet this threshold is entirely discretionary, which is not so good. What a sponsor needs to prove is that they can maintain the intending immigrant at 125% of the poverty level, if need be. The primary evidence they use for this is the most recent year's tax return. When you have to bring in other "optional" evidence to qualify, then the immigration officer has more discretion.

Your mom's Social Security income is not likely to be increased in the future. At her current income level, she is well below 100% of the poverty guidelines for even 1 person. In order to maintain 2 people at 125% of the poverty level she would have to dig more than $12,000 per year out of her bank account. USCIS values assets at 5:1 for people who are not immediate relatives of the immigrant living in the same household, which means your mom needs $61,060 in assets in order to meet the minimum requirements. Technically, she qualifies with her combined income and cash assets. She would probably be accepted as a joint sponsor, but the immigration officer may consider her relatively low income level and her age in determining her ability to maintain the intending immigrant at 125% of the poverty level. The affidavit is enforceable until certain conditions are met, which could be as little as 3 years, or as long as the rest of their life.

If she owns only one car then she cannot use it as an asset for the affidavit of support. The requirement for assets is that it must be possible to convert them to cash (if need be) within 12 months without undue hardship or financial loss. Selling your only car would be considered an undue hardship. This is one example that is clearly explained in the I-864 instructions.

[bunnyrabbit8 0]

The threshold for the I-864 is non-discretionary, which is a good thing. It means you have a clearly defined target to shoot for. The required proof that you meet this threshold is entirely discretionary, which is not so good. What a sponsor needs to prove is that they can maintain the intending immigrant at 125% of the poverty level, if need be. The primary evidence they use for this is the most recent year's tax return. When you have to bring in other "optional" evidence to qualify, then the immigration officer has more discretion.

Your mom's Social Security income is not likely to be increased in the future. At her current income level, she is well below 100% of the poverty guidelines for even 1 person. In order to maintain 2 people at 125% of the poverty level she would have to dig more than $12,000 per year out of her bank account. USCIS values assets at 5:1 for people who are not immediate relatives of the immigrant living in the same household, which means your mom needs $61,060 in assets in order to meet the minimum requirements. Technically, she qualifies with her combined income and cash assets. She would probably be accepted as a joint sponsor, but the immigration officer may consider her relatively low income level and her age in determining her ability to maintain the intending immigrant at 125% of the poverty level. The affidavit is enforceable until certain conditions are met, which could be as little as 3 years, or as long as the rest of their life.

If she owns only one car then she cannot use it as an asset for the affidavit of support. The requirement for assets is that it must be possible to convert them to cash (if need be) within 12 months without undue hardship or financial loss. Selling your only car would be considered an undue hardship. This is one example that is clearly explained in the I-864 instructions.

hello and thankyou,

My mother has 62 thousand in the bank and makes 800 a month because my brother owes her money and he owes her an extra 70 thousand and has a contract that says she getting 800 a month from my brother till he pays her off.Is this good? thanks again and sorry to bother you,,hopeful I will have a job before in terview.How long do you think it will take for an interview the adjustment of stattus wsas filed one month ago and finger prints for biometric was taken 4 days ago......

Edited July 5, 2010 by bunnyrabbit8

[thongd4me 69]

Although you do have to mention the arrest in the AOS disclosure,

you should be able to get a document from the court that no charges

were brought and that the record has been expunged.

The comments of the "witness" do not constitute a conviction if I'm not mistaken...

What you can or can't get will vary depending on the local jurisdiction.

Expunge criminal record

[Rob and Jill 82]

Will USCIS find out I lost my job?I am desperatly looking for another but its not easy with an arrest record.

Why in the world would you tell anyone you have an arrest record? An ARREST is not a CONVICTION. Furthermore, if it were misdeameanor charges you are not required to tell future employers about it. 99.9% of the job applications out there say "Have you ever been CONVICTED of a crime?", and not "Have you ever been arrested".

I would also walk my rear down to the unemployment office and file for unemployment. On top of that you might have a case with the EEOC given that you did not commit a crime and were fired from your job. I can't imagine a place of business firing someone for missing work once though, so I would be cautious about calling the EEOC or anyone else if you have had other blemishes on your work history with that company.

[JimVaPhuong 4,863]

hello and thankyou,

My mother has 62 thousand in the bank and makes 800 a month because my brother owes her money and he owes her an extra 70 thousand and has a contract that says she getting 800 a month from my brother till he pays her off.Is this good? thanks again and sorry to bother you,,hopeful I will have a job before in terview.How long do you think it will take for an interview the adjustment of stattus wsas filed one month ago and finger prints for biometric was taken 4 days ago......

In your previous post you said she had $100K in the bank and had income of only $500 per month. Now you say she's got $62K in the bank, and she's getting an additional $800 per month from your brother. Forgive me, but it sounds like you're making this stuff up as you go.

I honestly have no idea whether an immigration officer would consider repayment of a loan to be qualifying income, since it will definitely stop coming once the loan is repaid. I know they wouldn't consider it an "asset" unless she could prove she could call in the loan with 12 months notice or less, and receive all the money he owed her.

Frankly, I think she's borderline as a qualifying sponsor. Many people receive twice as much Social Security as your mom, and still need help from family members to survive. A qualifying sponsor has to be able to support themselves AND the immigrant they are sponsoring. I think you're giving a lot of discretion to the immigration officer, and I think there's a pretty good chance he'll use that discretion to refuse her affidavit of support.

It's hard to say how long it will take before you get an interview. It could be as little as a month or as much as 5 or 6 months or more. Get a job as soon as possible.

[TheSahlis 10]

Why in the world would you tell anyone you have an arrest record? An ARREST is not a CONVICTION. Furthermore, if it were misdeameanor charges you are not required to tell future employers about it. 99.9% of the job applications out there say "Have you ever been CONVICTED of a crime?", and not "Have you ever been arrested".

I would also walk my rear down to the unemployment office and file for unemployment. On top of that you might have a case with the EEOC given that you did not commit a crime and were fired from your job. I can't imagine a place of business firing someone for missing work once though, so I would be cautious about calling the EEOC or anyone else if you have had other blemishes on your work history with that company.

I agree why would you tell them of an arrest, almost no jobs ask about arrest's and lots more only ask about felony convictions. Why were you arrested, that is very strange. Many states now have a arrest first policy when it comes to battery but never the suspected victims, that would be false imprisonment, you have to be charged with something. I would get a lawyer and first clear your names, and second go after your old job because being fired for one day missed especially under the stated circumstances is a bit extreme.

[VanessaTony 3,567]

On top of that you might have a case with the EEOC given that you did not commit a crime and were fired from your job. I can't imagine a place of business firing someone for missing work once though, so I would be cautious about calling the EEOC or anyone else if you have had other blemishes on your work history with that company.

Texas (not the OP's state) for example is a "right to work" state. You do not need a reason to fire someone. You just can. Just like the employee can quit without notice, and without penalty. I believe Iowa and Illinois might be as well. I think it's bullshit personally, but them's the breaks. We also don't know if the OP had other strikes on their record. We also don't know if the OP's contract (if there is one) or company have a "no criminals" clause or something. I would think without a conviction it's hard to "prove" (but the OP admitted such her post implies), but I know my husbands Uni would not permit even an arrest. You were booted out if you missed too many hours, or were arrested.

Edited July 6, 2010 by Vanessa&Tony