Criminal History - Will the I-130/I-485 be denied?

[VanessaTony 3,567]

I'm posting this for a friend. Thank you in advance for any advice!

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Husband is UK cit. Wife is USC.

Husband entered US on VWP in June. Long story short, circumstances meant he stayed, they married and filed an I-130/I-485 combo just recently.

Husband has a criminal record. I don't know enough about UK stuff to know if they would be a big deal and they're really concerned so I said I would ask.

ACPO report (no court records as yet - they wanted to file ASAP and filed without them, they know to expect and RFE/RFIE) has 9 listings.

- 2 entries for theft and 6 for obtaining property by deception in 1997 (listed under the same date but each entry has another date after it, so I think date of conviction the same, date of offense is different). Disposal 14 weeks imprisonment (he only served 7 weeks)

- 1 entry for harassment in 2006. Fine of 500 plus cost.

What do you think? Denial and needing to file for hardship from the UK?

Also, I didn't mention this to them but I believe he did NOT mention these when filing for ESTA. So I don't know if that's going to be a problem as well.

Thanks again!

[Harpa Timsah 13,258]

Hey Vanessa,

If he lied on ESTA, and I believe he did, he will have material misrep and a ban and deportation.

[VanessaTony 3,567]

That's what I thought as well :S

Let's pretend he didn't lie on ESTA, do you think the criminal stuff is bad enough for a denial as well?

Hi btw! long time no see! Hope you're well

[Harpa Timsah 13,258]

He must have lied on ESTA because someone with that past couldn't get ESTA. That is a major big deal because he entered the US by deception.

But, pretending he hadn't, I think that since he has multiple CIMT convictions, that he would be denied. I saw someone get denied AOS for one citation of shoplifting something under $50.

[Boiler 43,436]

If he was able to obtain ESTA approval despite having declared all those CIMT's then adjustment should not be an issue.

[elmcitymaven 9,711]

If he was able to obtain ESTA approval despite having declared all those CIMT's then adjustment should not be an issue.

I tend to agree, but let's be realistic. He almost certainly didn't if he got ESTA approval.

[Boiler 43,436]

This is where Lawyers come in and makes Loads Of Money

[VanessaTony 3,567]

I'm pretty sure he didn't declare them, but I'll double check.

Do you think the circumstances of the crimes will matter? Or is just the fact they're labeled as they are? I did read because they're older than 15 years he might have a chance. Opinions on that?

Am I right in thinking he'll need to go back to the UK and file for an I-601 waiver? And probably also a I-212 seeing his 180 days expired the day USCIS received it (according to tracking - no NOA yet so not sure if they considered it received that day).

[Boiler 43,436]

All good questions to ask their Lawyer, you can file I 601's in Country, he has multiple CIMT's and Misrep, so a nice earner for a Lawyer.

There are no exceptions with a history like this.

[VanessaTony 3,567]

Thanks again. I'll tell them to talk to lawyers and find one they like and start saving up!