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jejolove

Has Anyone Adjusted Status Despite a Criminal Record?

By jejolove in Adjustment of Status (Green Card) from K1 and K3 Family Based Visas

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jejolove Newbie

jejolove   0

Posted
Filed: AOS (pnd) Country: Ecuador
 Timeline
Posted

Hello.

I have some questions about my case. Please apologize my broken english.

I been in USA for about 19 years. I crossed the border with no inspection. I am married with an usc for 8 years and we have a son, she have a job in a big company and we own a small business. We have done many things together, I don't even want to think to be separated from my family. She was in the Air Force and a month ago I was approved with the parole in place waiver. We send all the documentation for adjustment of status already. But,13 years ago I have some problems with the law, 3 to be exact. The firs problem I can not find it, I send my finger prints to FBI end no record, I went to the court and they don't have any record either ( this problem was with my ex girlfriend, I don't even remember what was the case, I went to see the judge for 3 times an he close the case). The second is with the same girl, se a accused me of attempt of stalking what after she the judge for a year a plea guilty and a was reduce to misdemeanor class c. The third case was dismissed. My lawyer said that will not be a problem. please do not judge me. I was young and really stupid, now with 36 years old all I do is think about my son and my wife, and have the chance to remain in this great nation. Please let me know if you have any suggestions. Any help will be greatly appreciated. Thanks

TBoneTX Grand Master

TBoneTX   45,654

Posted
Filed: Citizen (apr) Country: Ecuador
 Timeline
Posted

Welcome to the forum.

What is your exact status? Did USCIS want your criminal records before your adjustment of status can be approved? What is a "parole in place" waiver? What does your lawyer say about all this?

With these answers, we can move your thread to a forum where it fits and where people might be able to help you.

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

jejolove Newbie

jejolove   0

Posted
Filed: AOS (pnd) Country: Ecuador
 Timeline
  • Author
Posted

Hi Tbonetx,

I would like to know if anyone else has been able to adjust status with a criminal record(s). I was convicted of attempted stalking(misdemeanor class C - third degree). Regarding the other two cases: one was dismissed and the other one there is no record of it. Even the FBI check could not find anything regarding that case. All of these charges were around 1999 and 2001.

I received an I-94(visa) via parole in place. Parole in place was approved because my wife served in the armed forces. With the I-94 I am now able to apply for AOS.

Our lawyer said we should be ok and that the AOS should get approved. We will be disclosing all my criminal history, even the one that we can find a record of. I am still concerned there could be a chance of my AOS application could be denied due to my criminal record.

Has anyone been convicted of attempted stalking and still was able to Adjust status?

thank you for your inputs.

TBoneTX Grand Master

TBoneTX   45,654

Posted
Filed: Citizen (apr) Country: Ecuador
 Timeline
Posted (edited)

Ah -- gracias. I will move your thread from the "Introducing Our Members" forum to the "Adjustment of Status from Family-Based Visas" forum (even though you entered without inspection), and change the thread's title to "Has Anyone Adjusted Status Despite a Criminal Record?"

The only input that I can offer is to seek another legal opinion, if you're that concerned. Many attorneys will provide an initial consultation free or at reduced fees. Good luck, and let us know what happens.

Edited by TBoneTX

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

tj86 Explorer

tj86   16

Posted
Filed: AOS (pnd) Country: Jamaica
 Timeline
Posted

You should be approved. Your convictions were not aggressive, they happened a long time ago and its a misdemeanor. You have to have 3 misdemeanors to not qualify to adjust. As long you are honest with uscis.

:goofy: AOS: I-485& I-765 :goofy:

Sent: 9/26/2014I-485& I-765

Received: 9/30/2014I-485& I-765

Biometrics and noas received in mail:10/10/2014

Biometric appt:10/23/2014

:dance: Walk in Bio: 10/15/2014 :clock:

EAD Approved: 12/3/2014 B-)

EAD Mailed :12/9/2014

Ead Delivered: 12/11/2014

Interivew (12/29/2014)in the mail: 1/29/2015

Approved: Welcome notice mailed 1/30/2015 :dancing: :idea:

Card Produced: 2/5/2015& Shipped
Card Received: 2/7/2015

Hypnos Grand Master

Hypnos   6,577

Posted
Filed: Citizen (apr) Country: United Kingdom
 Timeline
Posted (edited)

I doubt the criminal record will prevent you from adjusting.

Parole-in-place (sometimes called PIP) is a little-used procedure where USCIS will grant discretionary parole to the spouse of a US citizen serving in the armed forces even if they EWI'd. This then gives them a springboard to be able to file for AoS, as the parole is considered a legal entry.

http://www.nolo.com/legal-encyclopedia/adjustment-status-via-parole-place-family-members-us-citizens-military.html

http://www.uscis.gov/sites/default/files/USCIS/Laws/Memoranda/2013/2013-1115_Parole_in_Place_Memo_.pdf

Edited by Hypnos

Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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