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CitizenWheelz

i-130 approved, but i-485 pending for past charges. What are his chances?

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Filed: Citizen (apr) Country: Peru
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Hello Guys!

 

I am trying to gather information to help my brother in getting his i-485 approved. 

 

I need advice from people who perhaps have experienced something similar or have some knowledge about the matter. 

 

Please no rude or negative comments, we all make mistakes and even though i know my brother made a really bad mistake I am just trying to help a family member.

 

Here is the story:

 

1: My brother arrived to America on 2014 with a Tourist visa and decided to stay, (his visa expired).
 

2: On 2015 he married his US Citizen fiance.
- At the present time they have a 1 year old baby and are living together, they bought a house here in America.
 

3: Same year 2015 he got into trouble with the police, at a party he got really drunk and got arrested by local police, he refused arrest and assault a police officer.
- He hired a criminal lawyer who was able to put him into a P.T.I Program since this was his first offense and there were no criminal neither juvenile records before.


Charges are: 
Resisting arrest by physical force or violence, 2C:29-2A(3)(A) Degree: 3
Aggravated assault a police officer, 2C:12-1B(5)(A) Degree: 3

 

*The Pretrial Intervention Program (PTI) provides defendants, generally first-time offenders, with opportunities for alternatives to the traditional criminal justice process of ordinary prosecution. PTI seeks to render early rehabilitative services when such services can reasonably be expected to deter future criminal behavior.*

 

- The PTI condition was for drug and alcohol testing every once in a while for a total period of three years.
- Even though  the PTI condition was for drug and alcohol testing, there was no drugs involved in here, alcohol only.
- He is still in the PTI program, there is 1 more year left before is done.

 

4: Last year (beginning of 2017) he decided to hire an immigration lawyer and apply for immigration status adjustment based on marriage.
- Three of the first immigration lawyers that he saw told him that there was no chance for him in getting a green card with his past two charges.
- One immigration lawyer told him to take a risk and apply for a green card so he did.

 

5: Middle of 2017 he got his work permit and travel document permit approved and now he is in the process of getting his driver license.

 

6: On Feb 15, 2018 he went to his immigration/green card interview with his wife and everything went fine.
- The immigration officer reviewed their marriage and comment that their marriage is fine.
- The immigration officer ask for original or certified documents from the incident/arrest that he got involved back in 2015 but there was none.
- My brother only presented copies from the court and police reports but none original/certified.

 

7: At the end of the interview the immigration officer told them that the marriage was fine but she could not make a decision for now.
- Yesterday Feb 27, 2018 my brother review a letter saying that his i-130 was approved, but his i-485 is still pending for review along with a letter
asking for more evidence regarding his arrest back in 2015.

 

Please see attached file of copy of the letter asking for more evidence that he received.

 

My questions:

1: What do you guys think will be the outcome of this case?

 

2: Ware the possibilities of him getting his green card approved?

 

3: What is exactly the documents that immigration is requesting now?
- We are afraid of sending the wrong documents or missing documents
and my brother don't trust his lawyer anymore since he believe that
he was in charged of telling him about the original/certified documents from
the court regarding the PTI Program and Arrest.

 

4: What other documents can we submit in order to make a better outcome? 
-Is there any recommendation or advice that you can give regarding this case?

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