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bigbluesky2006

Adjustment of Status with Criminal Record?

By bigbluesky2006 in Adjustment of Status (Green Card) from K1 and K3 Family Based Visas

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bigbluesky2006 Newbie

bigbluesky2006   0

Posted
Filed: Timeline
Posted

I am a UK Citizen married to a US Citizen. I came over on the visa waiver program and have been here just over three months. I am considering applying for Adjustment of Status since my wife wants to be nearer to her family (we were previously living in the UK).

Unfortunately I have a criminal record here in the United States. I was arrested for Domestic Violence (2919.25), but the charge was dropped to Assault (2903.13). How will this affect my application?

Thanks :yes:

almaty Grand Master

almaty   19

Posted
Filed: Citizen (pnd) Country: Kazakhstan
 Timeline
Posted

yes i agree..an immigration attorney will be needed

Peace to All creatures great and small............................................

But when we turn to the Hebrew literature, we do not find such jokes about the donkey. Rather the animal is known for its strength and its loyalty to its master (Genesis 49:14; Numbers 22:30).

Peppi_drinking_beer.jpg

my burro, bosco ..enjoying a beer in almaty

http://www.visajourney.com/forums/index.ph...st&id=10835

Autumnal Proficient

Autumnal   25

Posted
Filed: Citizen (apr) Country: Canada
 Timeline
Posted

The costs for a lawyer vary pretty wildly, I hate to say. They probably range $500 to $3500 depending on the complexity of your case and what you're trying to achieve. If you just want someone to represent you and offer advice on the issue of having a criminal charge, then you should probably be on the lower end of the scale. You can probably fill out your own forms and whatnot without too much trouble and that would lower the cost pretty significantly. What you appear to want/need is a guide to the legal ramifications of your assault charge.

I would look to a few resources:

> AILA - the American Immigration Lawyers Association.

> Your local/state bar association.

> lawyers.com

> Referrals from others on this board with criminal records and/or tricky spots.

Really, you're probably going to want to interview a few or at least have an initial consultation. This should be free or very inexpensive, and the main point is whether or not you feel comfortable with the person.

26 January 2005 - Entered US as visitor from Canada.
16 May 2005 - Assembled health package, W2s.
27 June 2005 - Sent package off to Chicago lockbox.
28 June 2005 - Package received at Chicago lockbox.
11 July 2005 - RFE: cheques inappropriately placed.
18 July 2005 - NOA 1: I-485, I-131, I-765 received!
19 July 2005 - NOA 1: I-130 received!
24 August 2005 - Biometrics appointment (Naperville, IL).
25 August 2005 - AOS touched.
29 August 2005 - AP, EAD, I-485 touched.
15 September 2005 - AP and EAD approved!
03 February 2006 - SSN arrives (150 days later)
27 February 2006 - NOA 2: Interview for 27 April!!
27 April 2006 - AOS Interview, approved after 10 minutes!
19 May 2006 - 2 year conditional green card.
01 May 2008 - 10 year green card arrives.
09 December 2012 - Assembled N-400 package.
15 January 2013 - Sent package off to Phoenix.
28 January 2013 - RFE: signature missing.
06 February 2013 - NOA 1: N-400 received!
27 February 2013 - Biometrics appointment (Detroit, MI).
01 April 2013 - NOA 2: Interview assigned.

15 May 2013 - Naturalization Interview, approved after 15 minutes.

10 June 2013 - Naturalized.

Peggy Experienced

Peggy   1

Posted
Filed: Citizen (pnd) Country: Canada
 Timeline
Posted

So did you just get this criminal record since you have been here the last three months?

I dont know if that will matter or not. Or if it was from another time when you were in the US.

PEGGY & ROGER

3dflagsdotcom_canad_2fawm.gif3dflagsdotcom_usa_2fawm.gif

K-1/K-2 VISA'S APPROVED IN MONTREAL MAY 2, 2005

K-1/K-2 AOS APPROVED IN ATLANTA MAY 17, 2006

10 year GC Approved - APRIL 16th ,2009 - Peggy and Jonathan's......

Still waiting for our cards...Had to file I-90 as they sent them to the wrong address.

March 9th, 2010, Received GC that has been lost in the mail for 10 months. Still waiting for my son's that is lost as well.

Filed Waiver for my son's 10 year GC and it was approved. He finally received his GC after its been missing for 2 years.

Thanking God this is over for 10 years.

bigbluesky2006 Newbie

bigbluesky2006   0

Posted
Filed: Timeline
  • Author
Posted
So did you just get this criminal record since you have been here the last three months?

I dont know if that will matter or not. Or if it was from another time when you were in the US.

I just got this criminal record in the past three months. I have never been in any kind of trouble before here or in the UK. I was getting ready to submit my I-485 and other paperwork and then managed to get arrested for what I considered to be a minor incident. The American police/legal system seems to be a lot harsher than in the UK and it came as quite a shock.

Unfortunately all this has meant that I have gone over my 90 days allowed on the VWP which is also a cause for concern. I'm just trying to sort everything out so I can stay with my wife and family.

CWR Enthusiast

CWR   0

Posted
Filed: AOS (pnd) Country: Germany
 Timeline
Posted

So did you just get this criminal record since you have been here the last three months?

I just got this criminal record in the past three months. I have never been in any kind of trouble before here or in the UK. I was getting ready to submit my I-485 and other paperwork and then managed to get arrested for what I considered to be a minor incident. The American police/legal system seems to be a lot harsher than in the UK and it came as quite a shock.

Unfortunately all this has meant that I have gone over my 90 days allowed on the VWP which is also a cause for concern. I'm just trying to sort everything out so I can stay with my wife and family.

It sounds to me that you definitely need a lawyer......and as soon as possible, too :(

AOS timeline:

03/17/06 filed for AOS

03/28-06 touched

04/04/06 biometrics

04/05/06 touched

05/23/06 transfered to CSC

06/17/06 touched

08/16/06 touched

11/20/06 USCIS cust.service started inquiry about case (because it's outside of processing times)

11/30/06 approval e-mail

12/07/06 Greencard in the mail (= 8 months and 21 days for the entire AOS process)

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notrepetiteashley Community Regular

notrepetiteashley   0

Posted
Filed: AOS (apr) Country: Canada
 Timeline
Posted

So did you just get this criminal record since you have been here the last three months?

I dont know if that will matter or not. Or if it was from another time when you were in the US.

I just got this criminal record in the past three months. I have never been in any kind of trouble before here or in the UK. I was getting ready to submit my I-485 and other paperwork and then managed to get arrested for what I considered to be a minor incident. The American police/legal system seems to be a lot harsher than in the UK and it came as quite a shock.

Unfortunately all this has meant that I have gone over my 90 days allowed on the VWP which is also a cause for concern. I'm just trying to sort everything out so I can stay with my wife and family.

well, yeah see a lawyer. i called several and actually got to ask questions for free. i just said, "i need to ask a question about an immigration issue" and i talked to several people for free. then get the rates.

one had a $1000 downpayment and then charges were due monthly. it was reasonable.

good luck, man.

"Head high, shoulders back, purpose firm, and never slack!" ~Hetty King, Road to Avonlea (yes I am a Canadian-loving fool! Hahaha!) .png
5/23/03: Justin arrives to visit me in IA from SK.
6/7/03: We got married!
8/23/03: Filed I-130 from SK
8/25/03: Phoned border guards & asked if J could escort me back to IA, yes.
8/26/03: Arrive in IA
8/27/03: Went to USCIS local office to ask if J could stay in the US and file papers, yes
2004: I-130 approved!
6/05: Filed AOS/EAD
7/2/05: Rec'd receipt for I-485
8/05: Rec'd RFE for Biometrics
9/9/05: Rec'd RFE for medical
12/2/06: EAD APPROVED!
12/5/06: EAD card rec'd
1/15/06: AOS interview date for 4/11/06 at 11:00 a.m.
4/11/06: APPROVED!!!!!! NO MORE USCIS FOR 10 YEARS!!! WOOHOO!!! 2016...seems more like a page # than a year. Haha.

MaryandMian Mentor

MaryandMian   1

Posted
Filed: Citizen (apr) Country: Pakistan
 Timeline
Posted

I agree I would be making a consultation with a lawyer and shop around for the best estimates. Also check with the bar association to make sure they are in good standings. Good luck.

Mary

Everything I respond to is from personal knowledge, research or experience and I am in no means a lawyer or do I claim to be one. Everyone should read, research and be responsible for your own journey.

sjoefl01 Community Regular

sjoefl01   1

Posted
Filed: K-1 Visa Country: Colombia
 Timeline
Posted

If you plea bargained it down to assault then it must have not been very serious. I am guessing that they made you take some classes. Did you get any probation?

It sounds like the battery must have been against your present wife. This is bound to raise some eyebrows at the USCIS but I don't know what the full implications are. I can say that many people wont believe you and they wont believe your wife either.

The legal system got annoyed with all of the domestiv violence that cops had to stop and judges had to rule on. In most places there is more or less zero tolerance for this. If the cops get called somebody is going to jail. There is no such thng as dropping the charges any more. In most places now it is considered a crim against the state.

I agree that you should consult a lawyer and I would advise you not to believe a word that he / she says. I agree with Autumnal interview several and pick the one that sounds the most truthful, not the one that sounds the most hopeful.

Keep us posted. I haven't read of this particular problem on VJ. It would be good info to share.

PS:

You have a much worse problem than a green card. You guys must be having problems with disagreements that aren't being properly handled. I don't want to start anything here but if they didn't make you take some classes then you should really look into it. The police are not called to scenes where arguments are being handled in a proper way. There is a lot of help available. Whether you live here or in the UK you will have the same problem. This really isn't the way you want to live!

10 Nov mailed I 129F to TSC

16 Nov 29 Nov Notice date

3 Dec Received NOA 1

3 Jan 05 Please I just want to be touched

3 may 05 NOA2 E mail notification

7 May 05 Mail NOA2

11 May 05 sent petition to Bogota

18 May Packet 3 arrived

19 May Checklist taken to consulate

31 May Packet 4 delivered

29 June visa granted

1 July Visa delivered

Sometime in July Lucero came to US

13 Sept 05 Married

1 Nov 05 -USCIS recieved 485 and EAD

13 December RFE stupid things I should have included Returned very quickly

27 March received bio letter for New Orleans

7 Apr_06 Bio done in New Orleans

20 April 06 Touched on all applications

21 April Email received EAD approved

27 Apr Received EAD card

30 May 2006 Received appointment letter for JaX on 13 July 2006

13 July Interview successful approved

20 July Received green card

30 June 08 Sent I751 to remove conditions

25 July 08 Application returned erroneously incorrect fee

27 July mailed new application with separate checks

15 Sept 08 Application returned erroneously K2 not within 90 day timeframe

17 Sept Mailed 3rd application with mountains of proof of error copied Senator Mel Martinez

09 October 4th application package sent. This time they said the app signature page was a copy

10 Oct Sent package again 4th time.

25 Oct Received another NOA for Wife with $625 for the amount with one year extension

30 Oct 2008 Still nothing for step daughter. Checks still haven't cleared the bank

24 November Checks finally cleared the bank

February biometrics for wife Nothing for daughter.

Autumnal Proficient

Autumnal   25

Posted
Filed: Citizen (apr) Country: Canada
 Timeline
Posted

For a very general statement: if you and/or your spouse (if she was the target of the assault) took anger management classes, received counselling or other positive outcomes to prevent such a problem from happening again, that's likely to reflect fairly well. People do make mistakes... USCIS surely understands that.

I would definitely talk to the local bar association about recommendations and soon. Most states have specializations or at the very least an index or register of attorneys that practice immigration law and may have other specializations as well. It could be worth your while to ask around, and see if there are any that are specifically familiar with your circumstances.

If you are in overstay, you probably should not leave the country and try to re-enter or else that could cause you a lot of problems. Ideally you'll put the AOS package out asap, but this needs to be reviewed first and foremost. Your situation is pretty unique, and it could have ramifications that we, the non-lawyer-ly, can't really address with the same level of expertise.

26 January 2005 - Entered US as visitor from Canada.
16 May 2005 - Assembled health package, W2s.
27 June 2005 - Sent package off to Chicago lockbox.
28 June 2005 - Package received at Chicago lockbox.
11 July 2005 - RFE: cheques inappropriately placed.
18 July 2005 - NOA 1: I-485, I-131, I-765 received!
19 July 2005 - NOA 1: I-130 received!
24 August 2005 - Biometrics appointment (Naperville, IL).
25 August 2005 - AOS touched.
29 August 2005 - AP, EAD, I-485 touched.
15 September 2005 - AP and EAD approved!
03 February 2006 - SSN arrives (150 days later)
27 February 2006 - NOA 2: Interview for 27 April!!
27 April 2006 - AOS Interview, approved after 10 minutes!
19 May 2006 - 2 year conditional green card.
01 May 2008 - 10 year green card arrives.
09 December 2012 - Assembled N-400 package.
15 January 2013 - Sent package off to Phoenix.
28 January 2013 - RFE: signature missing.
06 February 2013 - NOA 1: N-400 received!
27 February 2013 - Biometrics appointment (Detroit, MI).
01 April 2013 - NOA 2: Interview assigned.

15 May 2013 - Naturalization Interview, approved after 15 minutes.

10 June 2013 - Naturalized.

dmartmar Community Regular

dmartmar   1

Posted
Filed: Timeline
Posted
I just got this criminal record in the past three months. I have never been in any kind of trouble before here or in the UK. I was getting ready to submit my I-485 and other paperwork and then managed to get arrested for what I considered to be a minor incident. The American police/legal system seems to be a lot harsher than in the UK and it came as quite a shock.

Unfortunately all this has meant that I have gone over my 90 days allowed on the VWP which is also a cause for concern. I'm just trying to sort everything out so I can stay with my wife and family.

So not only were you arrested during your approved time, on top you also overstayed it!

 
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