wife is an overstay with a criminal record

[Rebecca Jo 1,962]

Thanks johnnyquest for the heads up. I am setting up an appointment with the lawyer that the in laws used when their visas had expired.

I hear ya about the possession charge, I just didn't appreciate the comment that was made by another member.

We are not at a loss around here for individuals with no class. And some of them have been here for years.

Edited December 2, 2010 by JohnnyQuest

[lethal pukpok 0]

We are not at a loss around here for individuals with no class. And some of them have been here for years.

lol, it is not a problem, i deal with people like that all day at work. at least, there are good people here that make up for it.

[lethal pukpok 0]

lol, it is not a problem, i deal with people like that all day at work. at least, there are good people here that make up for it.

like i said earlier, i am trying to get this visa situation straightened out so that i can go back into the military and can bring the wife along with me. what a pain.

[buttercup212 1]

like i said earlier, i am trying to get this visa situation straightened out so that i can go back into the military and can bring the wife along with me. what a pain.

Did you know about her criminal/felon status when you married her?

From the government's perspective, she poses a tax payer's burden to society since she is an illegal immigrant AND she makes people pay for the prison system.

Just sayin it like it is. Don't be offended.

[lethal pukpok 0]

Did you know about her criminal/felon status when you married her?

From the government's perspective, she poses a tax payer's burden to society since she is an illegal immigrant AND she makes people pay for the prison system.

Just sayin it like it is. Don't be offended.

found out after, and she never went to jail so the tax payers didn't have to foot the bill for her. i guess the taxes that she has paid for the past 15 yrs of her working has paid for her burden to society.

i'm not offended, i'm just saying it like it is.

[JimVaPhuong 4,863]

Did you know about her criminal/felon status when you married her?

From the government's perspective, she poses a tax payer's burden to society since she is an illegal immigrant AND she makes people pay for the prison system.

Just sayin it like it is. Don't be offended.

USCIS does not consider the costs of incarceration when making a "public charge" determination. Nobody has ever been been found inadmissible as a "public charge" because they spent time in prison. They may be found inadmissible for the crime that sent them there, but not for the costs of incarcerating them.

[lethal pukpok 0]

I know, I was just responding to the previous member.

[tanyaru 3]

Hi,

Well, I know 2 people who adjusted status from overstayed visa and with misdemanour (did jail time, but not drug related charged though). What your biggest problem is, on my opinion, is to figure out if she can adjust status from A-2 or whatever it was. Not all visas in general can be used to adjust status from. It does not matter if youoverstayed or not in most cases. Read through instructionsfor all the forms carefully, all answers are there. You gonna need I-130 and I-485 and any supporting documentation.

Good luck.

[lethal pukpok 0]

thank you for the info. i am waiting on word from an immigration lawyer to see if anything can done. i do know that my wife was a victim of domestic abuse (from the past) and that sometimes has a bearing on whether people can stay or not.

[JimVaPhuong 4,863]

thank you for the info. i am waiting on word from an immigration lawyer to see if anything can done. i do know that my wife was a victim of domestic abuse (from the past) and that sometimes has a bearing on whether people can stay or not.

Only if they were married to the abuser, the abuser was a US citizen or LPR, and the abuse occurred in the US. In that case, they can adjust status based on the VAWA act. Some immigration violations can be overcome with a successful VAWA claim (such as illegal entry into the US), and some cannot. An inadmissibility for a crime could not be overcome with VAWA. It also would not overcome the requirement that she obtain permission from the Department of State to immigrate, since she entered with a diplomatic visa.

For your own financial peace of mind, if the attorney promises he can make something happen then pin him down on exactly what he intends to do, and research his plan to see if it's feasible before you hand over any money. There are a lot of unethical attorneys out there who will take your money and promise you the moon, knowing full well that they can't really do anything. They'll take your money to file the initial documents. When that's denied, they'll take your money to file a motion to reopen. When that's denied, they'll take your money to go to immigration court. They'll keep taking your money right up until she's deported, and then ask for more money so that they can help with the hardship waiver request. Don't let them take you down a path that's destined to fail just so they can squeeze some money out of you.

[lethal pukpok 0]

thanks for the info. i spoke with the lawyer today and i she is going to look at my wife's record to see if her convictions will cause a major concern. she says she may be able to make it happen. who knows. it is the same lawyer that was able to get my mother and father in-law's paperwork straightened out. i'll just have to cross my fingers and hopefully i'll find out something in a few days.

[Mavisgrind 1]

Irrespective of your wife's immigration status, you may want to rethink your future plans for the military. Unless you are planning a career in a MOS that does not require any sort of security clearance, you may find that your wife's background may be a hinderance. This is especially true in light of recent events in the news.

Best of luck.

[lethal pukpok 0]

Irrespective of your wife's immigration status, you may want to rethink your future plans for the military. Unless you are planning a career in a MOS that does not require any sort of security clearance, you may find that your wife's background may be a hinderance. This is especially true in light of recent events in the news.

Best of luck.

it"s not that big of deal about the clearance, i didn't have one for the 8 yrs that i was in.

[w8inglongtime 29]

http://en.wikipedia.org/wiki/Good_moral_character

Felon + Druggie....I don't think she'll pass any interviews and no congress person will voucher for that.

Come on man. Show the guy some respect. It's his wife you're talking about for crying out loud.

[pushbrk 13,010]

Thanks johnnyquest for the heads up. I am setting up an appointment with the lawyer that the in laws used when their visas had expired.

I hear ya about the possession charge, I just didn't appreciate the comment that was made by another member.

USCIS is not your friend in this matter. It is definitely a case for a good immigration attorney.