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yoyoma

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Posts posted by yoyoma

  1. I would strongly suggest that you do since you're out of processing times. You have two senators and one representative and if you google their congress webpages there is usually a place to ask for immigration inquiries. This could really make a big difference in getting your petition approved quicker.

    Happy to report my I-129f is approved. Thank you for helping me going through this process. :dance:

    August 7, 2009 NOA 1

    January 27, 2010 NOA 2 :thumbs:

  2. I totally agree with Try W. You should have nothing to worry about relative to a 'dismissed charge'.

    Dealing with criminal offenses isn't as cut & dried as you may think. For example its natural to think that since a charge was dismissed its a non-issue, but this is not the case. It sounds like the OP was charged with domestic abuse & even though he was given an adjudicated sentence (basically you stay clean for a certain amount of time, often 6-12 months, and the charge is dismissed) it is far from a non-issue.

    Like someone else recommended the OP should check with an immigration lawyer on this... I have a criminal justice degree & thus know more than the layman about the law, but I am far from being an immigration lawyer.

    I spoke to a immigration lawyer today, and he said I should disclose my case and I shouldn't have any problem of getting approve. But, the hard part is the oversea embassy interview my fiancee. He told me the success rate in Vietnam is 50%. Since he charging me too much for the service. I'll do it for myself and see what's going to happen.

  3. In 1992, I was charge with misdemeanor assault on my ex-gf. I slapped her because she was cheated on me. The court gave me defer adjudication and I completed and the case was dismissed. I intend to disclose this information to USCIS. I will submit the official court defer adjudication document and complaint report. Since then I have been living a model citizen. Do you guy think I'll have problem with getting my petition approve. Or it take longer than no criminal history petition.

  4. I just spoke to my sister whom is a lawyer. She told me that I don't have to check mark on the conviction. Since my case was dismissed after I completed the requirement. She told me to file a expunge record at the court house. But, she said the arrest record will be in my file for life.

    Is your sister an immigration lawyer? If not, get a second opinion.

    http://www.arctec.com/imbra.html

    I was convicted of attempted manslaughter in 1999, but I took “deferred adjudication”, which the judge and my criminal lawyer assured me would result in my record being wiped clean in 5 years. Now I have a clean record. Do I have to disclose this conviction?

    Yes, you do. Deferred adjudications are treated as convictions under U.S. immigration law.

    Ok, granted that your assault charge is not nearly as serious as attempted manslaughter, the general guidelines about deferred adjudications still applies.

    I'd talk to an immigration lawyer.

    BTW, I was wrong when I said you'd need a waiver. A waiver is apparently required only if you've had a previous visa petition denied under the act. If you've never submitted a petition before then you just need to be prepared to explain your case to USCIS sufficiently and see if they'll accept it. If they deny it, then you'll need a waiver to apply again.

    You are right, after my sister read over that statement. She told me to disclosed. So I don't have to deal with it later. I guess I have to be truthful with them.

  5. I just spoke to my sister whom is a lawyer. She told me that I don't have to check mark on the conviction. Since my case was dismissed after I completed the requirement. She told me to file a expunge record at the court house. But, she said the arrest record will be in my file for life.

    If you have it expunged it won't be in your file for life... the purpose of having a record expunged is to erase it. However some offenses cannot be expunged (e.g. domestic abuse) so you really need to consult a lawyer on this. If you are eligible for expungement it should be a relatively quick & inexpensive process (if your sister is really a lawyer ask her about this).

    Yeah, she's in process of getting paper together. So, I can file for myself.

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