Jump to content

JL & ML

Members
  • Posts

    64
  • Joined

  • Last visited

Everything posted by JL & ML

  1. Oh my goodness, thank you so much. So glad I asked! Perfect!
  2. OK, so I did the online part. But my wife has to fill in a form and mail it in to USCIS? Again, everything is basically done for us, I have my ten-year green card...
  3. Hi, I went online a few days after moving to change my address with USCIS (using my online USCIS account). It was pretty simple. I got an e-mail from USCIS-CaseStatus@dhs.gov saying that the request to change address was sent successfully. Do I have to do anything else? There was also something about form AR-11. Do you know if that has to be mailed in, too? Best regards and thank you.
  4. Hi @Villanelle thanks again. Basing myself on what I disclosed on I-485, in spite of all this the officer still felt I had a chance and invited me to come back with a lawyer, otherwise he would have denied me right then and there. So that's the only thing that's making me hopeful (and it's the only chance I have, anyway). I stopped using in 2006 or 2007. I know it's hard for people to believe that people can change, but I truly did change, my life was transformed, call it what you will, but I'm not the person I used to be. There's no legal term for that maybe, but it's the truth. Duly noted! I am hoping this can be at least considered a factor. In Canada, under the Criminal Youth Justice Act,, *most* offenses, if any, are wiped from your slate once you turn eighteen. I just spoke again with the court today, located in Ontario, where I had my appearance, and in spite of all the information I provided them, they still couldn't find anything on me. Maybe it's just a paper file buried away somewhere and hard to find. Interesting, thank you. Helpful. I don't know why he would tell me to come back and bring an attorney unless he meant what he said. I mean, if USCIS has already decided to expel me from the U.S. for mistakes I made when I was a teenager, deemed serious in their eyes but committed by a person very different from the one I am today - I understand they're under no obligation to do anything and that my being here is a privilege, not a right; they have their own designations as to the seriousness of things, but again - if they deem these teenage mistakes of mine committed 15 to almost 20 years ago to be grounds for inadmissibility, and they've already made their decision about denying me permanency, then why not deny me immediately and order me to leave the country? It's a special form of malice to make your enemy think he has a chance, just to watch him struggle and squirm before you utterly annihilate him, and I don't suppose this to be their intention here. The officer looked me right in the eye and said, "Come back with a lawyer. I really recommend it." I have to take him at his word as it's all I have to go by, and that means if I bring a lawyer, I have a chance to stay in this country and not be indefinitely be separated from my new family and be the cause of years of emotional and financial hardship for them. My wife wants to be there, too. She will come. We might even bring our two children, aged sixteen months and four months. And if I can bring character witnesses, I will definitely invite friends and family members, too.
  5. Thanks, I just asked again today, my mom found all the old police documents from so long ago, I sent them to the court, they said they still didn't find anything; again, as you said it might be because they are not willing to rummage through paper files. At any rate, lawyer up! It will work out
  6. Dear @Villanelle, thank you so much for your detailed and thorough reply! I apologize for the lack of clarity. We were hit by so many things at once - COVID first, which hit everyone and added unbelievable complexity to people's lives... plus two small children, job changes, and I'll spare you the rest, just ordinary setting up a new life in a new country with a new spouse. Looking through the files I sent USCIS yesterday, I found some inconsistencies, which explains further their confusion (and also lends favour to the "use a lawyer from the start" argument). I almost thought it was a hopeless case yesterday, but I also know the USCIS officer at the interview has the authority to approve or deny the permanent residency on the spot, and so if he said come back for a second interview, indeed we are being given grace here. Thank you for all the useful points, I they are all gold. I don't remember anything about drug use at the medical. Was there a questionnaire? Again, at any rate, it was so long ago, and so I know no traces were found. My medical went through without a hitch, and I didn't hide anything, I simply followed the instructions to a tee. Yes, we were so overwhelmed, not everything was as consistent as I thought, in spite of how thorough we were. Having a lawyer from the start would have helped us prepare better. Good catch. The arrest for assault and subsequent discharge was in 2004, so almost twenty years ago. Correct, marijuana use went on until 2006 or 2007. As regards the fine for smoking marijuana in a park, what I meant was that in U.S. parlance, it was considered an infraction in Canada's eyes, not a misdemeanor, since the only condition was the payment of the fine; no court appearance, no jail time, etc. No trouble at all. Yes indeed; in fact we are already past the two-year mark for marriage/green card/ROC! Thank you for this helpful reference - will look there today.
  7. Thanks very much for your prompt reply. Yes, I'm sorry, I realize I used the wrong term, nothing was expunged; I believe the term in Canada was "unconditional discharge." Complete exoneration. Don't know what else to call it. It was so long ago. I think so, too. I was wondering the same thing. All this dates back to our I-129F three years ago. The lady at the K1 interview did bring it up briefly, but it was along the lines of, "So that past arrest, is everything cleared up there? It's all okay?" "Yes," I replied. "Oh, alright then," she said, smiling. That's about all I remember. That interview was very brief, and I got my K1 in the mail a few weeks later. My understanding is that they want to be satisfied that I am not a drug user. The officer this past Thursday mentioned something about a sworn statement at my next interview in a month or two. The last time I smoked marijuana was in 2006 or 2007. I have never had any drug-related charges. My past arrest was related to a brawl I got into, and again, those charges were withdrawn, I was exonerated, discharged, whatever you want to call it. I went to that courthouse in person in 2019, and I and called them, too. I asked if they had anything on me. Each time I inquired, they found nothing. ALl this was all before I turned eighteen years old, almost twenty years ago. But as to the marijuana use, all I ever got was a ticket when I was about 16 years old for smoking it, a $70 ticket that I paid. Therefore, I think USCIS will want a sworn statement that I am not a drug user nor have been for a very long time. I hope the help of a lawyer will make a difference, and that it's not just a lost cause, that they haven't already made up their minds about me and are just not telling me. That's why I'm wondering if anyone else has been through something similar before, regarding criminal charges long past that have either been withdrawn or pardoned, or anything of the kind, and if it's still possible to immigrate.
  8. 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.
  9. Hi there, Anyone willing to confirm our correct understanding here? AOS interview coming up! I-693: I filed this as part of the K-1 visa process. Got the medical exam and updated shots in October 2019, in Canada; applied for AOS from here in Michigan in May 2020, so well within one year. As per the I-693 instructions, FAQ no. 3, under such conditions it would appear a new medical exam is not required. I will still be bringing the DS 3025 from the doctor. Do I still need to fill out an I-693 and just leave the doctor's section blank? Proof of Status as a fiancé nonimmigrant: (under "Documentation establishing eligibility for Lawful Permanent Resident Status) - what could this be? Some NOAs from USCIS, the original K-1 application? Asking because they ask for marriage certificates, babies' birth certificates, etc., on a separate line. Birth certificate: I plan on bringing an original and a copy of my simple birth certificate. I got an RFE after applying for AOS in May of 2020 stating I needed the "long form" birth certificate since it mentioned my parents' names. I obtained a certified copy from Ontario and mailed it directly to USCIS. I have a digital copy of it. I can also request a rush copy from the government of Ontario to obtain another certified copy, but that'd be pricey... in other words, I currently have a digital copy of the long form and the original plus a copy of the short form. I think that was about it... if anyone is willing to chime in, thanks a million!
  10. Hi there, We have an AOS interview coming up. The date slated for the interview is exactly one day before the two-year anniversary of USCIS receiving our AOS application back in 2020, as shown on the I-797. But the interview date is two years and three weeks after our marriage date itself. Assuming I'm approved for permanent residency following the interview, would they grant me a two-year (conditional) PR or a ten-year one? Does the two-year ticker start from the date of your marriage or from the official date USCIS receives your AOS application? Thanks a million!
×
×
  • Create New...