So many problems

[piff 46]

Well, this is what I would do and have done it before to help my friends. 

 

You can get all money back from the attorney, they must, by law, keep the money in the escrow otherwise they will be disbarred. You can fell free to mention it. Depending on your state, I would contact the Bar and consult with them in this regards too. 

 

Now, contact Peter Messersmith, he is a great guy in Chicago IL and did a fabulous job for all I've known and referred to him. Very nice guy and does his job.

 

Good luck!

[f f 725]

14 hours ago, K8t said:

There is nothing in the guide regarding a crime like this. 

how do you expect people to help if you do not give them any info on the crime? was it politically motivated shop lifting or politically motivated mass genocide? there is a slight differencein how they are p recieved even though they both are politically motivated.

[shayden10 78]

If you go to page 3 of the instructions of the I-485, the first section under "Initial Evidence" refers to Criminal History. It states that:

 

A. If you have every been arrested or detained by any law enforcement officer for any reason, and no charges were filed, submit: An original official statement by the arresting agency or applicable court order confirming that no charges were filed.

 

B. If you have ever been arrested or detained by any law enforcement officer for any reasons, and charges were filed, or if charges were filed against you without an arrest, submit: An original court-certified copy of the complete arrest record and/or disposition for each incident (e.e. dismissal order, conviction record, or acquittal order).

 

C. If you have ever been convicted or placed in an alternative sentencing program or rehabilitative program (such as drug treatment or community service programs), submit: An original or court-certified copy of the sentencing record for each incident; AND evidence that you completed your sentence, specifically: An origiral or certified copy of your probation or parole recordl or evidence that you completed an alternative sentencing program or rehabilitative program.

 

D. If you have ever had any arrest or conviction vacated, set aside, sealed, expunged, or otherwise removed from your record, submit: An original or court-certified copy of the court order vacating, setting aside, sealing, expunging, or otherwise removing the arrest or conviction: or an original statement from the court that no record exists of your arrest or conviction.

 

Whether he needed a waiver or not should not affect whether he submits the requested initial evidence. By not providing this evidence you will get an RFIE. 

 

In addition, part 6 of the Initial Evidence portion of the Instructions refers to Police Clearances. It states that if you are filing for AOS as a member of a special class described in an I-485 Supplement Form, please read the instruction on the supplement form to see if you need to obtain and submit police clearances, in addition to required fingerprints, with your application. 

 

I am unsure as to whether F1 has a specific Supplement Form, but because he has a criminal record it may be beneficial to get police clearances, they may request them later. 

 

The I-485 Instructions can be found here: https://www.uscis.gov/sites/default/files/files/form/i-485instr.pdf 

I recommend you take a look at the instructions for all the forms you are filing if you have not done so already, so you understand the form, the purpose, and any other information you should submit with them. 

 

It is not advised your husband return home for these forms, as he may not be able to return or it may not look good when you adjust his status and they determine he went home to collect documents to adjust status. Hopefully his POA can get them for you in a timely matter.

 

Hope this helps, best of luck!

[K8t 0]

3 hours ago, f f said:

how do you expect people to help if you do not give them any info on the crime? was it politically motivated shop lifting or politically motivated mass genocide? there is a slight differencein how they are p recieved even though they both are politically motivated.

The details would identify him. This was a high profile case. There was an assault charge but as I said, human rights organizations and many foreign governments including the US put out statements that it was a false charge. 

[shayden10 78]

20 minutes ago, K8t said:

The details would identify him. This was a high profile case. There was an assault charge but as I said, human rights organizations and many foreign governments including the US put out statements that it was a false charge. 

Even if governments and human rights organizations made statements that it was a false charge, it is still a charge on his record. You could definitely include some of those statements as proof that the charge was seen as false by many others and it may lessen the severity of the charge in the eyes of USCIS, but that doesn't change the fact that it is on his record in his home country and those statements will likely will not be accepted in place of a statement from the court or police record. 

I am assuming that he answered "Yes" to one of the questions on page three of the I-485. There are instructions next to "Answer the following Questions" should you answer yes. Those instructions tell you to explain on a separate piece of paper and submit continuation pages according to the guidelines on Page 3 of the Instructions. He must answer those questions and submit the corresponding evidence should he say yes. 

 

[Rc123rc 528]

He's going to need the police records from his home country and the sooner the better. If the arrest is on there then you're also going to need the supporting documentation for the arrest record and court documents with final disposition. Politically motivated or not with statements from various organizations saying it was false can be part of the documentation and may or may not help your case but the police record is what it is and you can't change that fact. The good news a waiver wasn't required for the F1 and Tourist Visas. 

[f f 725]

police certificates are not actually required when aosing in the us. only things that are required are court records.

[Ben&Zian 4,398]