conviction in country and don't qualify for exception

[rakuen82 0]

Hi everybody

Im on the process of adjusting my status from a visa waiver, im maried with a usc, but i have in a big trouble and i don't know what to do,

i have my apointment for the biometrics soon, but when i sent my i485 form i forgot an old arrest i had in my country in 2004, its was a misdemeanor but fall under

crime involving moral turpitude here in the usa. I saw the petty exception but i don't qualify for it, i never had a sentence of 6 months or more just fews hours of community works, this is my only crime, but the possible sentence in my country for this is 5 years.

I called the court, they told me that since it was a long time ago everythings has been destroyed and they can't send me anything about that, i just had a paper who said that i did my community service and the case is close.

Nothing has never been reported on my criminal record cause the judge said it was not necessary. But when i was in the police office to explain what happen before to go to the court they took my fingerprints and pictures, so i know they are going to have a hit during the biometrics, and i dont want to lie about that, i want to amend my petition during the interview, i have a apointment with a lawyer on monday to discuss about that.

But since i don't qualify for the exception and don't have anything about this case, i don't know what a lawyer is going to do.

If someone had a similar situation or some advices, please tell me. Thank you so much

[JayJayH 546]

Your problem may be a lot bigger than simply amending a petition.

When traveling on the Visa Waiver Program, you checked off a box in your ESTA form that asked if you have ever been convicted of a CIMT. To get ESTA approval, you must have ticked "No." If you had ticked "Yes" the ESTA would not have been approved, and you would have had to apply for a B-2 visa.

This falls under willful material misrepresentation, and even worse, you obtained an immigrant benefit through this misrepresentation. You should have never been admitted under the VWP as you were ineligible for it to begin with. Obtaining an immigration benefit through willful material misrepresentation is a deportable offense, and carries a lifetime bar from re-entry. Getting a waiver from this is very difficult.

This is not DIY, you need a qualified immigration lawyer ASAP, preferably before you attempt to do anything else. Make sure your lawyer is competent and has experience in handling both CIMT, and misrepresentation cases.

Best of luck.

Edited November 15, 2013 by Yang-Ja

[Harpa Timsah 13,258]

Yes, you have really screwed yourself. Get an excellent lawyer, pronto. You will be denied for CIMT, misrep on both ESTA and your forms.

[rakuen82 0]

Yes, you have really screwed yourself. Get an excellent lawyer, pronto. You will be denied for CIMT, misrep on both ESTA and your forms.

I understand, now im in a big mess, i have my biometrics on monday and apointement with the lawyer too, but i think im gonna send a letter today to cancel my process and go back in my country and wait fews months to start something else if i can.

[JayJayH 546]

I understand, now im in a big mess, i have my biometrics on monday and apointement with the lawyer too, but i think im gonna send a letter today to cancel my process and go back in my country and wait fews months to start something else if i can.

I cannot stress this enough:

DO NOT DO ANYTHING UNTIL YOU CONSULT WITH A LAWYER.

Do it TODAY. If you have both the biometrics and an appointment with your lawyer on Monday, call him NOW and let him know that it's URGENT.

[JayJayH 546]

And make sure your lawyer is prepared to fight both CIMT and misrepresentation.

[dwheels76 5,468]

I understand, now im in a big mess, i have my biometrics on monday and apointement with the lawyer too, but i think im gonna send a letter today to cancel my process and go back in my country and wait fews months to start something else if i can.

The worst thing you could do is leave the country don't do it. See lawyer and work from there. Cuz living you will probably never get let in. Its harder to kick people out than let them in. Just breathe and go see lawyer.

[Harpa Timsah 13,258]

The worst thing you could do is leave the country don't do it. See lawyer and work from there. Cuz living you will probably never get let in. Its harder to kick people out than let them in. Just breathe and go see lawyer.

Yes, but he entered on VWP, which gives no appeal from a denial. Furthermore, he was not eligible to use VWP and he used it by lying, so I am sure they can deport him lickety split.

[JayJayH 546]

The worst thing you could do is leave the country don't do it. See lawyer and work from there. Cuz living you will probably never get let in. Its harder to kick people out than let them in. Just breathe and go see lawyer.

Yes, but he entered on VWP, which gives no appeal from a denial. Furthermore, he was not eligible to use VWP and he used it by lying, so I am sure they can deport him lickety split.

Yep, anyone entering on the VWP agrees by default to waive any right of appeal.

Lawyer. Now!

Edited November 15, 2013 by Yang-Ja

[devo6786 10]

Please send me a PM- My wife is a lawyer and will help (not soliciting, she does pro bono work when necessary)