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

[Boiler 45,445]

Not sure how anybody can really comment without knowing the totality of your case. Lawyers call it discovery.

Waiver comes later, you have a lawyer, take their guidance.

[Hypnos 6,576]

You have to be denied in order to be eligible to file the waiver, so you cannot file for a waiver immediately, even if you require it.

If the maximum possible sentence for robbery is not greater than one year then it's possible he may qualify under the petty offence exception, which would mean no waiver would be required. If the maximum possible sentence was greater than one year then a waiver would probably be needed.

To successfully obtain a waiver he would need to show why it would be a burden to you, not to him, if he were not admitted to the US as an LPR.

You've paid money to retain a lawyer's assistance, you should see what they say before making any drastic plans.

[csj50 0]

You have to be denied in order to be eligible to file the waiver, so you cannot file for a waiver immediately, even if you require it.

If the maximum possible sentence for robbery is not greater than one year then it's possible he may qualify under the petty offence exception, which would mean no waiver would be required. If the maximum possible sentence was greater than one year then a waiver would probably be needed.

To successfully obtain a waiver he would need to show why it would be a burden to you, not to him, if he were not admitted to the US as an LPR.

You've paid money to retain a lawyer's assistance, you should see what they say before making any drastic plans.

His sentence was 4 months, which did not have to be served because he paid the fine and did not get into trouble again...he would have had to serve he four months if he had gotten into trouble again.

[Hypnos 6,576]

I know, I'm talking about the theoretical maximum sentence that he could have been given by the judge for his offence.

[Boiler 45,445]

I know, I'm talking about the theoretical maximum sentence that he could have been given by the judge for his offence.

Exactly.

Usually with foreign criminal histories a US Immigration Lawyer is not going to know the niceties of in this case French criminal law and will need to seek guidance.

Most of these issues are dealt with at the Consulate level before you get to enter, and of course the local Consulate will have a much better understanding of local law.

Obviously it is very rare than anyone gets the maximum sentence but for Immigration purposes that is what is gone by, suspended in this case is irrelevant.

[csj50 0]

Exactly.

Usually with foreign criminal histories a US Immigration Lawyer is not going to know the niceties of in this case French criminal law and will need to seek guidance.

Most of these issues are dealt with at the Consulate level before you get to enter, and of course the local Consulate will have a much better understanding of local law.

Obviously it is very rare than anyone gets the maximum sentence but for Immigration purposes that is what is gone by, suspended in this case is irrelevant.

Gotcha. I appreciate everyone's input. Obviously I already have legal guidance, but am suffering from extreme anxiety over the fact that I have to wait a couple days to hear from our attorney. Wish us luck and peace of mind for me

[Boiler 45,445]

Your husband should be able to clarify a lot of the issues.