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Emma2

is there any way to apply for status adjustment with conviction

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Hello.

I am wondering if I can adjust my status since I am not in USA at the moment.

I was living in California for about 1 1/2 years and had a student VISA and was a full time student. I meet my currently husband and we got married after I was in USA for about more than 1 year on a student VISA. After out marriage his mother passed away in cancer and we were busy with funeral and didn't even think of any kind of adjustment. After 1 month my father passed away from a sudden heart attack in my home country and that was very shocking for me since I spoke to him 2 days before he died. I had to go to help my mother with the funeral and my sister since they were not feeling OK.

I tried to fly back to USA but was denied the entry on my student VISA by very rude officers that questioned me for hours and made a comment about my fathers name being "middle eastern" which according to them is very suspicious even though my father is dead(but he is not middle eastern) since I had his death announcements with me . They treated me very bad and sent me back to Sweden. They said since I had some minor conviction I can not enter the country.

I was wondering if I should make status adjustment or just give up the whole process since I heard that people with any kind of conviction or anything will never-ever get their paperwork in USA....I heard about cases I know9from friends) that were waiting for 15 years and throw away tons of money on lawyers and never got their paperwork....so in the end they just left the USA .

Thanks in advance for any reply!

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***** Moving from K3 to CR-1 forum as this is OP's best option *****

You cannot adjust status, to do that you would have needed to stay in the USA after the wedding until it is done. Your husband can petition you, so you can apply for a CR-1 spousal visa; the process takes 9-12 months if there are no problems.

Two questions:

- Did you overstay your student visa, or were you a student all the time you were in the USA?

- How many minor convictions, what and when?


Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

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Well, you have no status in the US currently (since you are not in the US) to change your status from

What was your minor conviction? When was it? Where was it? how long were you in the US? What was the exact reason for your denial of entry (father having a middle eastern name is not the reason they gave you), Has anything been written into your passport?

You'll need to fill in some blanks before we can help you

Your cause is not lost, it may be complicated but not lost

good luck


USCIS
August 12, 2008 - petition sent
August 16, 2008 - NOA-1
February 10, 2009 - NOA-2
178 DAYS FROM NOA-1


NVC
February 13, 2009 - NVC case number assigned
March 12, 2009 - Case Complete
25 DAY TRIP THROUGH NVC


Medical
May 4, 2009


Interview
May, 26, 2009


POE - June 20, 2009 Toronto - Atlanta, GA

Removal of Conditions
Filed - April 14, 2011
Biometrics - June 2, 2011 (early)
Approval - November 9, 2011
209 DAY TRIP TO REMOVE CONDITIONS

Citizenship

April 29, 2013 - NOA1 for petition received

September 10, 2013 Interview - decision could not be made.

April 15, 2014 APPROVED. Wait for oath ceremony

Waited...

September 29, 2015 - sent letter to senator.

October 16, 2015 - US Citizen

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Hello

I didn't overstay my VISA is valid until 2015 . I got convicted to do 80 hours of community service for some kind of solicitation which I didn't understand..but my father died few days after and I had to go and help out with the funeral. when I tried to re-enter to do the community work they denied me and told me to go back to Sweden and apply for some kind of visa-waiver since I had this arestment. Is there anybody that can recommend an immigration lawyer that is good for these kind of cases so I can ask. Thanks a lot !

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Go to the web site I pointed you to a couple of days ago and then look at their list of lawyers--they all handle complicated cases that require waivers--my favorate is Laurel Scott, but there are several there you can trust.

Or you can go straight to her.

www.scottimmigration.net

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The word solicitation is usually used regarding prostitution. If indeed this is what you were convicted off- whether you did it or not- it is very serious in terms of immigration. Definitely lawyer time.


Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

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Unless your conviction was indeed prostitution related, your husband who presumably is in Sweden with you (?) will petition for you as an immediate relative for an IR-1 visa via Direct Consular Filing (DCF) at the US Consulate in Goteborg. For that you guys don't need a lawyer; it's straight forward, everyday stuff. However, Uncle Sam is paranoid about sex, drugs and Rock'n Roll, so if what you were convicted of falls under one of those categories, expect to be introduced to Mr. Trouble,


There is no room in this country for hyphenated Americanism. When I refer to hyphenated Americans, I do not refer to naturalized Americans. Some of the very best Americans I have ever known were naturalized Americans, Americans born abroad. But a hyphenated American is not an American at all . . . . The one absolutely certain way of bringing this nation to ruin, of preventing all possibility of its continuing to be a nation at all, would be to permit it to become a tangle of squabbling nationalities, an intricate knot of German-Americans, Irish-Americans, English-Americans, French-Americans, Scandinavian-Americans or Italian-Americans, each preserving its separate nationality, each at heart feeling more sympathy with Europeans of that nationality, than with the other citizens of the American Republic . . . . There is no such thing as a hyphenated American who is a good American. The only man who is a good American is the man who is an American and nothing else.

President Teddy Roosevelt on Columbus Day 1915

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