"Labeled a criminal" asylum recommended for approval Help me out!!

[Alien#000]

Hi everyone I just came across this forum today and I find it very helpful..
I am not very familiar with all the terms but I'll do my best and hopefully someone can shed some light....on my case...

Here is my story:

My Parents, sister and I filed the form for Asylum back in early 2002
my beautiful mother who is the principal received a letter from asylum office stating that our aplication was recommended for approval..(but not yet approved 'till today)
meanwhile I could not behave as I should have (I was 18 and wild), in 06-21-2003 I got a DUI when I was 18 got provation for 3 years. before the provation was finished I got pulled over while my license was suspended, so I stupidly lied about my name to the cop (2005), Finally they found out my real name and charged me with giving "False identification to a peace officer" and got provation for two years. so now I have two misderminors convictions.and I finished provation succesfully
2007.
After the fingerprints came out I got a letter from USCIS requesting the final court dispositions for my two criminal cases on "10-15-2007" I sent the additional evidence they had requested.
What worries me the most is that my entire family case has been put on hold because of me..
the question is as follows:
Based on someone's direct or indirect experience what would be the most likely outcome for such case as mine?
Would I be denied asylum even though it was recommended for approval?
Would my whole family be denied because of my teenager stupidity?
Does the fact that I have two misderminors qualifies me for deportation?

please it's been alot of time I need to hear somebody who has been through something similar...
BTW: I already hired a good and expensive lawyer to assist me with this hard time that I have given to myself and my innocent family.

 

[wantmygcnow]

I doubt you will find someone with same history. Its amazing that you took stay in this country granted for.

Best of luck to you.

 

[ccordova624]

I agreed. You were granted legal stay in the US and u behave like a criminal. You should pack your stuffs and go back to your country, we dont need those type of immigrants in the US. Your example make us all look bad...

Yes, you qualify for deportation, they may or may not. Do not expect an adjustment of status to go smooth... and citizenship? ummm forget about it for a while...
No the asylum of your family will be ok.

Hope your family dont suffer for your stupidity.

 

[val2000]

forgiveness and compassion

As recipients of asylum, an humanitarian relief by this country, the US is demonstrating its compassion. I should expect the same for a fellow member of this board who is recognizing his/her mistakes.

To Alien#000, I would suggest that you find support and advice with an attorney or assylum immigration organization.

 

[John Smith 1]

you deserve deportation

because of your selfishness and stupidity, you ruined your entire family,
i really feel sorry for your family,
i dont have any sympathy for you

 

[faysal]

Hi everyone I just came across this forum today and I find it very helpful..
I am not very familiar with all the terms but I'll do my best and hopefully someone can shed some light....on my case...

Here is my story:

My Parents, sister and I filed the form for Asylum back in early 2002
my beautiful mother who is the principal received a letter from asylum office stating that our aplication was recommended for approval..(but not yet approved 'till today)
meanwhile I could not behave as I should have (I was 18 and wild), in 06-21-2003 I got a DUI when I was 18 got provation for 3 years. before the provation was finished I got pulled over while my license was suspended, so I stupidly lied about my name to the cop (2005), Finally they found out my real name and charged me with giving "False identification to a peace officer" and got provation for two years. so now I have two misderminors convictions.and I finished provation succesfully
2007.
After the fingerprints came out I got a letter from USCIS requesting the final court dispositions for my two criminal cases on "10-15-2007" I sent the additional evidence they had requested.
What worries me the most is that my entire family case has been put on hold because of me..
the question is as follows:
Based on someone's direct or indirect experience what would be the most likely outcome for such case as mine?
Would I be denied asylum even though it was recommended for approval?
Would my whole family be denied because of my teenager stupidity?
Does the fact that I have two misderminors qualifies me for deportation?

please it's been alot of time I need to hear somebody who has been through something similar...
BTW: I already hired a good and expensive lawyer to assist me with this hard time that I have given to myself and my innocent family.

Mr. I really have difficult in reconciling your writing with your behavior. You seem well educated, and sound person, but your behavior is kind wild.

As far as your situation goes, I haven't run across any individual with the same issue, but I have seen many individuals with immigration issues. I think if you think hard and work hard you will be able to get your asylum status and greencard and final citizenship.
You made your case very difficult for yourself, and you embrassed the asylum officer who gave you the recomanded approval. In any case, you will not affect your family's asylum case. Each individual is unique in US laws, but you have drawn some unnecesary attension to your family's case.

My final point is wherever, you stay whether you stay here in the US or deported back to your country, always strive to be a good citizen of the world...good with your case

 

[Alien#000]

Tnx for your uneducated guess!!

because of your selfishness and stupidity, you ruined your entire family,
i really feel sorry for your family,
i dont have any sympathy for you

Well first off, you better read and inform yourself before you throw some uneducated guess about some topic that you have no idea about, Second off yes I messed up big time, but still that does not give you the right to judge me in any fashion whatsoever. Jhon smith this is a forum in which I sought to find some sort of professional advice not someone's judgements about my life and please do not feel sorrowness for my family, in fact they do not need it.
tnx

 

[Alien#000]

Faysal gave me some hope!!

Faysal:
Tnx for taking time and answering my question in such educated manner.
I know I made my life harder but I learned from my mistakes and everyday I feel bad about it, but how my mother says "At a bad time, happy face",
Regarding contacting an attorney I already did so and I'm just waiting for USCIS reply, honestly I will let God decide and whatever comes upon myself I will accepted despite the fact that it'll change my path forever.
Probably some people would judge me and that's OK because that's our human nature, and yes I was labeled a criminal but it does not change the fact that ever since the first day I came to America I had and still have the best intentions and as a proof of that I can say that I have gone to college and now currently at University where I've been and outstandind student and two years away from my Bachelor's degree in Business adm. not to mention that all this I have done it while working full time and I also hold a great position which requires enormous amnounts of responsability and intelligence where I work and have been doing fine so far. Probably what has pushed me that much is the fact that since I made those mistakes I decided to finish my education against the clock to show my parents that I'm not also looses but victories as well.
If I get deported I'll be fine regardless the place I go.
but If I get to stay I'll keep doing good and improving myself.
tnx

 

[Exilado99]

Faysal:
Tnx for taking time and answering my question in such educated manner.
I know I made my life harder but I learned from my mistakes and everyday I feel bad about it, but how my mother says "At a bad time, happy face",
Regarding contacting an attorney I already did so and I'm just waiting for USCIS reply, honestly I will let God decide and whatever comes upon myself I will accepted despite the fact that it'll change my path forever.
Probably some people would judge me and that's OK because that's our human nature, and yes I was labeled a criminal but it does not change the fact that ever since the first day I came to America I had and still have the best intentions and as a proof of that I can say that I have gone to college and now currently at University where I've been and outstandind student and two years away from my Bachelor's degree in Business adm. not to mention that all this I have done it while working full time and I also hold a great position which requires enormous amnounts of responsability and intelligence where I work and have been doing fine so far. Probably what has pushed me that much is the fact that since I made those mistakes I decided to finish my education against the clock to show my parents that I'm not also looses but victories as well.
If I get deported I'll be fine regardless the place I go.
but If I get to stay I'll keep doing good and improving myself.
tnx

I feel sorry for you, young man, hopefully everything will work out and you won't be deported.
Good luck.

 

[Alien#000]

tnx for your ignorant answer full of garbage...

I agreed. You were granted legal stay in the US and u behave like a criminal. You should pack your stuffs and go back to your country, we dont need those type of immigrants in the US. Your example make us all look bad...

Yes, you qualify for deportation, they may or may not. Do not expect an adjustment of status to go smooth... and citizenship? ummm forget about it for a while...
No the asylum of your family will be ok.

Hope your family dont suffer for your stupidity.

"Your example makes us all look bad" Wow ...I did not know that my example would make you look bad, in fact how the hell would I make you look bad when you already have make yourself look bad like a fool, writing such non-sense full of insecurity towards yourself and I do not really know to whom are you refering when you say "us", bacause I do not feel or consider myself part of wherever or whatever you are or come from, yes I have made mistakes but I bet you that I am way more brilliant than you are, therefore ignorant people like you with an empty brain and and answer full of nothing are the ones that make the other ones in this forum look bad. Look at yourself in the mirror and see who is really embarrasing the others in this forum when what you answer to a real question is some critisism that does not contribute to the common knowledge and needs of the users of the forum itself.
If you really think that I have made you look bad... then think twice...because I have not... every person is an individual and other people mistakes shall not make the other ones look bad.

Regarding go back to your country...let me worry about that, and actually America is my country U.S. is everyone's countyry, I recommend you to take some history classes before you even say something stupid like that...

tnx for your ignorant answer full of garbage...

 

[simsd]

Okay, everybody calm down. First of all, Alien #000 has already stated that he is remorseful and it sounds like he/she has corrected the error of his/her ways.

Second, the Asylum shouldn't be based solely on your actions.

Third, a misdemeanor could be anything and anyone of us could be in a situation where we have a misdemeanor on our record (Traffic accident etc.).

CIS just wants to see that all of the requirements have been filled and that you have been a good boy/girl.

That fact that you take full responsibility for these incidents shows that you are growing up. I'm sure that as long as you kept out of trouble all should be fine.

And BTW.....it's "misdemeanor" and "probation".

One las thing, did you consult an immigration lawyer about this situation? And if so, what did they say?

 

[petertherock77]

Hello My dear friend,

I do understand your situation and I just wanted to throw some light into this issue. First of all you only have a misdemeanor charge and not to worry too much. According to the U.S Immigration laws you might be eligible for a petty offence waiver- The INA gives a discretionary waiver to aliens who have been convicted of a misdemeanor, so long the maximum sentence for the crime does not exceed 1 year in county jail and the actual jail time imposed does not exceed six months (180 days). If you fall under this category the IO processing your case will use the authority vested on him by the Attorney General to grant a petty offence waiver. However since you indicated that you have two misdemeanors the IO might request that you apply for a waiver on form I-601(application for waiver of grounds of inadmissibility). In all ways I think you should be fine. Your offense is not an aggravated felony that makes you inadmissible for adjustment. In considering a discretionary waiver the IO would consider facts such as: your rehabilitation since the time of the offence, your character, humanitarian factors etc.

I need to ask you a couple of questions. How much time did you spend in jail for the offence? How many years probation? On your final disposition provided by the court, what was on the sentencing report for the maximum amount of time for the offence committed? Did the judge sentence you to any jail time, if so how much time was it? Are the two misdemeanor related or resulting from the same offence?

Do not panic. You'll be just fine. The worst case, they might require that you appear for an interview and that should be it. If you need more info let me know and I can email you some websites and materials to research on your issue.

Please do not get discourage by anyone's negativity on this forum. We are supposed to be here to support each other and provide valuable information that help in individual case. No man is an island and noone is perfect as we are human beings. We do make mistakes in life and adjust from the mistakes to become better and productive members of society.

Goodluck brother....

 

[ccordova624]

"Your example makes us all look bad" Wow ...I did not know that my example would make you look bad, in fact how the hell would I make you look bad when you already have make yourself look bad like a fool, writing such non-sense full of insecurity towards yourself and I do not really know to whom are you refering when you say "us", bacause I do not feel or consider myself part of wherever or whatever you are or come from, yes I have made mistakes but I bet you that I am way more brilliant than you are, therefore ignorant people like you with an empty brain and and answer full of nothing are the ones that make the other ones in this forum look bad. Look at yourself in the mirror and see who is really embarrasing the others in this forum when what you answer to a real question is some critisism that does not contribute to the common knowledge and needs of the users of the forum itself.
If you really think that I have made you look bad... then think twice...because I have not... every person is an individual and other people mistakes shall not make the other ones look bad.

Regarding go back to your country...let me worry about that, and actually America is my country U.S. is everyone's countyry, I recommend you to take some history classes before you even say something stupid like that...

tnx for your ignorant answer full of garbage...

Dear Brilliant,

When I was refering to "us" I ment asylees, derivative asylees, and all in that category. You have to have some neurones to at least understand it. I am so sorry I misscategorized you, I forgot that you belonged to the criminal and bad immigrants group. My apologies. Of course, as you said, you definately do not belong to the good immigrant group, you have proved it very well.

As for the "more brilliant that you are" quote, I guess you have proven to be very brilliant in getting DUIs, drinking underage, and giving false names. What a brilliant human being! As you said, who has the empty brain now?

Yes, YOU AS AN IMMIGRANT OF THE U.S. have made all immigrants look bad with your behavior.

History classes? I guess in your community college or whatever you say you are studying didnt learn common sense... oh well we cannot expect too much from an ex-convict that doesnt deserve to be here. As far as education... and whatever you said you are doing... thats great... very good for you. But dont feel superior because you are "2 years away from your B.A" many in this forum including myself have done all that in the U.S. and more. B.A.s, B.S.s, Masters, Law Schools, and working full time at the same time...

So for the deportation, with two misdemeanor/felonies in your record, DUI, and giving false identification to a federal officer (Big nono in the Patriot Act) you can easily be in the track of your way home (not the US)... just wait to have one more DUI! or whatever more you may do.

As far as the "waiver", with your record and how recent are the misdemeanors and the provations, it will be impossible to get it at this time. The best thing to do is to hire a good lawyer, to at least save you from deportation and make sure CIS dont delay your family asylum grant.

BTW: if you dont like the advices that we give you and/or you feel you have all your answers (like you said in previous posts), you can always leave this forum...and talk directly to a lawyer.

 

[hvmmmk]

Allen,

I do not see any problem in your case if you have not been jailed. As you stated that you were on probation and you completed that successfully. Charges may have been dropped after successful completion of the probation programme. USCIS want to make sure that yes, charges have been dropped.

If you are convicted and Judge ordered some kind of punishment, jail time or some kind of restrictions, then it may trigger immmigration consequences.

During the probation you lead a normal life and you do not have any restrictions depending on the state you live in.

Things happen in life and sometimes beyond control. Please be careful now.

 

[thankful]

Hi everyone I just came across this forum today and I find it very helpful..
I am not very familiar with all the terms but I'll do my best and hopefully someone can shed some light....on my case...

Here is my story:

My Parents, sister and I filed the form for Asylum back in early 2002
my beautiful mother who is the principal received a letter from asylum office stating that our aplication was recommended for approval..(but not yet approved 'till today)
meanwhile I could not behave as I should have (I was 18 and wild), in 06-21-2003 I got a DUI when I was 18 got provation for 3 years. before the provation was finished I got pulled over while my license was suspended, so I stupidly lied about my name to the cop (2005), Finally they found out my real name and charged me with giving "False identification to a peace officer" and got provation for two years. so now I have two misderminors convictions.and I finished provation succesfully
2007.
After the fingerprints came out I got a letter from USCIS requesting the final court dispositions for my two criminal cases on "10-15-2007" I sent the additional evidence they had requested.
What worries me the most is that my entire family case has been put on hold because of me..
the question is as follows:
Based on someone's direct or indirect experience what would be the most likely outcome for such case as mine?
Would I be denied asylum even though it was recommended for approval?
Would my whole family be denied because of my teenager stupidity?
Does the fact that I have two misderminors qualifies me for deportation?

please it's been alot of time I need to hear somebody who has been through something similar...
BTW: I already hired a good and expensive lawyer to assist me with this hard time that I have given to myself and my innocent family.

What does your lawyer say? It is impossible to answer your questions without examining the state laws under which you were charged. The key question is if any of the offense was an aggravated felony as defined by Congress. A probabtion is considered to be a conviction for immigration purposes.

 

[Alien#000]

Only God Can Judge Me....

Hello My dear friend,

Please do not get discourage by anyone's negativity on this forum. We are supposed to be here to support each other and provide valuable information that help in individual case. No man is an island and noone is perfect as we are human beings. We do make mistakes in life and adjust from the mistakes to become better and productive members of society.

Goodluck brother....

Thank you very much...Actually this was the kind of wise answer I was especting te hear from this forum, something toughtfull which not only help me out personally but that educates others as well, in fact you were very precise to point out that anybody at any given point of time could find him/herself into a life-changing situation that for some could be devastating and the end of their road, but for others facing hardshipness is just is the begining of a new understanding a new way of life.

The chronological datails of my case are as follows:

1)final court disposition:
06/21/03 DUI California
final court disposition:
summary probation 36 months
No jait time (only booking night)
plus probation terms.. (violated by next sentence) look at the time frame

2)final court disposition
06/29/05 (Falsely represent self to a officer) California
summary probation 24 months
13 days in County Jail
plus probation terms...(completed)

Now USCIS has requested evidence to investigate my case:
on 09/23/07 USCIS sent a letter:

"You were previously informed that your Request for Asylum was recommended for approval pending receipt by U.S, Citizenship and Immigration Services (USCIS)
Upom completion of the investigations (Mandatory Confidential Investigation Of Your Identity and Background), the USCIS learned that Alien#000 has an arrest history..
you must provide:
*final court dispositions for both cases."

10/08/2007:
Rushed to a very distingui$hed Law Office
and hired a very trustworthy Attorney which listened to my concerns and kindly addressed my questions. He agreed on representing my family as well.
Evidence gathered by the attroney. Following documentation:

*Final court dispositions for both arrests.
*Misdemeanor complaint form
*Certification of Clerk

Aletter written by attorney to the Asylum Office (USCIS):

"Inresponse to CIS request for evidence (RFE).BLah Blah Blah
should nothing further be required, please approve the pending I-589. Request for Asylum in the US, for these applicants.

sicerely XXXXXX.


*The Lawyer paralegal assistant sent the evidence to USCIS 10/02/2007.

I'm supossed to wait 60 days to hopefully hear something from USCIS but I already know that it can take even few years until they decide to act out.

Hopefully with the details of my case I we'll solve this puzzle before the USCIS.
thanks foy you kind comments and interest on my case.

 

[petertherock77]

Mr. ccordova624,

Please I would suggest that we keep this forum to be a productive and constructive measure for us to help each other out in Immigration matters as Mr Rajiv Khanna established. There is no need blaming people for past mistakes. That is not going to solve any issue here and we do not need to interprete the U.S Immigration laws wrongly. The gentleman's faith is left to the adjudication officer in charge of his case and whether he/she could use thier discretionary authority to grant him a waiver. I mean, this guy did not commit a crime of moral turpitude and I think he should be eligible for a discretionary waiver.

The law provides a limited exception for certain minor crimes depending on the severity. However, the availability of this exception depends upon the possible (not actual) maximum jail sentence allowed under state law for the crime, as well as the actual sentence the person receives. The exception is sometimes termed "petty offence exception." The criteria are that the maximum penalty under the particular criminal law is no more than a year in jail and the sentence actually imposed was not more than six months in jail. If one meets this criteria, the bar to inadmissibility may not apply after all. That is the application would not be denied on criminal grounds.

In order to establish that one qualifies for the exception, one must provide the actual state criminal statute clearly outlining the nature of the offence and the penalty at the time the offence was committed. It is also necessary to submit the court record, showing the charge and the sentence.

In addition, this type of exception would not apply to certain serious crimes termed to be aggravated offences under U.S Immigration laws even if the maximum penalty is not more than 1 year. Those people having crimes considered aggravated felonies are inadmissible.

Please let us put heads together to support one another and have a consciousness towards the needs of others. I mean the gentleman has realized his mistakes and he is remorseful about it.

 

[petertherock77]

Thank you very much...Actually this was the kind of wise answer I was especting te hear from this forum, something toughtfull which not only help me out personally but that educates others as well, in fact you were very precise to point out that anybody at any given point of time could find him/herself into a life-changing situation that for some could be devastating and the end of their road, but for others facing hardshipness is just is the begining of a new understanding a new way of life.

The chronological datails of my case are as follows:

1)final court disposition:
06/21/03 DUI California
final court disposition:
summary probation 36 months
No jait time (only booking night)
plus probation terms.. (violated by next sentence) look at the time frame

2)final court disposition
06/29/05 (Falsely represent self to a officer) California
summary probation 24 months
13 days in County Jail
plus probation terms...(completed)

Now USCIS has requested evidence to investigate my case:
on 09/23/07 USCIS sent a letter:

"You were previously informed that your Request for Asylum was recommended for approval pending receipt by U.S, Citizenship and Immigration Services (USCIS)
Upom completion of the investigations (Mandatory Confidential Investigation Of Your Identity and Background), the USCIS learned that Alien#000 has an arrest history..
you must provide:
*final court dispositions for both cases."

10/08/2007:
Rushed to a very distingui$hed Law Office
and hired a very trustworthy Attorney which listened to my concerns and kindly addressed my questions. He agreed on representing my family as well.
Evidence gathered by the attroney. Following documentation:

*Final court dispositions for both arrests.
*Misdemeanor complaint form
*Certification of Clerk

Aletter written by attorney to the Asylum Office (USCIS):

"Inresponse to CIS request for evidence (RFE).BLah Blah Blah
should nothing further be required, please approve the pending I-589. Request for Asylum in the US, for these applicants.

sicerely XXXXXX.


*The Lawyer paralegal assistant sent the evidence to USCIS 10/02/2007.

I'm supossed to wait 60 days to hopefully hear something from USCIS but I already know that it can take even few years until they decide to act out.

Hopefully with the details of my case I we'll solve this puzzle before the USCIS.
thanks foy you kind comments and interest on my case.

Alien 000, please don't worry I think you'll get your case approved. USCIS would deny the application outright if they think you do not establish eligibility without requesting additional evidence. The reason to request this information that is already available to them through your identity and background check is to consider you for a waiver.

Just be prayerful and relax. Almighty is behind you.

 

[Alien#000]

thx for your insight!! I agree it makes sence...

Alien 000, please don't worry I think you'll get your case approved. USCIS would deny the application outright if they think you do not establish eligibility without requesting additional evidence. The reason to request this information that is already available to them through your identity and background check is to consider you for a waiver.

Just be prayerful and relax. Almighty is behind you.

Thanks everyone in this forum,..including even the ones that have treated me bad *(perhaps I deserve it,perhaps I don't) , the fact is that I had this issue like stuffed up all the way up to my throat, wanting to at least share it with other people, some in many other ways facing similar situations and filling the same shoes.

Some way I feel I have made good friends, because I had talked to lawyers but they just did not care or did not wanted to help..... it is all about $$$$$, Unlike this forum, where I found few people that actually care about others, and are willing to offer their knowledge and best wishes in exchange for nothing....

Hopefully someone learned from what I have shared... and would do the best in order to prevent having to go through what I have gone.

I wish the best for all of you... Now I feel I have gained knowledge and feel alot less anxiety regarding this topic ...

My next step would be:
now sit back and relax...let's leave my attorney do his job,
either way has already gotten a big piece of the cake,($$2.500.00)
and finally let's my IO decide my faith
....meantime.....
I will live my life everyday
regardless of the date of today....
I'll visit my family and I''l make sure to tell them how much
I appreciate them and I will show them my love ..
and finally when a verdict has been pronounced in behalf of my case,
I will then be invaded by feelings of devastation, worried-sick and concerned with such an awesome impact that this can certainly bring upon my life.
I've had put this DUI-thing and the other one behind but they seem to
come alive and are trying to hunt me down .....

I'll let you guys know any update on my case if you don't mind, regardless the outcome; either ending or begining I will face it like a man.

 

[John Smith 1]

you neea a spiritial advisor

Thanks everyone in this forum,..including even the ones that have treated me bad *(perhaps I deserve it,perhaps I don't) , the fact is that I had this issue like stuffed up all the way up to my throat, wanting to at least share it with other people, some in many other ways facing similar situations and filling the same shoes.

Some way I feel I have made good friends, because I had talked to lawyers but they just did not care or did not wanted to help..... it is all about $$$$$, Unlike this forum, where I found few people that actually care about others, and are willing to offer their knowledge and best wishes in exchange for nothing....

Hopefully someone learned from what I have shared... and would do the best in order to prevent having to go through what I have gone.

I wish the best for all of you... Now I feel I have gained knowledge and feel alot less anxiety regarding this topic ...

My next step would be:
now sit back and relax...let's leave my attorney do his job,
either way has already gotten a big piece of the cake,($$2.500.00)
and finally let's my IO decide my faith
....meantime.....
I will live my life everyday
regardless of the date of today....
I'll visit my family and I''l make sure to tell them how much
I appreciate them and I will show them my love ..
and finally when a verdict has been pronounced in behalf of my case,
I will then be invaded by feelings of devastation, worried-sick and concerned with such an awesome impact that this can certainly bring upon my life.
I've had put this DUI-thing and the other one behind but they seem to
come alive and are trying to hunt me down .....

I'll let you guys know any update on my case if you don't mind, regardless the outcome; either ending or begining I will face it like a man.

what you need really is a spiritual advisor or a therapist, there are some
support organization for people like you