1-485 expert needed PLEASE!

[Mrstate 1]

if its going to be on his record then yes u have to tell it on the form because one way or another they will find out, if they can find people from other countries who did secret marriage then get married here to a USC and file for petition then yes its more likely for them to find it, USCIS investigates every person submitting an app, I know what your husband did was a wrong but you can explain it on a piece of paper along with the corresponding number of the question, you can explain to them what happen and why he did it, and also I suggest to contact a lawyer soon just to be safe so you can file your I-485 asap specially your husband being in jail and out of status.

[LongJourney4Love 0]

@ Darnell - Thanks for the logic of determining the concrete issues in a list form. It helped to think of the situation itself and take emotion out of it.

@ JustBob - My husband didn't ram anyone and take off, lol! The alleged victim was a passenger in the car. My husband drove into a bunch of bamboo shrubs/trees and caused property damage, to which the homeowner has yet to even file a claim to the car insurance company. Both my husband and his former friend were perfectly fine! As stated, the "friend" refused treatment and went home, released by the ENT's with nothing wrong. Receipts of a follow up visit to the doctor stated nothing was injured as well. And I honestly can't tell you what the Prosecuting Atty had, only the police report, which didn't state anything damaging. Our atty said that b/c of the new political team of people recently voted in last year, everyone is being more strict. Yep - church goers. We had recently attended a great weekend marriage seminar as well. Honestly, he is sorry he left, but was just scared. I can't say what I would have done, had I been in a different country. I just don't know!

@ JimVA Phuong - It was one felony count charged as "withhold adjudication" and probabtion time served in jail, plus my atty agreed to a few extra months so he wouldn't be charged as "guilty" and one misdemeanor charge with time served. His sentence will be up in one month.

1) Will I be able to go pick him up from jail with the I797 when his time is up?

2) Or can I make an appt myself with the local Immigration office to find out what my next step is?

I called the Immigration atty and they are not returning my calls. Someone told me they are upset because I received the I797 Approval, instead of them receiving it, because now I can proceed without their help. I was the one who filed the I130 and did all the work. They weren't even involved at that point. But I don't know how to proceed anyway!

[JimVaPhuong 4,863]

@ JimVA Phuong - It was one felony count charged as "withhold adjudication" and probabtion time served in jail, plus my atty agreed to a few extra months so he wouldn't be charged as "guilty" and one misdemeanor charge with time served. His sentence will be up in one month.

State of Florida, eh? They're pretty much the only state that uses "withheld adjudication". Unfortunately, under federal guidelines a withheld adjudication is equivalent to a conviction - the accused is considered guilty because they were sentenced for the crime. What's more, even he finishes his sentence and the judge enters the final verdict as "dismissed", his FBI record will still indicate a conviction. This will be true even if his record is expunged. The FBI never forgets, unfortunately.

1) Will I be able to go pick him up from jail with the I797 when his time is up?

2) Or can I make an appt myself with the local Immigration office to find out what my next step is?

I called the Immigration atty and they are not returning my calls. Someone told me they are upset because I received the I797 Approval, instead of them receiving it, because now I can proceed without their help. I was the one who filed the I130 and did all the work. They weren't even involved at that point. But I don't know how to proceed anyway!

I have no idea what's going to happen. The I-797 for the I-130 doesn't afford him any sort of immigration status, nor can it be used as a basis for a stay of deportation. It only means he's eligible to apply for a visa. Since there's an immigration hold I would suspect he might be released into ICE custody to await deportation. Filing the I-485 might stop that, but there's a good chance the I-485 would ultimately be denied because of the felony conviction.

Can you patch things up with that immigration lawyer? I suspect you're going to need their help.

[Mrstate 1]

I am not aware that people convicted of felony cant apply for aos, your husband situatiin is different he might have a record of felony but its not like he murdered someobe or rob a bank or sold drugs that would make him a danger to the society, try to consult an immigration atty. So u can file his aos it would take about a month till u get noa that would save him from deportation, noa is what they give u

I am not aware that people convicted of felony cant apply for aos, your husband situatiin is different he might have a record of felony but its not like he murdered someobe or rob a bank or sold drugs that would make him a danger to the society, try to consult an immigration atty. So u can file his aos it would take about a month till u get noa that would save him from deportation, noa is what they give u

[Mrstate 1]

I am not aware that people convicted of felony cant apply for aos, your husband situatiin is different he might have a record of felony but its not like he murdered someobe or rob a bank or sold drugs that would make him a danger to the society, try to consult an immigration atty. So u can file his aos it would take about a month till u get noa that would save him from deportation, noa is what they give u when they received ur application and everything looks complete and filled out correctly, then they send u biometrics, then it will be touched then reviewed and if they need something more they send u an rfe so yeah it would be a few steps till it gets to the point someone really read it and see whats missing, i already did my biometrics before the send me an rfe for my tax returns

[Mrstate 1]

I apologize for the double post and typo im using my phone

[JimVaPhuong 4,863]

I am not aware that people convicted of felony cant apply for aos, your husband situatiin is different he might have a record of felony but its not like he murdered someobe or rob a bank or sold drugs that would make him a danger to the society, try to consult an immigration atty. So u can file his aos it would take about a month till u get noa that would save him from deportation, noa is what they give u when they received ur application and everything looks complete and filled out correctly, then they send u biometrics, then it will be touched then reviewed and if they need something more they send u an rfe so yeah it would be a few steps till it gets to the point someone really read it and see whats missing, i already did my biometrics before the send me an rfe for my tax returns

An alien convicted of an aggravated felony is deportable. An AOS application will usually result in a stay of deportation, but it doesn't necessarily mean an alien who is already in ICE custody will be released.

I agree that the OP needs an attorney - one who specializes in criminal immigration and deportation cases.