Plea for help...

If my charges are dropped from felony to misdemeanor, will immigration take into account the felony charges? I was in Indiana, and ANY shoplifting is considered a felony (Class D). I told her my charges were dropped, but she seemed very interested in the "ORIGINAL CHARGE"?
Was there a reason for this?
 
How long does administrative review take? And will they take into account the "original" felony charge or the fact that it was dropped to a misdemeanor?
 
Hello!

I think I may have had some of my facts wrong. I am in the process of hiring a *new* lawyer, and would really appreciate your valuable inputs. Please read and let me know what you think.

Arrested for shoplifting-- March 2008---- In Indiana, it was a Felony (Class D)
Showed up in court--- I told them I am going to hire legal counsel
Signed pretrial diversion agreement in May 2008--- it said I was under probation---- the charge listed was "Conversion" (I think that is a misd. under Indiana law)
Completed community service-- September 2008---- didn't get into any more trouble.
Traveled in and out of the country in 2008-2009. Interrogated at Port of Entry about the arrest, but allowed inside.
Left the country after probation period was over in 2009.
Case disposition said case was dismissed following successful completion of diversion, nolle prosequi.
Married- 2010
Applied for GC in March 2010.
Interviewed in May 2011 (Answered all the questions about my case truthfully and honestly, gave original court disposition and copy of diversion agreement)
Case is now under Administrative Review

Please review the above and provide some input.

1. Does my case qualify as a CIMT? Still confused on that one. Someone please give me a straightforward answer. (I don't know if I qualify for the petty offense exception BECAUSE-- Felony (Class D)--> has a max. sentence of 3 years; whereas conversion (max. sentence is 1 year). What will be taken into account?

2. Should I start preparing an I-601 waiver? It would have to be exhaustive, and even if there is a slight chance that they will ask for one, I want to turn it in right away, if asked.

3. How long does an Administrative Review typically take?

4. Will I be called for another interview?

5. Silly question again, WAS I CONVICTED? I DON'T UNDERSTAND!

6. If inadmissible, or denied; after how long should can I reapply? Is there a time period after which you can reapply? What is my recourse?

Thank you guys for answering my queries time and again. The only reassurance I get is from complete strangers on this forum. I wish I had happy news after my interview!

:'(

I am really very disturbed, and cannot sleep at nights. I wish I could turn around time :(
 
perplexedlass said:
Hello All,

I really need to understand the immigration process regarding my impending Green Card Interview and would appreciate any help...

I entered USA in 2004 on an F1 visa. All was well until March 2008, when I shoplifted at Macy's and was arrested. I was bailed out for $500 and then given a court date. After appearing in court, I was asked to meet the prosecutor on May 1, 2008.
He gave me a diversion agreement. Some probation rules applied, and I was asked to complete 40 hours of community service, after which the case was closed.

In July 2009, I returned to my native country.

In 2010, I married the love of my life, who happens to be a US National. We met in college in 2005, and had been dating since.

My interview date is this month, and I have no idea what to expect. I will carry my court records with me (I have two-- a speeding ticket, and the theft crime).
I plan to come clean in front of the officer.

What else do I need to do? Do I need a waiver? All my forms have been cleared so far, and I have not been asked for any other information.

Please throw light on this issue so that I can be prepared.

Any help will go a long way in keeping my sanity.
Click to expand...

Well, the first and formost thing to remember is that you should stop stressing about this. Getting worried will not help you at all. Stay calm and we will come-up with a strategy to overcome this. First off let me give you the good news....based on the information you have provided I think you should not have any major problem. In order for me to confirm this you need to let me know a few things:

1. Did you case get dismissed or were you convicted?
2. You said Bail...does this mean you spent time in a holding cell?
3. What documents do you have from the court?
4. Are you still in the city where this crime happened? Do you have the ability to go back to this city?
5. Do you have legal counsel?
6. How many days are left for the interview?
 
1. I was never convicted under Criminal Law. However, my lawyer, here in my country, India, said that merely signing a pretrial diversion agreement is a CONVICTION under immigration law.
2. Yes, for about 45 minutes. Then, a friend posted bond for $500. Was fingerprinted and a mug shot was taken.
3. I have the original court disposition-- said "Nolle prosequi" as a result of successful completion of diversion agreement. I also have the Affadavit of Probable Cause, and one other paper, which has "theft" cross marked in a box.
4. No. I left after a year, after the probation period was over. Didn't get into any more trouble.
5. Yes, but here in India. Do you think I should hire someone who is more familiar with the nuances of Immigration Law?
6. I was interviewed this Monday. I was given a form that said " We are carrying out an Administrative Procedure". My passport and original forms were returned to me.

Hope this helps!
 
Can someone please reply to post#24, question-by-question? I know that some answers may be subjective, but at least I will know which way I'm headed.

Thanks for showing interest in my case.
 
lliittlloo said:
Well, the first and formost thing to remember is that you should stop stressing about this. Getting worried will not help you at all. Stay calm and we will come-up with a strategy to overcome this. First off let me give you the good news....based on the information you have provided I think you should not have any major problem. In order for me to confirm this you need to let me know a few things:

1. Did you case get dismissed or were you convicted?
2. You said Bail...does this mean you spent time in a holding cell?
3. What documents do you have from the court?
4. Are you still in the city where this crime happened? Do you have the ability to go back to this city?
5. Do you have legal counsel?
6. How many days are left for the interview?
Click to expand...

What do you think lliittlloo? I'm so worried. I want to be with my husband so bad! Every day away from him feels like a year!
 
Hello Everyone! It is exactly a month since my interview, and I have not yet heard anything from the consulate. What should I do? I have emailed them and they replied that they are trying to " working expeditiously within the confines of their resources". When will this ordeal get over?
 
Hello! I'm nearing the 8 week mark about my visa. Can someone please tell me what my reprieve is?
I'm really really frustrated! PLEASE HELP ME!
 
You are not a lost cause, not at all! We know you are stressed and want to be with your husband, however do not damage your health by overstressing. Because of the complication of the criminal record, your case will take a little more time. The consensus here however is that you will be fine and ultimately approved.

You did the right thing by getting a lawyer. At this point all you can do is wait and see what their decision is. Ultimately like I said, the consensus here is that you will be approved.
 
I have crossed the 60 day mark by far. No word about my visa. I get the same,exact automated reply each time I ask them how long I have to wait. I'm posting the reply here for all those who are stuck in administrative processing like me!

Here it is------

Unfortunately the case is still under administrative review. This is an internal process. We cannot predict when our review will be completed, but we will do our best to process the case expeditiously with the confines of our resource limitations. We will contact you once we complete administrative process of your case.

Thank you for your inquiry,

Sincerely,
Immigrant Visa Unit


My question is: Have you seen any cases where a waiver was needed after administrative processing? In the slightest chance that I might need one, I would like to be prepared right away.

Thanks for your support guys. I just want to see light at the end of the tunnel!!
 
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