case involving moral turpitude as grounds for denial

[braveheart97xxx 7]

Hi, Please help me understand this provision in the I-485 form .....I read here in the forums that a case filed involving moral turpitude or an arrest record would surely affect your application process for AOS....

Question:

1. What if you have a clean record here in the US but you have a case involving these kind is pending in a another country? (country of origin)?

I am already here in the US and so i was not able to answer the court there.... can anybody please share if they have knowledge on this or have experiences of these kind?

Edited June 11, 2014 by braveheart97xxx

[Harpa Timsah 13,258]

They do an international background check on you and will most likely find it.

You must answer the questions about it and admit the arrest, or you will commit fraud. If you get away with it temporarily, when they find out, your benefits will be stripped and you will be deported. There is no statue of limitations on fraud.

How did you come to the US? If it was on VWP and you lied on the ESTA application about CIMTs then you have even more of a problem.

There is a petty exemption clause, if the crime was small and one time.

How did you come to the US? What is the crime?

Edited June 11, 2014 by Harpa Timsah

[braveheart97xxx 7]

i came here with a visitors visa maam.... though it is expired now.... honestly i am working illegally to support myself. I have not been arrested there or here..... but charged with a case involving CIMT back home then.....;( because i was not there to answer the charges in court then i lost by default ...

What best to do now?

Edited June 11, 2014 by braveheart97xxx

[Harpa Timsah 13,258]

Okay. Illegal work is forgiven for spouses of USCs who adjust in country, as long as they were not obtained by fraud.

There is a petty exception clause for CIMTs, but to offer more help we'd have to know more information, like the country, and the crime. I know it's embarrassing but otherwise people here can only give generalities.

Edit: Or hire a lawyer.

Edited June 11, 2014 by Harpa Timsah

[Hypnos 6,578]

I believe a conviction in absentia still counts for immigration purposes.

As Harpa said, if you want specifics you would need to name both the country and the crime you were convicted of.

[christophec 16]

Harpa, if somebody was granted a work visa or any other kind of visa except the vwp, do they do the same background check ? I'm assuming that yes

[Harpa Timsah 13,258]

Harpa, if somebody was granted a work visa or any other kind of visa except the vwp, do they do the same background check ? I'm assuming that yes

Yes, but OP was convicted of this crime after they had come to the US.

[aaron2020 11,651]

Hi,

Here are some things to consider.

USCIS will find out about this since you will need to provide a police certificate from your home country in order to adjust.

USCIS will know about the conviction.

USCIS may give no sympathy if they view that you are a criminal on the run. Essentially, you ran away from the law and punishment by escaping to the US.

If there is a warrant for your arrest in your country and the US has an extradition treaty, you may be going home to a jail cell.

[Harpa Timsah 13,258]

Hi aaron, you don't need a police cert for AOS, but they do their own background checks and will find out.

[aaron2020 11,651]

Hi aaron, you don't need a police cert for AOS, but they do their own background checks and will find out.

Thanks for correcting that,