Husband applying for I-485 with previous conviction...help!!

[csj50 0]

I am a U.S. citizen, husband is French, and here on an F-1 visa. He had a prior conviction back in his home country that occurred 7 years ago, for group robbery (his friends stole items from a friend's apartment, and was returned, but the victim still pressed charges). His final sentence was jail time of four months, but he did not have to serve, just pay fines and remain on good behavior, which he has. He was never in trouble with the law before or after. His police record is free of everything.

We sent the lawyer of a translated copy of the court disposition a week ago, and she wants to have a phone conference next week to discuss "implications" his conviction may have on his AOS- they haven't submitted the applications yet, although we wish they just would. We are soooo, so anxious as just getting documents for the I-485 was a huge pain and took MONTHS of waiting, plus, he would like the chance to visit his family this summer and obviously needs the documents to do so.

What are the chances that the I-485, and the documents for employment and travel authorization will or will not work out? And what "implications" could this mean? ANY opinions will be appreciated!!! Thank you!

[Boiler 45,445]

So he got a waiver for his F1?

[KayDeeCee 4,893]

~ Moved from AOS from Family Based Visas to AOS from Work, Student & Tourist Visas ~

[csj50 0]

No... Not sure what that is. His f-1 is still valid, he is still in school.

[Boiler 45,445]

He had his criminal history when he applied for his F1.

To get a F1 with that history he would have needed a non immigrant waiver, D3 is what it is called.

An immigrant waiver is a bit different but having the approved D3 obviously helps.

[csj50 0]

I don't know that the incident actually went on his criminal record, the judge basically said pay the fines, don't screw up, or else you'll have to serve the jail time if you do mess up again. His criminal record that we have says "no history."

How much will this affect his I-485 getting approved?

[Boiler 45,445]

Nobody can tell you the impact without knowing his history.

When he applied for his F1 he would have had to declare his criminal past. From what you have said it would have required a waiver.

[csj50 0]

He doesn't have a waiver. He said he had no issues getting his visa...wouldn't a background check have been performed before his visa was approved, also?

[csj50 0]

Actually, I'm pretty sure he obtained his visa before he went to court. His court date was a few months after the incident, and he was in the U.S starting his studies maybe a month after the court date (I would think he received his visa before the court date?). Perhaps that's why there's no D3. Not sure though.

[Merrytooth 5,748]

Shouldn't he answered yes on the DS-160 form for the Security and Background Information question:

Have you ever been arrested or convicted for any offense or crime, even through subject of a pardon, amnesty, or other similar action?

[Boiler 45,445]

They usually do not do background checks for non immigrant visas, well not of that sort.

They do ask if you have been arrested etc.

He should be able to remember if the arrest was before or after he obtained the visa and what was said. Hardly something that would slip your mind!

[csj50 0]

Shouldn't he answered yes on the DS-160 form for the Security and Background Information question:

Have you ever been arrested or convicted for any offense or crime, even through subject of a pardon, amnesty, or other similar action?

He honestly doesn't even remember what the DS 160 is and does not remember being asked questions about his arrest...all he remembers is going to Paris to go to the embassy for his F-1. We think that the application happened before the incident because he would not have lied about something like that.

The incident happened in July 2008, and court date was in January 2009. Was in the States shortly after.

[csj50 0]

They usually do not do background checks for non immigrant visas, well not of that sort.

They do ask if you have been arrested etc.

He should be able to remember if the arrest was before or after he obtained the visa and what was said. Hardly something that would slip your mind!

He was never arrested. After the incident happened, the victim didn't even call the cops right away. A few days after it happened, my husband received a phone call from the police (or court, some sort of authority) that he was being charged.

[Boiler 45,445]

There are things that people forget about for a non immigrant visa that then bite them in the but for immigrant status.

Probably what your Lawyer is concerned about.

I should have added that there is a waiver for the CIMT, Lawyer probably thinking a Misrep charge will be slapped on as well.

[csj50 0]

There are things that people forget about for a non immigrant visa that then bite them in the but for immigrant status.

Probably what your Lawyer is concerned about.

I should have added that there is a waiver for the CIMT, Lawyer probably thinking a Misrep charge will be slapped on as well.

What is the misrep charge and the waiver? I'm also very surprised that the attorney has not mentioned this at all to us...even if she means to, she has known from the very beginning about his conviction.

Also, our attorney had mentioned "Whether a crime is for a CIMT depends on the statute of conviction and the sentence imposed, as well as relevant case law. Robbery is generally considered a CIMT. There is an exception however if the maximum possible penalty for the crime with which the individual was convicted, did not exceed imprisonment for one year AND the individual was not sentenced to a term in excess of six months." Now, his term was for four months and like I said earlier, he didn't serve any jail time, just paid fines...so, does this help our case at all?