Chin_Moxam

thank you Jawaree for the info; i am seeing glimmers of hope. Will update on progress as it becomes available.

Exactly! This makes no sense! He was arrested in 2011 for the simple assault, they wouldn't give him bail, (assuming due to pending status adjustment, when he missed the appointment of course at that time bail is not an option until case was finalized) in turn he missed his appointment for adjustment (from temp to permanent green card)so they kept him until we found a different lawyer (other one quit because he was in jail and missed the appointment) then he got denied March 2012 then given VD May 2012. For about 9 months (before the denial) the judge kept saying "you all have nothing on this young man why is he still in here?" "Work it out and get him out, you all keeping coming to court unprepared" long story short! I assume it all boils down to a lawyer that wasn't the best, who wasn't successful getting his status adjusted so now we end up here!

Through fault of his own of course is why he missed his adjustment status, wrong place wrong time (simple assault) arrested and miss his appt which he would have never missed and has never missed in the past.

At the final hearing the judge still tried to save him as he was deemed in good moral standing but fell 6 mnths short of being in this country for 10 years. So he had to go.

Thanks for the responses, I figured we should contact a lawyer sooner than later (lol the interview in about 2 months away so we are late already) so I did and will follow up with a few tomorrow. So far am hearing yes and no. May I have Liz cannon contact please I couldn't locate it.

Here is what I heard so far (lawyers): presences is not an issue as he left timely with the VD that was granted. The issues might obviously be the arrest. But am confused as to how those would be the issue ( i didn't get a response that make sense) he has documentation from the judges (signed) stating that the simple assault cannot be held against him for immigration purpose and he was held in ICE for 13 months pending the outcome of his green card which was denied March 2012, so if he was approved that conviction would have meant nothing. He was removed due to denial, (then he was given VD) and for his arrest, the first one the judge said to the officer "why did you lock him up? Fine him and let him go" the 2nd time there was going to be a lawsuit as it was false arrest and the officer lied the entire time. When it got to court the judge literally blast the cop and threw it out so no convictions there.

Yes!!!! He was arrested I get that! Technically two were false arrest and the simple assault was a conviction (it was actually two years probation not 6 months) and he had documents to show per the judge that it cannot be held against him. what the lawyer didn't clarify for me was, would there be a problem at the interview????? I will hear what the others say tomorrow. And I will update so if anyone else is going through this you will have an idea of what to do?

Appreciate the feedback, at this point we will just wait and see what happens at the interview, because I am researching all waivers that would apply and I am confused as to where he would fall, they are so vague. It would be nice though for someone who has been through this to offer some insight as to what they have been through that would be beneficial to us.

Thanks for the response however I missed a few points. He has been in the country since 2002 legally, the 2009 incidents he was legal (temp green card), the 2011 incident he was legal (temp green card) he was denied March 2012 so he became unlawful that is only 107 days so that does not trigger any type of ban as that is less than 180 days. When he came in 2002 he overstayed his visa but got married in 2004 and became legal, he never had a problem until 2012 when he was given VD by the judge. He got divorced 2010 which messed his process up as he try to complete the process on his own. So from where I stand I am confused as to whether or not he might need a waiver. This is why the lawyer said he wouldn't need a waiver as he was not unlawful for 180 or more days. But with the arrests (which at the time I didn't mention to the lawyer) will he need a waiver?

Hello all,

I am wondering if anyone can please offer me some insight to this issue. Currently my husband is about 2 months away from his interview in Jamaica our case is almost hopefully completed at NVC. The issue is I am wondering if he needs any waivers and which one. I spoke to a lawyer before I filed his I130 in May 2014, and I was told he doesn't need a lawyer as he was only unlawful for 107 days, BUT I don't know if I believe this. First off he was arrested 2 times in 2009 for being around person with weed. Never charged, never served time. AND in 2011 he was arrested for simple assault and for this he received 6 months probation. Now because his green card denied in March of 2012 he was given VD and he left 107 days later July 12, 2012. He was in ICE for a total of 13 months before he left. Mind you when he was arrested for the simple assault they took him straight to ICE even though his case was processing for his green card. Am confused, stressed and lost as this might prevent him from getting a visa at his interview. Any thoughts, advice, experiences to share???? Thank you!