Kev101
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Posts posted by Kev101
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1 minute ago, Jorgedig said:
Wasn’t there also the matter of a forged green card? I believe someone in your other thread mentioned that as the more worrisome crime in your background, and I’d have to agree.
Yes but I did not get convicted of it
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On 9/3/2019 at 6:04 PM, Boystown said:
It says right there you have a misdemeanor conviction; even if you just paid a $100 fine, you are found guilty - in court - of a crime.
They will specifically ask about being arrested, cited, or charged in your adjustment application as well as if you are convicted of a crime. Now, a misdemeanor offense like that probably won't have some massive bearing on your case, but you will need to disclose it in full. They'll probably take a contextual "overall" view of it: what did you obstruct and how? Was it related to your document/fraud? Even if not arraigned, it would raise flags I would imagine.Drug offenses are seriously frowned upon, but you weren't convicted.
Either way, I am NOT a lawyer, but I would still recommend getting a copy of the actual charges/filing from the jurisdiction and give them to your atty. Fraud/misrep to a government official is a big deal to immigration, as is anything drug related. And you do have a conviction on your record though (thankfully) not for either of the aforementioned situations. If you're super concerned, talk to an atty about filing a waiver concurrently with your adjustment of status package to speed the process along (meaning you don't have this come up at the interview THEN file for a waiver THEN wait longer).
Hello there, I looked back at this comment.. and I had a question.. how do you know I was not convicted of the marijuana charge ? Is it because it did not have a final disposition.. it did not say convicted or because it says "inchoate charge - completed " ? The reason why I'm asking is I want to know just by having that charge on my record even if not ocnvicted .. will it make me inadmissable ?
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Hello All,
I was arrested in 2006 for marijuana, but I dont know if I was convicted.. in my court disposition it says " Inchoate Charge - completed " I did not serve jail time, or even pay a fine.. my question is.. is that a conviction and if not although it shows up in my record does that mean I'am still inadmissable.. ( P.S. they charged me with another charge.. that says " Final disposition - { Not arraigned }, and they gave me a lesser charge from a felony to a misdeameanor which I plead guilty to, and ended up paying a $100 fine. But my main question here is will that marijuana charge find me inadmissable even though I did not get convicted ?
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Hello All,
I want to know if any control substance (marijuana .5 gram ) charge under 18 years old counts in immigration law, and will it effect me during consular processing.
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2 hours ago, Boystown said:
It says right there you have a misdemeanor conviction; even if you just paid a $100 fine, you are found guilty - in court - of a crime.
They will specifically ask about being arrested, cited, or charged in your adjustment application as well as if you are convicted of a crime. Now, a misdemeanor offense like that probably won't have some massive bearing on your case, but you will need to disclose it in full. They'll probably take a contextual "overall" view of it: what did you obstruct and how? Was it related to your document/fraud? Even if not arraigned, it would raise flags I would imagine.Drug offenses are seriously frowned upon, but you weren't convicted.
Either way, I am NOT a lawyer, but I would still recommend getting a copy of the actual charges/filing from the jurisdiction and give them to your atty. Fraud/misrep to a government official is a big deal to immigration, as is anything drug related. And you do have a conviction on your record though (thankfully) not for either of the aforementioned situations. If you're super concerned, talk to an atty about filing a waiver concurrently with your adjustment of status package to speed the process along (meaning you don't have this come up at the interview THEN file for a waiver THEN wait longer).
Thank you for your post.. My attorney got all of the original court dispositions, she looked it over and made copies of it... she will be sending it to nvc.. before I ask for a waiver I need to go to the interview first and see what the C O will say. I never misrep to a government official, the police stopped me for no reason, i admitted I had marijuana .. they looked through my pockets then wallet, and found the document.
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41 minutes ago, Nitas_man said:
That is correct. Good luck
Thank You.
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1 hour ago, Nitas_man said:
The CO makes the decision. I take it that you do not possess a waiver.
Your main issue in my view is the felony. No matter what the court said about that charge being caught with a fake green card is far worse than the dope or anything else, which is waiverable. Fake documents fall under fraud, which falls under moral turpitude, which I believe is not waiverable.
So as advised before submit your documents, attend your interview, cross your fingers.
No I do not have a waiver, I think you have to attend the interview first, and then the CO will say if you are eligible for a waiver.
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Hello To All,
Iam being sponsored by my mother who is a USC, the petition got approved, and the visa bulletin is current. I'am in the process of sending the paperwork in NVC.
I have my court dispositions, and would like to know if this would affect me, my lawyer says "you did not get convicted, but they might not give a decision right away". If anyone knows how to read court dispositions can you please advise me if I will encounter problems when I go. My paid lawyer said I did not get convicted, but I have different feelings.
I have 3 charges on the court dispositions.
1. Marijuana
2. Forgery 2nd degree Official Document
3. Obstruct Governmental Administration.
Marijuana -
Statute - [ Criminal Possession of Marijuana - 5th Degree , In a Public Place ]
Counts - [ 1 ]
Severity - [ Misdemeanor ]
Inchoate Charge [ Completed ]
Forgery 2nd Degree Official Document - ( Final Disposition )
Statute - [ Forgery 2nd Degree Official Document ]
Counts [ 1 ]
Severity [ Felony ]
Inchoate Charge [ Completed ]
Disposition [ 2007 - 01 - 16 ; Not Arraigned ]
Obstruct Governmental Administration - ( Final Disposition )
Statute - [ Obstruct Governmental Administration - 2nd degree ]
Counts [ 1 ]
Severity [ Misdemeanor ]
Inchoate Charge [ Completed ]
Disposition [ 2007 - 01 - 16 Convicted Upon Plea Of Guilty ]
Sentencing -
Statute [ Obstruct Governmental Administration - 2nd degree ]
Counts [ 1 ]
Severity [ Misdemeanor ]
Inchoate Charge [ Completed ]
Disposition [ 2007 - 01 - 16 ; ]
[ Custody/Fine : 30 days / $100 - Status : Paid In Full ]
That was all in the court disposition... I never went to jail for any of the charges, and for the Obstruct Governmental Administration, I just paid a $100 fine. If anyone can help, to let me know if there will be a problem at consular interview please reply back.. Like I said my paid lawyer said I didn't get convicted it should not be a problem, but they will ask questions, and might not make the decision the same day.
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Hello All,
I have a question. I'am being sponsored by my mother who is a USC, my petition is approved, and my visa bulletin date is current. I'am in the NVC process right now. I got my FBI backround check along with all court dispositions. I have an arrest with 3 charges.
1. Marijuana
2. Forgery 2nd Degree Official Document
3. Obstruct Governmental Administration
Here is what it says on the court dispositions :
Statute - Criminal Possesion Of Marijuana In Public Place - 5th degree
Severity [ Misdemeanor ]
Inchoate Charge[ Completed ]
Forgery 2nd Degree Official Document - Final Disposition Date [ 2007 - 01- 16 ]
Severity [ Felony ]
Inchoate Charge [ Completed ]
Disposition [ 2007 - 01 - 16 ; Not Arraigned ]
Obstruct Governmental Administration - Final Disposition Date [ 2007 - 01 - 16 ]
Severity [ Misdemeanor ]
Inchoate Charge [ Completed ]
Disposition [ 2007 - 01 - 16 ; Convicted Upon Plea Of Guilty ]
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20 minutes ago, Going through said:
How long since you last used? Not judging, but you will have to admit to the drug use (whether now clean or not), and you will be asked when you last partook in that recreation.
About 5 years. On Another note, I see it says queens on your picture.. That's where I lived for 18 years I call it home. Thanx for your advice and help, I appreciate it.
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1 minute ago, Boiler said:
Only other thing I can think of is the Medical drug use could well come up. Whether that has an impact from a medical perspective I would not like to say as there are so many variables, expect them to want to make sure you are clean.
Yes I'm clean
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1 hour ago, Nitas_man said:
You were convicted of this? What was the final disposition and what’s your record look like over the last 10 years?
Fraud of this nature falls under moral turpitude, no gray areas. Which is a serious classification as you are probably aware.
It got dropped from a felony to a misdemeanor and had to pay a $100 fine, no jail time. My record is clean for the past 10 years.
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1 hour ago, carmel34 said:
You will find out at the interview. You will either be approved, or denied. If denied, they will tell you if you are eligible to file a waiver or not. If you are eligible to file a waiver, find a good attorney who has experience with this area of US immigration law. Good luck!
Thank You.
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45 minutes ago, Boiler said:
What did the Lawyer tell you, obviously details matter but with that history sounds like your Mother would need to file a waiver.
Is this what the Lawyer said or does he think you will be approved without one?
Yes he said I might need a waiver for the marijuana charge, but no waiver for the fake document
2 hours ago, Going through said:A couple of questions:
What is the country of origin?
Did you ever use the fake green card to obtain work in the USA? Present it to any immigration officer claiming you were a LPR? Did you also ever have a fake social security number/use someone else's number to obtain employment?
What was "false" about the police report?
What was the final disposition from the court regarding the fake green card?
Link to that post, please. Would like to see if the situation in that thread is actually the same as yours. Drug charges are one thing----- fraudulent document charges/obtaining and using a fake green card/misrepresenting yourself as a LPR at customs. etc. is an entirely different ballgame.
Country of origin - Suriname (little country in South America)
I never used it for employment, I have never presented it to a Immigration Officer
I did not have a fake SSN, actually I had a real one.. I have never used someone else's SSN to gain employment
The police lied and said I was somewhere else when they picked me up.. even put a fake boulevard name.. They said they were housing authority, when they were detectives from a completely different area.. basically they lied under oath.. they went through my wallet and found the illegitimate document, along with 1 bag of marijuana.
The final court disposition - - [Misdemeanor] Sentence - Custody/Fine 30 day (s) / $100 Status : Paid in full ..... I never went to jail... the charges got dropped from a felony to a misdemeanor and a fine.
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Country of origin - Suriname (little country in South America)
I never used it for employment, I have never presented it to a Immigration Officer
I did not have a fake SSN, actually I had a real one.. I have never used someone else's SSN to gain employment
The police lied and said I was somewhere else when they picked me up.. even put a fake boulevard name.. They said they were housing authority, when they were detectives from a completely different area.. basically they lied under oath.. they went through my wallet and found the illegitimate document, along with 1 bag of marijuana.
The final court disposition - - [Misdemeanor] Sentence - Custody/Fine 30 day (s) / $100 Status : Paid in full ..... I never went to jail... the charges got dropped from a felony to a misdemeanor and a fine.
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Hello to all, I recently came across this site and I think it is very informative, and in general people have a vast knowledge of immigration laws and processes.
I would appreciate any replies to this post.
I will start from the beginning. I immigrated to USA with my parents in 1990 with a tourist visa. We overstayed, and they went to immigration court in 1998. The lawyer they had was no good, and we got a final order of removal, I was 12 at the time and my parents did not leave and continued to live in the shadows. After the age of 14 I had a few run in's with the law and got arrested a few times, but never served any jail time. In 2008 ICE came to our home, and they took me and my other out of the house with a warrant from 1998. It was just me and my mother, because my father already left to go back home. They let my mother go and kept me because I had a criminal record. I got deported in Feb of 2009, with a 10 year ban because of the overstay and final order from 1998. My mother got her green card in 2011 and filed a petition for me. The petition got approved, but we had to wait for my 10 years to be finished and also the visa bulletin. My 10 years is finished Feb 2019, and we received the Welcome letter from NVC september 2018, because the visa bulletin is current. We hired a lawyer to get all of my records, before we started to file for consular processing. The lawyer got all my records.. He then reviewed it and said I have a few charges thats not really a big deal.. but 1 particular charge may get me denied at the interview. That charge is having a fake green card, along with some marijuana.. the police wrote a false report.. but the evidence is true. I have all of the court dispositions, and paperwork that the consular officer will need to see.
So my question is, will this be a big charge that may get me denied ? I have read someones post that had this charge and said they still got approved.. but im wondering if anyone else is in this situation.
F2B approved PD January 2019
in Bringing Family Members of Permanent Residents to America
Posted
The i-130 is the petition filed by your mother/father.. it usually does not take long for it to be approved once USCIS can see it is a legitimate relationship. The priority date is currently at December 01 2014 under your f2b category.. you have to wait until it is after January 2019.. which might take several years.. unless it skips a few years..which is possible, but does not happen often. When your priority date is current NVC will send an email, and let you know what to do next.