Jump to content
csj50

Husband applying for I-485 with previous conviction...help!!

 Share

37 posts in this topic

Recommended Posts

Filed: Timeline

I am a U.S. citizen, husband is French, and here on an F-1 visa. He had a prior conviction back in his home country that occurred 7 years ago, for group robbery (his friends stole items from a friend's apartment, and was returned, but the victim still pressed charges). His final sentence was jail time of four months, but he did not have to serve, just pay fines and remain on good behavior, which he has. He was never in trouble with the law before or after. His police record is free of everything.

We sent the lawyer of a translated copy of the court disposition a week ago, and she wants to have a phone conference next week to discuss "implications" his conviction may have on his AOS- they haven't submitted the applications yet, although we wish they just would. We are soooo, so anxious as just getting documents for the I-485 was a huge pain and took MONTHS of waiting, plus, he would like the chance to visit his family this summer and obviously needs the documents to do so.

What are the chances that the I-485, and the documents for employment and travel authorization will or will not work out? And what "implications" could this mean? ANY opinions will be appreciated!!! Thank you!

Link to comment
Share on other sites

Filed: K-1 Visa Country: Wales
Timeline

So he got a waiver for his F1?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Link to comment
Share on other sites

Filed: K-1 Visa Country: Wales
Timeline

He had his criminal history when he applied for his F1.

To get a F1 with that history he would have needed a non immigrant waiver, D3 is what it is called.

An immigrant waiver is a bit different but having the approved D3 obviously helps.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Link to comment
Share on other sites

Filed: Timeline

I don't know that the incident actually went on his criminal record, the judge basically said pay the fines, don't screw up, or else you'll have to serve the jail time if you do mess up again. His criminal record that we have says "no history."

How much will this affect his I-485 getting approved?

Link to comment
Share on other sites

Filed: K-1 Visa Country: Wales
Timeline

Nobody can tell you the impact without knowing his history.

When he applied for his F1 he would have had to declare his criminal past. From what you have said it would have required a waiver.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Link to comment
Share on other sites

Filed: Timeline

Actually, I'm pretty sure he obtained his visa before he went to court. His court date was a few months after the incident, and he was in the U.S starting his studies maybe a month after the court date (I would think he received his visa before the court date?). Perhaps that's why there's no D3. Not sure though.

Link to comment
Share on other sites

Shouldn't he answered yes on the DS-160 form for the Security and Background Information question:

Have you ever been arrested or convicted for any offense or crime, even through subject of a pardon, amnesty, or other similar action?

Done with K1, AOS and ROC

Link to comment
Share on other sites

Filed: K-1 Visa Country: Wales
Timeline

They usually do not do background checks for non immigrant visas, well not of that sort.

They do ask if you have been arrested etc.

He should be able to remember if the arrest was before or after he obtained the visa and what was said. Hardly something that would slip your mind!

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Link to comment
Share on other sites

Filed: Timeline

Shouldn't he answered yes on the DS-160 form for the Security and Background Information question:

Have you ever been arrested or convicted for any offense or crime, even through subject of a pardon, amnesty, or other similar action?

He honestly doesn't even remember what the DS 160 is and does not remember being asked questions about his arrest...all he remembers is going to Paris to go to the embassy for his F-1. We think that the application happened before the incident because he would not have lied about something like that.

The incident happened in July 2008, and court date was in January 2009. Was in the States shortly after.

Link to comment
Share on other sites

Filed: Timeline

They usually do not do background checks for non immigrant visas, well not of that sort.

They do ask if you have been arrested etc.

He should be able to remember if the arrest was before or after he obtained the visa and what was said. Hardly something that would slip your mind!

He was never arrested. After the incident happened, the victim didn't even call the cops right away. A few days after it happened, my husband received a phone call from the police (or court, some sort of authority) that he was being charged.

Link to comment
Share on other sites

Filed: K-1 Visa Country: Wales
Timeline

There are things that people forget about for a non immigrant visa that then bite them in the but for immigrant status.

Probably what your Lawyer is concerned about.


I should have added that there is a waiver for the CIMT, Lawyer probably thinking a Misrep charge will be slapped on as well.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Link to comment
Share on other sites

Filed: Timeline

There are things that people forget about for a non immigrant visa that then bite them in the but for immigrant status.

Probably what your Lawyer is concerned about.

I should have added that there is a waiver for the CIMT, Lawyer probably thinking a Misrep charge will be slapped on as well.

What is the misrep charge and the waiver? I'm also very surprised that the attorney has not mentioned this at all to us...even if she means to, she has known from the very beginning about his conviction.

Also, our attorney had mentioned "Whether a crime is for a CIMT depends on the statute of conviction and the sentence imposed, as well as relevant case law. Robbery is generally considered a CIMT. There is an exception however if the maximum possible penalty for the crime with which the individual was convicted, did not exceed imprisonment for one year AND the individual was not sentenced to a term in excess of six months." Now, his term was for four months and like I said earlier, he didn't serve any jail time, just paid fines...so, does this help our case at all?

Link to comment
Share on other sites

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...