Lawyer for AOS Case? - Shoplifting Charge

[BrianofHamilot 0]

Hello!

 

My wife and I are recently married and preparing the AOS paperwork based on this Visa Journey guide: I-130 Petition and Adjustment of Status Guide. My question is about whether we it is important we have a lawyer present for the interview, given that she was arrested for shoplifting in 2013.

 

My wife lives and works in the US on an F1 visa which expires end of JAN 2023. Her work offers free legal counseling services through MetLife, but our lawyer will charge us $2,000 to attend the USCIS interview. She has been to Vietnam and back and renewed her visa multiple time since this charge, and the consulate was aware of it. The charge was expunged, but we understand that doesn't matter.

 

We already paid the lawyer a research fee, and he told us that she is NOT inadmissible for a CIMT because it meets the petty offense exception. She was not charged so she did not receive a sentence, and the maximum sentence for the charge would have been 364 days. He told us this charge should not be a big deal.

 

The lawyer is available for questions and help preparing our paperwork under my wife's MetLife plan, but he is strongly recommending we pay him $2,000 to join us at the interview because he believes USCIS will have questions about the charge, despite it meeting the exception for a CIMT. He said that under normal circumstances he wouldn't pressure a client to accept that service. Is this a serious issue we'll need a lawyer to help represent us for during the interview? If it will make a difference the $2,000 is worth it, it's just hard for us to know if that's really something we need.

 

Thank you for any input or advice you may have!

[Timona 4,207]

You don't need a lawyer. 

Just supply that expunge document 

[Unlockable 7,315]

***Topic moved to  "Adjustment of Status from Work, Student, & Tourist Visas" section of the forum.

 

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