goodguy1200
New Member
Is it CIMT or Aggravated felony for Immigration? Is it improper admission? Is it deportable? Is it removable?
May 2000 - (1) Pleads guilty to Trespass - 180 days suspended sentence
( VA 18.2-119 - http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+18.2-119 )
(2) Accused of Stalking - Dismissed by Judge
(3) Accused of 2 Violations of Protective Order - both happening on same date.
Did not plead guilty or no contest.
Prosecutors did nolo prosequi with one year suspended sentence in both violations.
( VA 18.2-60.4 - http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+18.2-60.4)
Feb 2008 - Filed I-485. Disclosed all prior arrests and convictions.
April 2009 - got green card. Wife and two small kids are US citizens.
Feb 2014 - Records destroyed by court and police after 10 years
April 2014 - Filed N400. Disclosed all prior arrests and convictions
July 2014 - N400 interview. IO raised few questions
(1) I-601 not filed before I got GC in April 2009
(2) Two convictions with 12 months (suspend) may be crime of violence, CIMT and aggravated felony.
Online records of courts say conflicting information - Nolo prosequi with one year suspended sentence. Virginia criminal lawyers say that something is incorrect. Records have been destroyed by courts and police. Court clerk is unable to say definitely whether I was convicted or not convicted of Violations of Protective Order. They have provided certified letter of destruction.
USCIS officer has asked me to provide arrest records and charging documents. But none are available.
How do you respond to this RFE?
May 2000 - (1) Pleads guilty to Trespass - 180 days suspended sentence
( VA 18.2-119 - http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+18.2-119 )
(2) Accused of Stalking - Dismissed by Judge
(3) Accused of 2 Violations of Protective Order - both happening on same date.
Did not plead guilty or no contest.
Prosecutors did nolo prosequi with one year suspended sentence in both violations.
( VA 18.2-60.4 - http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+18.2-60.4)
Feb 2008 - Filed I-485. Disclosed all prior arrests and convictions.
April 2009 - got green card. Wife and two small kids are US citizens.
Feb 2014 - Records destroyed by court and police after 10 years
April 2014 - Filed N400. Disclosed all prior arrests and convictions
July 2014 - N400 interview. IO raised few questions
(1) I-601 not filed before I got GC in April 2009
(2) Two convictions with 12 months (suspend) may be crime of violence, CIMT and aggravated felony.
Online records of courts say conflicting information - Nolo prosequi with one year suspended sentence. Virginia criminal lawyers say that something is incorrect. Records have been destroyed by courts and police. Court clerk is unable to say definitely whether I was convicted or not convicted of Violations of Protective Order. They have provided certified letter of destruction.
USCIS officer has asked me to provide arrest records and charging documents. But none are available.
How do you respond to this RFE?