USCIS interview went bad,really bad......

[Cathi 5,755]

not sure why you're angry at USCIS for doing their job, If you committed a CIMT it is their job to make sure you do not get a green card. No one has the right to anything involving immigration, it isn't a court of law and certainly no one has the right to immigrate here.

[KayDeeCee 4,893]

Again, what visa are you adjusting from? What visa did you enter the US with? How long have you been in the US to have fraud allegations lodged against you already? Are you really adjusting from a K visa? It doesn't sound like it.

[Robinhood21 2]

Are you asking about the non profit representation for the USCIS or for the criminal case? It depends on the non profit. Some of them are good and some aren't. You'll have to do your own research to decide that.

For the criminal case we hired a lawyer.

For USCIS case,I already talked to 2 non-profit and both are very interested to help us,but I don't know.

I have my eye on one more,so 3.

Aila,ACLU or NWIPR???

Edited July 3, 2016 by TBoneTX
to delete quoted reference to removed material

[Robinhood21 2]

Again, what visa are you adjusting from? What visa did you enter the US with? How long have you been in the US to have fraud allegations lodged against you already? Are you really adjusting from a K visa? It doesn't sound like it.

I came here 22 years ago with a tourist visa and over stay.

Last year,I get married.

[Robinhood21 2]

not sure why you're angry at USCIS for doing their job, If you committed a CIMT it is their job to make sure you do not get a green card. No one has the right to anything involving immigration, it isn't a court of law and certainly no one has the right to immigrate here.

Not only USCIS,any agency,the way they conduct their job, very low.

I have very little respect for any agency, Federal,state,local,starting with police officers.

In general,they abuse of the ignorance of the people,don't get me wrong,I love the people here,I love people,I just don't like the Government.

...also I believe that everyone deserve a 2nd chance.

[caliliving 606]

I came here 22 years ago with a tourist visa and over stay.

Last year,I get married.

ok, well the good thing is you didnt commit fraud in your country and LIE about it to come here.. overstay IS forgiven when married to a USC...

i think you should have settled the fraud case BEFORE you AOS! i mean, clearly you have been in this country 22yrs you could ahve waited a bit longer.. if you went through the fraud case first and sorted it out and got no charges agains tyou, i think you would not have had a problem...

i am no lawyer, but if you do get charged with fraud IMO you would have a CIMT against you and may be able to AOS with a waiver??? i think you need to get that fraud case figured out befofre you continued.. and now keep in mind, even if it gets acquitted and off your record USCIS knows about it so you cant really hide it and say it didnt happen anymore

why on earth would you think you could AOS with a pending fraud charge against you in the first place is beyond me.. you need to hire a very very competent lawyer to handle your fraud case (whatever it is) and NOT an immigration laweyr for that.. solve that case first and figure out what/IF you are being charged and then proceed with a very very good competent (waiver specialist immigraiton lawyer)

Hello everyone,here looking for advise and/or suggestions for our case.....

My wife (US Citizen) and I went to the interview early June,the interview last almost 3 hours,yes 3 damn HOURS.

Well,long story short,there's an ongoing investigation outside Immigration matters for something that I did few months ago and USCIS found out.

80% of the questions were related to the criminal investigation and 20% of our marriage,they don't even bothered to look for our marriage evidence (photos,bills,bank statements,etc etc)

Now,like I said,it's an investigation going on,I haven't been convicted or arrested,so I don't know if USCIS can rely on that.

Also,we went to our interview without lawyer because I wasn't prepared for this,so I don't know if people whose attend these interviews has rights,constitutional rights

Those interviews are recorded??

Do they suppose tell people about their rights before starts the interview???

Thank you in advance.

the reason they didnt quesiton your marriage is because if you are charged with fraud then it doesnt matter if you have a valid marriage or not, as you wont be able to AOS with a CIMT against you.

[Robinhood21 2]

ok, well the good thing is you didnt commit fraud in your country and LIE about it to come here.. overstay IS forgiven when married to a USC...

i think you should have settled the fraud case BEFORE you AOS! i mean, clearly you have been in this country 22yrs you could ahve waited a bit longer.. if you went through the fraud case first and sorted it out and got no charges agains tyou, i think you would not have had a problem...

i am no lawyer, but if you do get charged with fraud IMO you would have a CIMT against you and may be able to AOS with a waiver??? i think you need to get that fraud case figured out befofre you continued.. and now keep in mind, even if it gets acquitted and off your record USCIS knows about it so you cant really hide it and say it didnt happen anymore

why on earth would you think you could AOS with a pending fraud charge against you in the first place is beyond me.. you need to hire a very very competent lawyer to handle your fraud case (whatever it is) and NOT an immigration laweyr for that.. solve that case first and figure out what/IF you are being charged and then proceed with a very very good competent (waiver specialist immigraiton lawyer)

the reason they didnt quesiton your marriage is because if you are charged with fraud then it doesnt matter if you have a valid marriage or not, as you wont be able to AOS with a CIMT against you.

Thank you for your sincere response.

We submitted the forms to USCIS September last year and in February this year the fraud investigation started.

It's only an investigation,no charges-arrest-conviction yet (knocking wood)

[caliliving 606]

Thank you for your sincere response.

We submitted the forms to USCIS September last year and in February this year the fraud investigation started.

It's only an investigation,no charges-arrest-conviction yet (knocking wood)

ok that makes more sense! i think you should ask a good immigraiton lawyer what would happen, but i assume until they figure out the charges against you, your case could be on hold. in the mean time, get a good lawyer for whatever fraud it is and get it off your record... i wouldnt proceed in anymore immigraiton interviews until you figure out what exactly to say! say it clears up and you dont get charged, the fact they are now aware of what is going on could hurt you depending on how you acted and what you said (if they think you may commit the fraud again) ect... but i really think you wont get an answer until your case gets resolve.d. if you are convicted you wont get a GC (you may be able to get a waiver). if you are not convicted, their is a chance they could still deny you.

[Robinhood21 2]

ok that makes more sense! i think you should ask a good immigraiton lawyer what would happen, but i assume until they figure out the charges against you, your case could be on hold. in the mean time, get a good lawyer for whatever fraud it is and get it off your record... i wouldnt proceed in anymore immigraiton interviews until you figure out what exactly to say! say it clears up and you dont get charged, the fact they are now aware of what is going on could hurt you depending on how you acted and what you said (if they think you may commit the fraud again) ect... but i really think you wont get an answer until your case gets resolve.d. if you are convicted you wont get a GC (you may be able to get a waiver). if you are not convicted, their is a chance they could still deny you.

That's right,I think that USCIS will hold my case waiting for the results of the investigation.

I already talk to 2 nonprofit organizations for legal representation if USCIS deny my case.

[Mrs. Wild 87]

A waiver for a situation like this would be very complicated. I agree with everyone who has previously stated you should get a highly competent immigration lawyer. If you are convicted, a waiver most likely be denied. Usually, a crime has to be in the past and you have to show that you have been rehabilitated. Otherwise, you have to prove extreme hardship to your USC relative. For CIMT, USCIS is pretty strict.

[TBoneTX 45,304]

I came here 22 years ago with a tourist visa and over stay.

Last year,I get married.

Thread is moved from the AOS/Family-Based main forum to the "AOS from WS&T Visas" main forum -- OP came on a tourist visa.

An earlier noncontributory post was removed, and several quotes of and references to that post have been edited accordingly.

VJ Moderation

[blest.but.strest 50]

I already talk to 2 nonprofit organizations for legal representation if USCIS deny my case.

Whatever you told the immigration officer about the fraud investigation will be forwarded to the agncy investigating you for fraud. If later on, you get charged and/or convicted, your chances of getting a green card will be very slim. USCIS might just hold your case until the fraud investigation is complete and then make a decision.

If you incriminated your self in any way during the interview, that alone would be enough for USCIS to deny your green card petition.

Right now you are in the waiting stage, all you can do now is wait for the fraud investigation to be over and wait to hear from uscis. If you get another interview notice, I suggest get a qualified attorney to accompany you.

[JFH 12,190]

I actually think the system is being very lenient towards you, OP. Two previous convictions in your home country and now a fraud conviction likely to be on the horizon. An overstay of 22 years and you are asking for the privilege to be a permanent resident? Remember immigration is a privilege, not a right. At any time in the 22 years of overstay prior to the marriage you could have been deported. You've been very lucky.

I wish the UK could be so lenient towards my husband - one previous conviction in the 1990s in the USA (he's the USC) and despite being married to a British citizen he has a lifetime ban from the UK. He can't even visit. Anyone who has been sentenced to more than 3 years in prison is inadmissible in the UK. No waivers. My husband was sentenced to 4 years and served 2.5 before being paroled but it is based on the sentence. Only a change of law and policy will allow him to visit the UK.

Please realise how lucky you are and be thankful if they allow you to stay rather than criticising the USCIS.

Edited July 3, 2016 by JFH

[Unlockable 7,314]

An investigation can lead to a charge being issued. And although it took some time to get more info about your case it does seem like USCIS did everything properly. You have to be honest with yourself in that you don't have the best history. And if the fraud case is something big like, for example, impersonation a USC so you can work has serious consequences and like it has be mentioned above even a marriage to an USC won't protect you from that. Again the fraud for impersonating an USC is just an example.

[Mrs.Hull210 24]

Hello everyone,here looking for advise and/or suggestions for our case.....

My wife (US Citizen) and I went to the interview early June,the interview last almost 3 hours,yes 3 damn HOURS.

Well,long story short,there's an ongoing investigation outside Immigration matters for something that I did few months ago and USCIS found out. <<--- If you are still hoping to be found innocent, you shouldn't confess on a public forum that can be monitored.

80% of the questions were related to the criminal investigation and 20% of our marriage,they don't even bothered to look for our marriage evidence (photos,bills,bank statements,etc etc)

Now,like I said,it's an investigation going on,I haven't been convicted or arrested,so I don't know if USCIS can rely on that. After a confession, it may very well be a strong case against you now. Make sure you definitely follow up with a lawyer.

Also,we went to our interview without lawyer because I wasn't prepared for this,so I don't know if people whose attend these interviews has rights,constitutional rights

Those interviews are recorded??

Do they suppose tell people about their rights before starts the interview???

Thank you in advance.

I really hope that you don't perceive my comments too harsh, just trying to make you aware of how some information you posted could come back and tank your case if eyes from the other side come across this forum.