Canadian adjusting status in US with criminal history

[EliseS 0]

I'm a Canadian Citizen living in the US and married to a USC. I plan on filing to adjust status but I'm concerned I may not be eligible to adjust because of my criminal history.

Juvenile criminal background:
I got arrested twice when I was 12 yrs old & 13yrs old. The charges resulted in absolute discharges which are not convictions. The records are destroyed two months after the disposition date.

Adult criminal background:
I got convicted of possession under $1000 when I was 21yrs old. Also, a separate charge of theft stemming from a separate incident that resulted in a conditional discharge. I know a conditional discharge is a conviction under US immigration law. No jail time was served in either case, 1 yr probation for the conditional discharge case. Both cases were tried summarily.

I received a Canadian Pardon for the conviction when I was 21yrs old in 1997 after demonstrating rehabilitation for my actions. The charges are over 15 years old. Am I eligible to adjust status with my criminal history? Do I require a waiver? I was told I cannot adjust status with multiple convictions. I am just trying to decide whether I should apply for adjustment of status or not.

 

Thank you
 

[azblk 338]

29 minutes ago, EliseS said:

I'm a Canadian Citizen living in the US and married to a USC. I plan on filing to adjust status but I'm concerned I may not be eligible to adjust because of my criminal history.

Juvenile criminal background:
I got arrested twice when I was 12 yrs old & 13yrs old. The charges resulted in absolute discharges which are not convictions. The records are destroyed two months after the disposition date.

Adult criminal background:
I got convicted of possession under $1000 when I was 21yrs old. Also, a separate charge of theft stemming from a separate incident that resulted in a conditional discharge. I know a conditional discharge is a conviction under US immigration law. No jail time was served in either case, 1 yr probation for the conditional discharge case. Both cases were tried summarily.

I received a Canadian Pardon for the conviction when I was 21yrs old in 1997 after demonstrating rehabilitation for my actions. The charges are over 15 years old. Am I eligible to adjust status with my criminal history? Do I require a waiver? I was told I cannot adjust status with multiple convictions. I am just trying to decide whether I should apply for adjustment of status or not.

 

Thank you
 

A criminal record in itself is not a bar to adjustment. It is the crimes committed that present a problem. Theft can be a CIMT and generally possesion of any kind is a NO NO. Talk to a good lawyer ( not a form filler) before filling anything.

[Ontarkie 14,549]

Get your court records for both your juvenile and adult history. You are going to need them and no they have not been destroyed. They just get locked away, you will have to get the courts to dig them out. Some clerks will tell you they don't have them if they can't find your info on the computer data base. They may have to actually look up the dates in the big book. Again they do not destroy criminal records they are stored in away until needed. 

 

Get multiple certified copies of them. You will need to submit them for each process. AOS, ROC and N400 if you go this route. 

Once you have them in hand then speak to an attorney and see what your chances are.  You have too many charges to not seek counsel. 

 

Edited June 1, 2018 by Ontarkie

[EliseS 0]

Thank you for the info. Do you know if I can call the Ontario courthouse to order my court records?  I’m living in the US.

[Ontarkie 14,549]

Yes you can call them.  Try to get the dates as close as you can to help them track it down better. 

[Teemo 252]

10 hours ago, Ontarkie said:

Get your court records for both your juvenile and adult history. You are going to need them and no they have not been destroyed. They just get locked away, you will have to get the courts to dig them out. Some clerks will tell you they don't have them if they can't find your info on the computer data base. They may have to actually look up the dates in the big book. Again they do not destroy criminal records they are stored in away until needed. 

 

Get multiple certified copies of them. You will need to submit them for each process. AOS, ROC and N400 if you go this route. 

Once you have them in hand then speak to an attorney and see what your chances are.  You have too many charges to not seek counsel. 

 

Agreed. In the US you'd need the certified court disposition and certified police record. Nothing gets expunged or removed in terms of immigration, the government can see anything even if a private citizen or company cannot.

 

My gut is that you'll be ok but it's too messy to go this alone. Get a lawyer and get him to back up any statements he makes by pointing to the exact law that applies. Even then, he might be operating on the law as written not as its practiced so get a 2nd opinion here. 

Edited June 2, 2018 by Teemo