A dire situation I suppose.

O

OneWonders

Registered Users (C)
Hello people, this is my first post of many I'm sure.
I'm hoping I can get a little advice on a few serious questions I've had in mind for a long time.

Thanks.... Here goes...

I'm beginning the process of filing for an Adjustment of status after overstaying my tourist visa for 8 years.
I'm married, have a baby daughter and own a home with my wife.

Several days before leaving for the US I was arrested for something I had no involvement with, having left regardless of the situation because I thought it was completely moronic on their part, the prospect of returning to fix the problem seemed at the time like it would work against me in the long run.

I do wish I'd addressed it all those years ago, but it is being taken care of slowly by a Lawyer from my home country.

I've had no criminal trouble in the US, whatsoever.

So for my questions;

Although I'm trying to sort this problem out in my home country
and through numerous witnesses I likely can, how likely is the USCIS to discover this incident if I was to not confess?
What sort of limitations do they have when trying to uncover your past?

According to my Criminal record, nothing happened, but my lawyer is certain there is a warrant for my arrest.

If I do resolve it and do admit to it, regardless of the problem being fixed,
won't they just dismiss me anyway?

If I am dismissed, what kind of hope do I have when filing to waiver their decision? Does having a USC wife and child afford me with any relief?

Would they consider the accusation from a US perspective and dismiss it
as ridiculous? It wasn't a crime of moral turpitude, but it was a pretty serious accusation.

And slightly unrelated.

Is it possible to get Health insurance through your wife without an SS#, the Health insurance company says they need no SS#, but the company she works for says they do. Would it be possible to suggest giving a passport number or other identifier other than Social security details that I don't currently have.


....

I have seen a US immigration lawyer, but they won't provide me with any answers, loops holes, anything that could suggest I leave some details 'out'.
They're expecting I do everything 100% legit, but I believe in doing so, I'll only hurt my chances.


:D
 
Last edited by a moderator:
Hmmn, from my understanding, that seems to me like a foreign affairs, and the US has noo record of your criminal conviction in your home contry except it was a federal crime, and still will require some thorough investigation from the us government at your home country o acess files, and i really do not think that the USCIS has time for all that.
But for any criminal record that you have in the US, it will be disclose to the USCIS.
 
And oh I just realized this one.. " One of the G325A forms that we all completed (4 copies in all) is sent to the American Embassy in the Applicant's home country. While there, the Embassy may conduct a local background check and if a warrant has been issued, it may be discovered"

so i would say be sure you are cleared by all means.
 
So wait, if I can get this certificate with no criminal record on it,
that's as far as they go with their investigation?

If that's the case I might be home free.

...

I do apologize to those who can't stand people who try to bend the
rules like I have done. But I am trying so hard to undo the
irresponsible things I did as a younger adult..
 
godisgoodtome said:
And oh I just realized this one.. " One of the G325A forms that we all completed (4 copies in all) is sent to the American Embassy in the Applicant's home country. While there, the Embassy may conduct a local background check and if a warrant has been issued, it may be discovered"

so i would say be sure you are cleared by all means.
Click to expand...

Ugh, there goes my hope again.
 
OneWonders said:
Ugh, there goes my hope again.
Click to expand...

i'm sorry to get u all hoped.. but yes there is hope.. all you have to do is get a crimnal record from your home country or what some country calls certificate of clearance and keep that with you when you go for interview, they might not even asked but just so you be prepared for the worst.
Also, when the conviction or jail questions comes up, just let them know that yes but not in the US, that it was a long time ago back home,,, and aleast if they had suprises for you then you were very honest and most IO's will be happy with you being truthful and just go passed that.
 
Unrelated question -
If a person has a H1B and overstays, does their SS# become illegal to use?

Just curious as a friend of mine is out of status since May, but marrying his USC in December. Seems there's a lot of this going on. Which is why the US needs to reform immigration.
 
OneWonders said:
Unrelated question -
If a person has a H1B and overstays, does their SS# become illegal to use?

Just curious as a friend of mine is out of status since May, but marrying his USC in December. Seems there's a lot of this going on. Which is why the US needs to reform immigration.
Click to expand...

ssn remains the same, but when she gets married, applies for 1-745, then opains EAD, then an order to get a new ss card will be issued , but it will be the same number just a different card with the INS authourization band lifted.
 
Is it a private insurance or health insurance from your spouse's work? I don't have SSN but I was in my hubby's insurance from work. We weren't even asked to submit our marriage certificate. He just gave them my information.
 
rogersck said:
Is it a private insurance or health insurance from your spouse's work? I don't have SSN but I was in my hubby's insurance from work. We weren't even asked to submit our marriage certificate. He just gave them my information.
Click to expand...

It's insurance from her work. Interesting answer though, 8 years without insurance has made it that I've certainly put some money back into the system.
 
You must log in or register to reply here.
Top