criminal record

[LAWest83 2]

I am petitioning for my husband and step daughter and we are Aos for both. He came on B2 and her on VWP. I have read on USCIS website that initial evidence to submit with original application of I-485 would be any criminal record. But then I spoke with USCIS Customer service rep at the 1-800 number and he told me that we did not need to submit his criminal record as initial evidence but that depending on the officer who receives our case, at that officer's discretion , may ask that we submit the record at a later time, but the record is not required with original submission of I-485? Anyone with experience with this or knows any more? 

His criminal record is from 11 years ago, and only for kicking a football though someone's home window. 

[Rc123rc 528]

I'm curious how you petitioned AOS off a B2 (Husband) and VWP (His Daughter). I'm definitely missing something here. 

[LAWest83 2]

It is allowed. As long as the beneficiaries entered the country legally they can be petitioned and apply for AOS. Spoke with 4 different USCIS reps and 3 immigration attorneys and they all confirmed. They said "what USCIS is looking for is as long as they entered country legally and are immediate relatives of US citizen or permanent resident, it is allowed" 

[f f 725]

police clearance is not needed if adjusting while in country. nice little loop hole that i hope is fixed. he does however need to disclose any arrests convictions even if they are no longer on his record. if they find he lied by hiding them bad things happen.

 

they can file i130 and i485 concurrently to aos off if vwp or b2

[LAWest83 2]

17 minutes ago, f f said:

police clearance is not needed if adjusting while in country. nice little loop hole that i hope is fixed. he does however need to disclose any arrests convictions even if they are no longer on his record. if they find he lied by hiding them bad things happen.

 

they can file i130 and i485 concurrently to aos off if vwp or b2

CBP and USCIS have copies of his criminal record from when he did his interview for his B2 visa. So they are aware of his criminal record. Does that make any difference?

[f f 725]

that is good since you can assume they are not worried about the convictions. also the bad things were only if he had not told them about the convictions. since he has it should not be an issue.

 

if either of them goes out of status you have to fill out the i485 supplement form för that person which has a fee of $1000. neither petition is linked to the other so either petition can be filed first. just mentioning this since daughter is on vwp so 90 days max and dad is on b2 with 180 days with the ability to extend.

 

good luck

[LAWest83 2]

39 minutes ago, f f said:

that is good since you can assume they are not worried about the convictions. also the bad things were only if he had not told them about the convictions. since he has it should not be an issue.

 

if either of them goes out of status you have to fill out the i485 supplement form för that person which has a fee of $1000. neither petition is linked to the other so either petition can be filed first. just mentioning this since daughter is on vwp so 90 days max and dad is on b2 with 180 days with the ability to extend.

 

good luck

This is from the USCIS website.

[f f 725]

I guess not then. when I read the first paragraph of the instructions is seemed to me that if you were out of status it was needed.

[LAWest83 2]

31 minutes ago, f f said:

I guess not then. when I read the first paragraph of the instructions is seemed to me that if you were out of status it was needed.

I can understand that. A lot of the forms are confusing. I kinda feel like it's survival of the fittest filling these things out, haha. 

I think it would be true to supplement if for parents or other immediate relatives, but for spouse and child it's just the I 485

Edited January 13, 2017 by LAWest83