Applying I-485 with arrest and petitioner deceased (died)...

[jks123456 0]

I came to US on F1 student visa in dec. 2006. My mom applied I-130 in june 2008. Got I-797 approved I-130 petition in june 2009 as an unmarried child (under age 21) of US citizen. I was arrested in Oct. 2008 for Retail fraud theft 2nd degree in Michigan,jailed for 1 day. Appeared in Court on march 2009. Pleed guilty, payed fine, 1 year probation, 3 days community service. Case closed in march 2010. In dec 2011, my mom died of cancer. Now i want to apply for status adjustment. I know my dad (permanent resident) or brother (US citizen) could become my substitute sponsor. But what kind of trouble am I in? What are my chances of getting green card ?

[reese1 68]

Here is a document from USCIS website about your exact situation.

http://www.uscis.gov/err/H2%20-%20Waiver%20of%20Inadmissibility%20-%20Criminal%20-%20212%20%28h%29/Decisions_Issued_in_2009/Jan232009_04H2212.pdf

[jks123456 0]

sorry but that link you gave me is very complicated. I can't figure it out still.

Thanks for the help though :/

[FilH 0]

Here is a document from USCIS website about your exact situation.

http://www.uscis.gov/err/H2%20-%20Waiver%20of%20Inadmissibility%20-%20Criminal%20-%20212%20%28h%29/Decisions_Issued_in_2009/Jan232009_04H2212.pdf

I'm not sure that is the exact situation. The OP was convicted once, and has finished probation successfully. The pdf file you posted shows a case in which the person was convicted more than once. Of course there is still a conviction so they may still deny the petition. I would recommend in this case to speak to a lawyer. The will better be able to help you in this kind of matter.

[LIFE'SJOURNEY 970]

Note when his mother the petitioner died so did his petition. The father or broher needs to petition him unless they have filed a wavier on his mothers behalf. See a lawyer fot advise. Yes, his conviction of guilt will have an impact on his petition.

[himher 634]

The attached link says that theft falls under crime of moral terpitude and makes you ineligibile for admission to the United States.

It says that a person convicted of theft, the crime of moral terpitude, was not eligible for a waiver even if he was the sole supporter of a wife and young children

Hope that helps you understand.

sorry but that link you gave me is very complicated. I can't figure it out still.

Thanks for the help though :/

[ceadsearc 516]

Have you maintained your F-1 status the entire time?

[Jahwaree 83]

You and dad speak to a waiver atty and talk to more that one, good luck

[Penguin_ie 5,994]

**** Moving from AOS from Family to Effects of Major Changes as petitioner died ****

What happened between the time the petition was approved in 2009 and the time your mother died? Since you were under 21 at the time, there should have been no waiting and you should have had your greencard long before your mom died.

How old are you now?

[Hypnos 6,576]

Note when his mother the petitioner died so did his petition.

This hasn't been the case for a couple of years.

Per http://www.uscis.gov...ng-Relative.pdf if a relative who sponsored an I-130 dies then the petition can live on, under certain prescribed circumstances. Unfortunately for the OP, one of those circumstances has to be that their I-130 was adjudicated on or after 28th October 2009; the OP stated their I-130 was approved in June 2009, so this relief does not apply.

Additionally, the OP has issues arising out of their theft conviction, which is usually deemed as a CIMT for which a waiver is required.

Either way, without having a pending / approved I-130 you cannot file for a green card. You should consult with an AILA-certified immigration attorney at your earliest opportunity, but I'm not sure there is much you can do.

Edited December 18, 2012 by Hypnos