LPR Holder in hot water

[LPRgal 0]

good afternoon VJ people, have a questions for a gent i work with.

His wife is currently a LPR for a few years now, she was stopped by CBP showing a criminal record. I asked him if she had a waiver when she got her LPR status. Sadly she did not. She was not detained and they let her in. But now he is worried about her Naturalization.

Any advice from the pros here? I didnt know what to say as I have never been through this type of problem.

they have 3 children (all USC) and he has been crying all day at work in fear she will be deported. They have not gotten any notices or anything...any ideas?

Thanks

Jamie

[canadian_wife 1,831]

Ok, questions

How did she get her LPR status? Did she disclose her criminal record then? What is the record?

Did she sign anything when she was let through? Where was she crossing?

good luck

Edited July 29, 2013 by canadian_wife

[LPRgal 0]

LPR was through marriage, i did ask if she disclosed and he said she did not apparently it was a theft charge from 10+ years ago. She was not asked to sign anything and this was at airport CBP

i am so very sad for him, he has been so upset all day.

[canadian_wife 1,831]

Has she already applied for naturalization? IF yes, there is a question on there about being arrested, what did she say?

good luck

[LPRgal 0]

she has not applied as of yet.

[Terry J 50]

she has not applied as of yet.

The wife shouldn't even try to apply for Citizenship at this point.

I think they need to consult a reputable lawyer in regard to her not declaring the past criminal record when they were applying for her immigrant visa and how it may now affect her LPR status given that CBP is now aware...

[Merrytooth 5,748]

The theft charge could be a CIMT, crime involving moral turpitude.

[LPRgal 0]

hey update VJers.

apparently the wife did end up calling an Immigration attorney. He told her that she MUST disclose the arrest on her N400 (obvious) and come with full disclosures to her appointment.

Also, he adivsed her to bring letters from her job (she has no employment) and friends/family endorsing her N400 approval (thats the first time i have heard that)

He said since the arrest was over 10 years ago, if she can show in the last 5 years she has been a person of good moral character she should be fine. Specifically told her to ensure she gets letters frmo the various charities she assists and so on. i advised her husband to go see a few more lawyers...just in case.

thanks

Jamie

[soundedguy 8]

hey update VJers.

apparently the wife did end up calling an Immigration attorney. He told her that she MUST disclose the arrest on her N400 (obvious) and come with full disclosures to her appointment.

Also, he adivsed her to bring letters from her job (she has no employment) and friends/family endorsing her N400 approval (thats the first time i have heard that)

He said since the arrest was over 10 years ago, if she can show in the last 5 years she has been a person of good moral character she should be fine. Specifically told her to ensure she gets letters frmo the various charities she assists and so on. i advised her husband to go see a few more lawyers...just in case.

thanks

Jamie

Normally, 5years is the time frame which one has to show a good moral character. Have in mind, arrests and convictions are 2 different things. The only arrest that can bar one from any immigration benefits are arrest which involves convictions and/or probation. Arrests by itself does not stop you from any benefit.