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Filed: Citizen (apr) Country: Nicaragua
Timeline

I know that this is something that we'll have to eventually consult an immigration attorney about. Just want to see if anyone experienced can share their thoughts about the following scenario.

Ok, scenario.
Alien came to the USA illegally in 1988. He was not caught at the border. In 1991, he was convicted of DWI felony and did 60 days in jail. He was not deported or anything. He claims that he continued living at that address for 3 more years and never any OSC to go to Immigration Court for a voluntary departure or anything like that. No other problems with the law since then. Not at all. In 1997, his fleshly sister became a US Citizen and petitioned him (I-130), falling under the 245-i law. Now, almost 16 years later, the priority date is almost due for an Adjustment of Status for this alien. Will his felony from 1991 possibly impede him from getting his Permanent Residency? Are there any options? Would his attorney need to file a 212-h waiver for him?

Thanks!

Edited by zonryza
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Filed: Country: Colombia
Timeline

My suggestion is to consult an attorney given these circumstances. This is above DIY free help on this board. Good luck.

--------------------------------K-1----------------------------
October 1, 2011 Mailed I-129F Application
October 7, 20122 Notice Date of NOA 1
February 15, 2012 Received Hard Copy of Approved NOA 2
March 8, 2012 Rec email Pacs 3/4 US Embassy in Bogota
March 29, 2012 Scheduled Interview
June 7, 2012 Interview APPROVED!

------------------------------Arrival @ LAX-----------------------------
July 27, 2012 Arrived POE @ LAX
October 21, 2012 Married (L) (L)

------------------------------AOS----------------------------------
April 20, 2013 Mailed AOS package

April 29, 2013 AOS NOA

May 22, 2013 Biometric date

June 7, 2013 NOA, rec. interview date for 7-16-13

June 18, 2013 EAD/AP Approved

June 29, 2013 Rec. in mail EAD/AP combo card

July 8, 2013 AOS process on HOLD, interview canceled unsure.png as wife returned to Colombia on medical emergency!

Oct. 17, 2013 AOS Interview re-schedule to November 20, 2013

Nov. 1, 2013 Rec. Notice from USCIS that 11-20-13 interview "due to unforseen circumstances" has been CANCELED. girlwerewolf2xn.gif

December 18, 2013 Rec. notice that AOS interview has been re-scheduled for January 17, 2014 (we will see)

January 17, 2014 Interview and AOS was APPROVED! dancin5hr.gif

January 27, 2014 Received GREEN CARD in mail! kicking.gif

-----------------------ROC----------------------

December 23, 2015 ROC Mailed I-751 to CSC

December 30, 2015 ROC NOA1

January 25, 2016 ROC Bio appointment

May 26, 2016 Approved!

June 4, 2016 - Received 10-year PERMANENT RESIDENT CARD in mail! :thumbs:

-----------------------CITIZENSHIP------------------

November 16, 2016 Mailed

November 19, 2016 NOA date

December 13, 2016 Biometrics

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