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I-130 and Felony charge

By RICARDO4EVA2 in Bringing Family Members of Permanent Residents to America

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RICARDO4EVA2 Mentor

RICARDO4EVA2   194

Posted
Filed: F-2A Visa Country: Jamaica
 Timeline
Posted

Hello Vjers,

Have a question for a friend. He has a GC and has 2 children, they are in the usa and in "overstay" status. He has a felony charge for something that happened 10years ago.

Question- can he submit and get an approved I-130 or will complications arise?

Current cut off date F2A - Current 

Brother's Journey (F2A) - PD Dec 30, 2010


Dec 30 2010 - Notice of Action 1 (NOA1)
May 12 2011 - Notice of Action 2 (NOA2)
May 23 2011 - NVC case # Assigned
Nov 17 2011 - COA / I-864 received
Nov 18 2011 - Sent COA
Apr 30 2012 - Pay AOS fee
Oct 15 2012 - Pay IV fee
Oct 25 2012 - Sent AOS/IV Package
Oct 29 2012 - Pkg Delivered
Dec 24 2012 - Case Complete
May 17 2013 - Interview-Approved

July 19 2013 - Enter the USA

"... Answer when you are called..."

nab Rising Star

nab   74

Posted
Filed: K-3 Visa Timeline
Posted

Hello Vjers,

Have a question for a friend. He has a GC and has 2 children, they are in the usa and in "overstay" status. He has a felony charge for something that happened 10years ago.

Question- can he submit and get an approved I-130 or will complications arise?

IDK answer but just to clarify for those who might have the answer....

"they" meaning the children are 'overstay' status? (assuming so since he has a GC) how long have they been here?

what type visa did they have to come to USA?

the I-130s would be for the children? (one for each child) is he trying to get them here permanently? (assuming so)

did he commit felony AFTER he got his GC? or before and just had not been caught yet?

has he done his time for that? (assuming not if it is a 'charge' and not a 'conviction' yet but perhaps you can clarify)

if you gave your info (receipt #s, full name, etc) to anyone on VJ under the guise that they would "help" you through the immigration journey with his inside contacts (like his sister at USCIS) ... please contact OLUInquiries@dhs.gov, and go to http://www.whitehouse.gov/contact to report anything suspicious. Contact your congressman and senator's offices as well.

RICARDO4EVA2 Mentor

RICARDO4EVA2   194

Posted
Filed: F-2A Visa Country: Jamaica
 Timeline
  • Author
Posted (edited)

IDK answer but just to clarify for those who might have the answer....

"they" meaning the children are 'overstay' status? (assuming so since he has a GC) how long have they been here?

what type visa did they have to come to USA?

the I-130s would be for the children? (one for each child) is he trying to get them here permanently? (assuming so)

did he commit felony AFTER he got his GC? or before and just had not been caught yet?

has he done his time for that? (assuming not if it is a 'charge' and not a 'conviction' yet but perhaps you can clarify)

Yes the children are in over stay status, they entered the usa in july 2006 on a B1/B2 visa... And they are currently in the usa for 4years. He is trying to get a green card for them. As for the father, the felony charge was after his green card was issued, and he got some kind of suspended sentencing.

Edited by RICARDO4EVA2

Current cut off date F2A - Current 

Brother's Journey (F2A) - PD Dec 30, 2010


Dec 30 2010 - Notice of Action 1 (NOA1)
May 12 2011 - Notice of Action 2 (NOA2)
May 23 2011 - NVC case # Assigned
Nov 17 2011 - COA / I-864 received
Nov 18 2011 - Sent COA
Apr 30 2012 - Pay AOS fee
Oct 15 2012 - Pay IV fee
Oct 25 2012 - Sent AOS/IV Package
Oct 29 2012 - Pkg Delivered
Dec 24 2012 - Case Complete
May 17 2013 - Interview-Approved

July 19 2013 - Enter the USA

"... Answer when you are called..."

nab Rising Star

nab   74

Posted
Filed: K-3 Visa Timeline
Posted

Yes the children are in over stay status, they entered the usa in july 2006 on a B1/B2 visa... And they are currently in the usa for 4years. He is trying to get a green card for them. As for the father, the felony charge was after his green card was issued, and he got some kind of suspended sentencing.

i might be wrong but just because he was given suspended sentence doesnt mean he cant be deported depending on what he did. i believe he should make sure of his own status before he can do anything for his children.

and the children, again i might be wrong, but just because they are children i dont believe it prevents them from being banned but perhaps there is waiver available.

definitely he should consult an immigration attorney, one who deals with deportation and bans just to be on safe side. he may be able to get a game plan for just the cost of one visit and then do the paperwork himself if the attorney lays out his options and it doesnt seem to be anything where he is facing any of these things (deportation or bans).

if you gave your info (receipt #s, full name, etc) to anyone on VJ under the guise that they would "help" you through the immigration journey with his inside contacts (like his sister at USCIS) ... please contact OLUInquiries@dhs.gov, and go to http://www.whitehouse.gov/contact to report anything suspicious. Contact your congressman and senator's offices as well.

Boiler Grand Master

Boiler   46,122

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

Children do not start accruing illegal status until they reach 18.

So presumably no ban.

He would need to file for them and wait for a visa number to become available.

They would need to go home to be interviewed for their immigrant visa.

Will his history come up as a result of this, probably not. But no guarantees.

Certainly should leave citizenship alone.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

RICARDO4EVA2 Mentor

RICARDO4EVA2   194

Posted
Filed: F-2A Visa Country: Jamaica
 Timeline
  • Author
Posted

Children do not start accruing illegal status until they reach 18.

So presumably no ban.

He would need to file for them and wait for a visa number to become available.

They would need to go home to be interviewed for their immigrant visa.

Will his history come up as a result of this, probably not. But no guarantees.

Certainly should leave citizenship alone.

Thank you also for your response. So they must go home though they would be considered to have a direct relationship like that of a spouse and though they were inspected at POE?

Yes, he applied for US citizenship and was denied twice.

Current cut off date F2A - Current 

Brother's Journey (F2A) - PD Dec 30, 2010


Dec 30 2010 - Notice of Action 1 (NOA1)
May 12 2011 - Notice of Action 2 (NOA2)
May 23 2011 - NVC case # Assigned
Nov 17 2011 - COA / I-864 received
Nov 18 2011 - Sent COA
Apr 30 2012 - Pay AOS fee
Oct 15 2012 - Pay IV fee
Oct 25 2012 - Sent AOS/IV Package
Oct 29 2012 - Pkg Delivered
Dec 24 2012 - Case Complete
May 17 2013 - Interview-Approved

July 19 2013 - Enter the USA

"... Answer when you are called..."

Boiler Grand Master

Boiler   46,122

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

They could adjust in country if they were in status.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

RICARDO4EVA2 Mentor

RICARDO4EVA2   194

Posted
Filed: F-2A Visa Country: Jamaica
 Timeline
  • Author
Posted

understood, well tomorrow ill now be able to deliver the informnation to my friend. Thank u boiler.

understood, well tomorrow ill now be able to deliver the informnation to my friend. Thank u boiler.

Current cut off date F2A - Current 

Brother's Journey (F2A) - PD Dec 30, 2010


Dec 30 2010 - Notice of Action 1 (NOA1)
May 12 2011 - Notice of Action 2 (NOA2)
May 23 2011 - NVC case # Assigned
Nov 17 2011 - COA / I-864 received
Nov 18 2011 - Sent COA
Apr 30 2012 - Pay AOS fee
Oct 15 2012 - Pay IV fee
Oct 25 2012 - Sent AOS/IV Package
Oct 29 2012 - Pkg Delivered
Dec 24 2012 - Case Complete
May 17 2013 - Interview-Approved

July 19 2013 - Enter the USA

"... Answer when you are called..."

sus Mentor

sus   70

Posted
Filed: Country: Jamaica
 Timeline
Posted

Your friend needs to talk to a lawyer and find out the implications of his felony charge - because it could affect his own GC and place him in deportation.

Another option, depending on what is up with the charge and the age of the children, would be for the father to apply for his citizenship when he is able - he could then get derivative citizenship for the children, and if they will not reach the age of 18 by the time he can get his citizenship, it shouldn't have any effect on the kids.

Fire de a Mus Mus tail, him tink a cool breeze

RICARDO4EVA2 Mentor

RICARDO4EVA2   194

Posted
Filed: F-2A Visa Country: Jamaica
 Timeline
  • Author
Posted

Your friend needs to talk to a lawyer and find out the implications of his felony charge - because it could affect his own GC and place him in deportation.

Another option, depending on what is up with the charge and the age of the children, would be for the father to apply for his citizenship when he is able - he could then get derivative citizenship for the children, and if they will not reach the age of 18 by the time he can get his citizenship, it shouldn't have any effect on the kids.

ExcellenT SuS, information well given. I am going to run all this by them tonight. I'm stuck at work till the next 6 hours.

Current cut off date F2A - Current 

Brother's Journey (F2A) - PD Dec 30, 2010


Dec 30 2010 - Notice of Action 1 (NOA1)
May 12 2011 - Notice of Action 2 (NOA2)
May 23 2011 - NVC case # Assigned
Nov 17 2011 - COA / I-864 received
Nov 18 2011 - Sent COA
Apr 30 2012 - Pay AOS fee
Oct 15 2012 - Pay IV fee
Oct 25 2012 - Sent AOS/IV Package
Oct 29 2012 - Pkg Delivered
Dec 24 2012 - Case Complete
May 17 2013 - Interview-Approved

July 19 2013 - Enter the USA

"... Answer when you are called..."

 
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