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Kincho

Interview GC while on probation.

By Kincho in Work Visas

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Kincho Rookie

Kincho   3

Posted
Filed: EB-3 Visa Country: Thailand
 Timeline
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Hi everyone. I recently got first DUI on 2016 my case was dismissed,but i’m still on probation till 2019(3years) I paid all fine and do all the court requirements.

I got Interview for EB3 visa on 6/28/2018 .Can i still have a chance to get a GC? is there anyone have experience about apply GC while on probation please share,Thanks 

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artml Contributor

artml   30

Posted
Filed: EB-2 Visa Country: Ukraine
 Timeline
Posted

I think you can, just be honest about your case with the visa officer and do your best to demonstrate to them and persuade them that you have learned your lesson and won't repeat it while in the U.S.

 

I would also consult with a lawyer and made extensive preparations for the interview. 

Spoiler

☑ Started the whole thing – December 13, 2016

☑ PWD request filed – January 19, 2017 

☑ PWD issued – April 7

☑ PERM certification filed – July 18

☑ PERM approved – November 14, 2017

☑ I-140 filed with PP – January 30, 2018 

☑ I-140 approved – February 27

☑ I-140 sent to NVC – March 19

☑ NVC case number issued – May 17

☑ NVC Scan Date – June 11

☑ NVC Case Complete – June 14

☑ Interview scheduled – July 16

☑ Medical exam – July 17

☑ Interview completed – August 21

☑ Visa received – August 27

☐ Touch down – September 28

 

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randomstairs Community Regular

randomstairs   303

Posted
Filed: Citizen (apr) Timeline
Posted (edited)
On 5/2/2018 at 9:20 AM, Kincho said:

Hi everyone. I recently got first DUI on 2016 my case was dismissed,but i’m still on probation till 2019(3years) I paid all fine and do all the court requirements.

I got Interview for EB3 visa on 6/28/2018 .Can i still have a chance to get a GC? is there anyone have experience about apply GC while on probation please share,Thanks 

Yes, there is a good chance you'll get the GC while on probation but it's far from certain. It sounds like you were convicted for immigration purposes (it doesn't matter if the judge dismissed the case). That said, DUI is not a CIMT so you're not inadmissible and can, in principle, get the GC (which is not the case with naturalization, where you can't be on probation). They may request the "final disposition" though and I'm not sure if you can get that before the end of the probation. Needless to say, you have to disclose the case if asked during the interview. So, I'd say you've about 80% chance of getting it without any issues. In the worst case scenario it may get delayed. 

Edited by randomstairs
03/04/2016 AOS (EB2-NIW concurrent with I-485) mailed to Lewisville TX Lockbox
03/07/2016 AOS delivered to USCIS and signed
03/12/2016 Case received by Nebraska Service Center (NSC)
03/14/2016 Text notification received for I-140/I-485/I-765/I-131.
04/08/2016 Biometrics notice received for 04/21
04/13/2016 Biometrics early walk-in completed.
04/15/2016 EAD/AP combo card received in mail.

 

Long wait begins...

 

11/04/2016 I-140/485 cases transferred from Nebraska to TCS
12/01/2016 Prepared package for EAD/AP renewal (expires 04/09/2017)
12/23/2016 USCIS suddenly changes several forms, invalidating my EAD/AP renewal package (not yet sent)
12/27/2016 USCIS suddenly reforms the entire NIW criteria system, replacing a 20 years old one. Uncharted waters. 
01/07/2017 (Saturday!) EAD/AP renewal package with new forms received in Phoenix "reception desk"
01/17/2017 EAD/AP renewal case accepted; text/email with receipt numbers was received
01/30/2017 Law firm finally confirms that USCIS has suspended processing all EB2-NIW cases due to new criteria. 
02/23/2017 USCIS slowly starts adjudicating NIW cases again.
04/21/2017 Extended EAD/AP received in mail. Valid for 2 years. 
05/06/2017 Received a massive RFE on I-140 NIW case.
07/20/2017 RFE response received by USCIS (a very long response with 30 pages of docs)
09/14/2017 I-140 NIW approved!!! 
11/28/2017 RFE for new medical issued (plus another request re Supp J for employment which is clearly issued in error)
12/04/2017 RFE received in mail
12/07/2017 repeated medical exam for I-485
12/08/2017 Attorney receives documents for responding to I-485 RFE
12/21/2017 Response to RFE received by USCIS 
02/09/2018 I-485 approval (text, email) :)
02/08/2018 I-485 approval notice issued (the "welcome letter") - I'm LPR now
02/16/2018 Green card received
 
11/14/2022 Filed N-400 online; receipt and biometrics reuse form received online
03/07/2023 N-400 Interview scheduled 
04/xx/2023 N-400 approved, same-day Oath ceremony completed. I'm a US citizen.
05/xx/2023 US passport in hand

 

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  • 4 months later...
Kincho Rookie

Kincho   3

Posted
Filed: EB-3 Visa Country: Thailand
 Timeline
  • Author
Posted

My case is gotten approved to day after waiting administration processing since 28 june 2018 here’s my time line

interview date on 28/6/2018

-27/7/2018 administrative processing

-02/8/2018 status change to “Ready”

-03/8/2018 Ready

-07/8/2018 Ready

-08/8/2018 Ready

-14/8/2018 Ready

-23/8/2018 Ready

-27/8/2018 Ready

-28/8/2018 Ready

-30/8/2018 Ready

-31/8/2018 Ready

-03/9/2018 Ready

-05/9/2018 Ready

-10/9/2018 Ready

-11/9/2018 status change to “Issued”

I know it a long wait for administrative processing, i cried after see status change to issued.

Best luck to all fo you

 

 

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