US Immigration from Canada

Hello,

My wife and I were hit hard by a big surprise: we went to the AOS interview this past Thursday (May 5) only to be told, at the outset, that I would have to come back, alone, in a month or two for a second interview regarding my criminal history. The officer strongly recommended "off the record" that I come with an attorney. This would be the first time we'd be using the services of a lawyer in this entire process. It's related to some of the questions I answered (truthfully and honestly) on I-129 three years ago. I admitted to marijuana use and being arrested once for assault, all in my home country. This was in my teenage years, almost twenty years ago. The assault charges were completely expunged, and all I got for marijuana use was a $70 ticket on one occasion. All this was before my eighteenth birthday, and in Canada, under the Youth Criminal Justice Act, such "summary offenses" (misdemeanors) are wiped from your slate once you turn eighteen.

The USCIS officer was satisfied that we had a bona fide marriage and told my wife she would not need to come back a second time. In other words, next time it would need only be myself and an attorney. They are going to seek grounds of inadmissibility based on these things I did as a teenager. (I have no criminal record and have undergone five or six background checks in the past few years, both for employment and immigration purposes.) The officer led me to understand that they actively seeking a reason to throw me out, and so I will definitely need legal assistance.

I have come to understand that I will need to obtain what's called a waiver of inadmissibility. But apparently this waiver is very hard to obtain. I will be hiring a lawyer in any case, but my question on this forum is the following: have any of you had such experiences before? I did not know this would become an issue only now, so close to the end of the process. I would have expected them to have raised the issue earlier. For those of you who have had such experiences or know of others who have had them, do you think I stand a chance, provided I adequately prepare my case with an attorney and he/she come with me to the second interview? I have also heard they weigh the pros and cons of denying me entry. We have two small children and my wife just quit her job to be home with the kids. My deportation would impose years of severe emotional and economic hardship on my family.

Note: I understand none of this constitutes legal advice; I'm just asking if anyone else had been through something similar.

Thank you very much.

Hi Everyone,

I am trying to figure out what to do as my CR-1 is approved and I have bunch of questions, hopefully I get some clarity without spending money on legal fees

1). How does the activation work? I have canadian passport and sometime I just drive to states to eat at Cheesecake factory. Do I have to specifically tell them that I have a visa and I want to activate it?

2). I have lot to wrap up in Canada before I am fully move, is it legal to activate and come back within a week? Do I disclose this at the border?

3). I can activate it from border? including the rainbow bridge? Do I need to get out of my car?

4). If I move on my last month, and for some delays I don't get my greencard by Nov. Can I still fly to india and come back to usa? without greencard? (I have Canadian passport and OCI)

thank you in advance everyone

Cheers,

Hi. My wife is Canadian and the interview is June 10th in Montreal. Our flights go out of and return to Seattle. She will not have her passport on the return flight. How does she enter the US and Canada without her Passport while it's being processed? Thanks

Applied Sept. 14, 2021, got interview notification for June 13, 2022.

The interview is at the field office closest to me, which is a 5 hour drive each way. I would really, really, like to have a same day oath ceremony as well, or at least next day? I have to drive, take time off work, get a place to stay, all that, so I really, really would like to get it all done in one shot.

Is there anything I can do before the interview to hopefully get that accommodation, or is it just luck when I get there?

Field office: Portland, OR