Criminal History in Home country

[Victor1760 0]

Hi Everyone,

 

Can you guys help me here please?

 

1) We applied for I-130 (Counsellor processing) now I am in US, my wife got pregnant - can I move my application to AOS?

 

2) I have a pending criminal case in my home country will that show up on my I-130 or AOS? How? Which background check?

 

Should I leave my job and stay in US or go back to the Home country ?? The pending case would take 6-7 years to resolve 

 

[TNJ17 1,329]

You need to get a lawyer. 

[Victor1760 0]

1 minute ago, TNJ17 said:

You need to get a lawyer. 

I know but the problem is not every lawyer is smart enough to handle situations like these.

[TNJ17 1,329]

I don’t know what your history is, but I do know that you will not be able to do anything without a lawyer given your situation. So shop around. 

[ASMS 86]

You will need to provide your criminal records at the interview (at lest). So yes, your criminal history will be showed. Certain countries do not issue this document when the person  have a pending case

Also, take in count that for certain crimes you need waivers in order to get the green card.

Edited January 3, 2018 by ASMS

[Victor1760 0]

1 minute ago, ASMS said:

You will need to provide your criminal records at the interview (at lest). So yes, your criminal history will be showered. Certain countries do not issues this document when the person  havew a pending case

Also, take in count that for certain crimes you need waivers in order to get the green card.

 

 

Thank you you for your reply. But the thing is if I tell them then they would tell me to go back to Russia and apply when the court case is over and I can’t leave my wife pregnant for like 7-8 years. I am just accused and not arrested or have any convinction, it’s moral turpitude. 

 

If I get a police clearance certificate from my Home Counties police station - does that work?

[ASMS 86]

I'm sorry that you are in that situation, however, criminal records are not optional, everyone must provide that information.

This may help to understand the grounds of inadmissibility, since moral turpitude is one of them

https://www.uscis.gov/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-29/0-0-0-2006.html

 

About the police clearance, you'll need to check if it's ok on the list of documents According to your home country.

At least for my country, only criminal records are valid, nothing else.

Edited January 3, 2018 by ASMS