Jump to content
LAWest83

criminal record

9 posts in this topic

Recommended Posts

I am petitioning for my husband and step daughter and we are Aos for both. He came on B2 and her on VWP. I have read on USCIS website that initial evidence to submit with original application of I-485 would be any criminal record. But then I spoke with USCIS Customer service rep at the 1-800 number and he told me that we did not need to submit his criminal record as initial evidence but that depending on the officer who receives our case, at that officer's discretion , may ask that we submit the record at a later time, but the record is not required with original submission of I-485? Anyone with experience with this or knows any more? 

His criminal record is from 11 years ago, and only for kicking a football though someone's home window. 

Share this post


Link to post
Share on other sites

I'm curious how you petitioned AOS off a B2 (Husband) and VWP (His Daughter). I'm definitely missing something here. 


 
12/31/2015 - New Year's Eve 2015 Engagement
03/19/2016 - I-129F Package sent via Express Mail (Cashier's Check)

03/21/2016 - Notice of Receipt (Text/Email)

03/24/2016 - NOA1 Approval :dancing:

06/13/2016 - NOA2 Approval :dancing:

07/13/2016 - NVC Case received and Case # Assigned. YES!!!! :dancing:

07/19/2016 - K-1 document package arrives Tokyo, Japan Consulate

07/22/2016 - Packet 3 Received and Returned

08/07/2016 - Tokyo Embassy Interview...APPROVED!!! :dancing:

08/09/2016 - Passport & Visa Received from Embassy

09/29/2016 - POE San Francisco, CA

10/28/2016 - MARRIED!

11/09/2016 - AOS Package Received

11/18/2016 - Electronic I-131, I-765 NOA1, I-485 Biometrics Fee Acknowledged.

11/26/2016 - I-131, I-765 NOA1 Letters Received

11/27/2016 - I-485 NOA1 Received

12/14/2016 - Biometrics Done

02/11/2017  - RFE Recieved for EAD

02/13/2017 - Response to RFE Sent for EAD

02/21/2017 - EAD & I-131 Approved

03/01/2017 - EAD/AP Combo Card Received

 

 

Share this post


Link to post
Share on other sites

It is allowed. As long as the beneficiaries entered the country legally they can be petitioned and apply for AOS. Spoke with 4 different USCIS reps and 3 immigration attorneys and they all confirmed. They said "what USCIS is looking for is as long as they entered country legally and are immediate relatives of US citizen or permanent resident, it is allowed" 

Share this post


Link to post
Share on other sites

police clearance is not needed if adjusting while in country. nice little loop hole that i hope is fixed. he does however need to disclose any arrests convictions even if they are no longer on his record. if they find he lied by hiding them bad things happen.

 

they can file i130 and i485 concurrently to aos off if vwp or b2

Share this post


Link to post
Share on other sites
17 minutes ago, f f said:

police clearance is not needed if adjusting while in country. nice little loop hole that i hope is fixed. he does however need to disclose any arrests convictions even if they are no longer on his record. if they find he lied by hiding them bad things happen.

 

they can file i130 and i485 concurrently to aos off if vwp or b2

CBP and USCIS have copies of his criminal record from when he did his interview for his B2 visa. So they are aware of his criminal record. Does that make any difference?

Share this post


Link to post
Share on other sites

that is good since you can assume they are not worried about the convictions. also the bad things were only if he had not told them about the convictions. since he has it should not be an issue.

 

if either of them goes out of status you have to fill out the i485 supplement form för that person which has a fee of $1000. neither petition is linked to the other so either petition can be filed first. just mentioning this since daughter is on vwp so 90 days max and dad is on b2 with 180 days with the ability to extend.

 

good luck

Share this post


Link to post
Share on other sites
39 minutes ago, f f said:

that is good since you can assume they are not worried about the convictions. also the bad things were only if he had not told them about the convictions. since he has it should not be an issue.

 

if either of them goes out of status you have to fill out the i485 supplement form för that person which has a fee of $1000. neither petition is linked to the other so either petition can be filed first. just mentioning this since daughter is on vwp so 90 days max and dad is on b2 with 180 days with the ability to extend.

 

good luck

This is from the USCIS website.

IMG_5032.PNG

Share this post


Link to post
Share on other sites
31 minutes ago, f f said:

I guess not then. when I read the first paragraph of the instructions is seemed to me that if you were out of status it was needed.

I can understand that. A lot of the forms are confusing. I kinda feel like it's survival of the fittest filling these things out, haha. 

I think it would be true to supplement if for parents or other immediate relatives, but for spouse and child it's just the I 485

Edited by LAWest83

Share this post


Link to post
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.
×