Consular Processing and Criminal Record.

[Kev101 0]

Hello to all, I recently came across this site and I think it is very informative, and in general people have a vast knowledge of immigration laws and processes.

 

I would appreciate any replies to this post.

 

I will start from the beginning. I immigrated to USA with my parents in 1990 with a tourist visa. We overstayed, and they went to immigration court in 1998. The lawyer they had was no good, and we got a final order of removal,  I was 12 at the time and my parents did not leave and continued to live in the shadows. After the age of 14 I had a few run in's with the law and got arrested a few times, but never served any jail time. In 2008 ICE came to our home, and they took me and my other out of the house with a warrant from 1998. It was just me and my mother, because my father already left to go back home. They let my mother go and kept me because I had a criminal record. I got deported in Feb of 2009, with a 10 year ban because of the overstay and final order from 1998. My mother got her green card in 2011 and filed a petition for me. The petition got approved, but we had to wait for my 10 years to be finished and also the visa bulletin. My 10 years is finished Feb 2019, and we received the Welcome letter from NVC september 2018, because the visa bulletin is current. We hired a lawyer to get all of my records, before we started to file for consular processing. The lawyer got all my records.. He then reviewed it and said I have a few charges thats not really a big deal.. but 1 particular charge may get me denied at the interview. That charge is having a fake green card, along with some marijuana.. the police wrote a false report.. but the evidence is true. I have all of the court dispositions, and paperwork that the consular officer will need to see.

 

So my question is, will this be a big charge that may get me denied ? I have read someones post that had this charge and  said they still got approved.. but im wondering if anyone else is in this situation.

[Going through 5,671]

A couple of questions:

 

What is the country of origin?

Did you ever use the fake green card to obtain work in the USA?  Present it to any immigration officer claiming you were a LPR?  Did you also ever have a fake social security number/use someone else's number to obtain employment?

What was "false" about the police report?

What was the final disposition from the court regarding the fake green card?

 

30 minutes ago, Kev101 said:

So my question is, will this be a big charge that may get me denied ? I have read someones post that had this charge and  said they still got approved.. but im wondering if anyone else is in this situation.

Link to that post, please.  Would like to see if the situation in that thread is actually the same as yours.  Drug charges are one thing----- fraudulent document charges/obtaining and using a fake green card/misrepresenting yourself as a LPR at customs. etc. is an entirely different ballgame.

Edited August 9, 2019 by Going through

[Going through 5,671]

There are waivers for certain criminal charges...however I don't know the chances of a CO recommending a waiver with past use of a fraudulent green card.

[Nitas_man 3,100]

1 hour ago, Kev101 said:

Hello to all, I recently came across this site and I think it is very informative, and in general people have a vast knowledge of immigration laws and processes.

 

That charge is having a fake green card, along with some marijuana.. the police wrote a false report.. but the evidence is true. I have all of the court dispositions, and paperwork that the consular officer will need to see.

 

So my question is, will this be a big charge that may get me denied ? I have read someones post that had this charge and  said they still got approved.. but im wondering if anyone else is in this situation.

You were convicted of this?  What was the final disposition and what’s your record look like over the last 10 years?

 

Fraud of this nature falls under moral turpitude, no gray areas.  Which is a serious classification as you are probably aware.  

 

 

 

Edited August 9, 2019 by Nitas_man

[carmel34 3,634]

1 hour ago, Kev101 said:

but 1 particular charge may get me denied at the interview. That charge is having a fake green card

You will find out at the interview.  You will either be approved, or denied.  If denied, they will tell you if you are eligible to file a waiver or not.  If you are eligible to file a waiver, find a good attorney who has experience with this area of US immigration law.  Good luck!

[Boiler 45,541]

What did the Lawyer tell you,  obviously details matter but with that history sounds like your Mother would need to file a waiver.

 

Is this what the Lawyer said or does he think you will be approved  without one?

[Kev101 0]

Country of origin - Suriname (little country in South America)

I never used it for employment, I have never presented it to a Immigration Officer

I did not have a fake SSN, actually I had a real one.. I have never used someone else's SSN to gain employment

The police lied and said I was somewhere else when they picked me up.. even put a fake boulevard name.. They said they were housing authority, when they were detectives from a completely different area.. basically they lied under oath.. they went through my wallet and found the illegitimate document, along with 1 bag of marijuana.

The final court disposition - -  [Misdemeanor]   Sentence - Custody/Fine  30 day (s) / $100  Status : Paid in full ..... I never went to jail... the charges got dropped from a felony to a misdemeanor and a fine.

[Kev101 0]

45 minutes ago, Boiler said:

What did the Lawyer tell you,  obviously details matter but with that history sounds like your Mother would need to file a waiver.

 

Is this what the Lawyer said or does he think you will be approved  without one?

Yes he said I might need a waiver for the marijuana charge, but no waiver for the fake document

 

2 hours ago, Going through said:

A couple of questions:

 

What is the country of origin?

Did you ever use the fake green card to obtain work in the USA?  Present it to any immigration officer claiming you were a LPR?  Did you also ever have a fake social security number/use someone else's number to obtain employment?

What was "false" about the police report?

What was the final disposition from the court regarding the fake green card?

 

Link to that post, please.  Would like to see if the situation in that thread is actually the same as yours.  Drug charges are one thing----- fraudulent document charges/obtaining and using a fake green card/misrepresenting yourself as a LPR at customs. etc. is an entirely different ballgame.

Country of origin - Suriname (little country in South America)

I never used it for employment, I have never presented it to a Immigration Officer

I did not have a fake SSN, actually I had a real one.. I have never used someone else's SSN to gain employment

The police lied and said I was somewhere else when they picked me up.. even put a fake boulevard name.. They said they were housing authority, when they were detectives from a completely different area.. basically they lied under oath.. they went through my wallet and found the illegitimate document, along with 1 bag of marijuana.

The final court disposition - -  [Misdemeanor]   Sentence - Custody/Fine  30 day (s) / $100  Status : Paid in full ..... I never went to jail... the charges got dropped from a felony to a misdemeanor and a fine.

[Kev101 0]

1 hour ago, carmel34 said:

You will find out at the interview.  You will either be approved, or denied.  If denied, they will tell you if you are eligible to file a waiver or not.  If you are eligible to file a waiver, find a good attorney who has experience with this area of US immigration law.  Good luck!

Thank You.

[Kev101 0]

1 hour ago, Nitas_man said:

You were convicted of this?  What was the final disposition and what’s your record look like over the last 10 years?

 

Fraud of this nature falls under moral turpitude, no gray areas.  Which is a serious classification as you are probably aware.  

 

 

 

It got dropped from a felony to a misdemeanor and had to pay a $100 fine, no jail time.  My record is clean for the past 10 years.

[Boiler 45,541]

Only other thing I can think of is the Medical drug use could well come up. Whether that has an impact from a medical perspective I would not like to say as there are so many variables, expect them to want to make sure you are clean.

[Kev101 0]

1 minute ago, Boiler said:

Only other thing I can think of is the Medical drug use could well come up. Whether that has an impact from a medical perspective I would not like to say as there are so many variables, expect them to want to make sure you are clean.

Yes I'm clean

[Going through 5,671]

21 minutes ago, Kev101 said:

It got dropped from a felony to a misdemeanor and had to pay a $100 fine, no jail time.  My record is clean for the past 10 years.

That's a good thing.

The more pressing issue would be the drug charges then.

[Going through 5,671]

1 minute ago, Kev101 said:

Yes I'm clean

How long since you last used?  Not  judging, but you will have to admit to the drug use (whether now clean or not), and you will be asked when you last partook in that recreation.

[Kev101 0]

20 minutes ago, Going through said:

How long since you last used?  Not  judging, but you will have to admit to the drug use (whether now clean or not), and you will be asked when you last partook in that recreation.

About 5 years. On Another note, I see it says queens on your picture.. That's where I lived for 18 years I call it home. Thanx for your advice and help, I appreciate it.