Deadline, December 25, 2006!

[vjthemetalhead]

My mother was granted asylum in January, 2002 and along with her we (my siblings and I) were granted asylum as well because we were her dependents.

After filing for adjustment in 2003 for green card, my mother and all other siblings got their green cards (in February, 2006) except for me. We all filed together as a family.

On January, 2003, I turned 18yrs and the next month on February, 2003, I was ticketed for petty theft. I was not arrested nor was I taken to the police station. I was just finger printed and given a ticket (misdemeanor charge). I live in California and this is where I was ticketed.

On the court date I went to the court and plead guilty. I paid $500 in fines without any jail time or community service etc.

On January, 2006, I turned 21yrs.

On October, 2006 I got a letter from INS asking for a court certified disposition and “a written statement explaining in detail the circumstances of the incident that led to the arrest and charges. Provide specific details and describe your actions and participation in the incident.”

The letter that I got from INS on October, 2006 says that these documents (court certified disposition & written explanation of the incident) are due before December 25, 2006. If I do not turn in the paper work then my application (I-485) will be denied and I will not be able to get Green Card.

I know that I made a mistake and I utterly regret. But, I really need some advice and/or help.

Will I get my Green Card? What do I do? Do I hire an attorney?

Please give me your advices and/or assistance. I know that some of you will condemn me for my actions and I completely understand your frustration. But, please at this time I need your help. Kindly help me.

Thanks.

 

[jubilee]

best move is to hire a lawyer.

 

[thankful]

Yes you do need an attorney. Criminal issues in immigration context can be very tricky and you cannot affod to make a wrong move. You will be fine if you handle this with professional help.

 

[floyd]

My mother was granted asylum in January, 2002 and along with her we (my siblings and I) were granted asylum as well because we were her dependents.

After filing for adjustment in 2003 for green card, my mother and all other siblings got their green cards (in February, 2006) except for me. We all filed together as a family.

On January, 2003, I turned 18yrs and the next month on February, 2003, I was ticketed for petty theft. I was not arrested nor was I taken to the police station. I was just finger printed and given a ticket (misdemeanor charge). I live in California and this is where I was ticketed.

On the court date I went to the court and plead guilty. I paid $500 in fines without any jail time or community service etc.

On January, 2006, I turned 21yrs.

On October, 2006 I got a letter from INS asking for a court certified disposition and “a written statement explaining in detail the circumstances of the incident that led to the arrest and charges. Provide specific details and describe your actions and participation in the incident.”

The letter that I got from INS on October, 2006 says that these documents (court certified disposition & written explanation of the incident) are due before December 25, 2006. If I do not turn in the paper work then my application (I-485) will be denied and I will not be able to get Green Card.

I know that I made a mistake and I utterly regret. But, I really need some advice and/or help.

Will I get my Green Card? What do I do? Do I hire an attorney?

Please give me your advices and/or assistance. I know that some of you will condemn me for my actions and I completely understand your frustration. But, please at this time I need your help. Kindly help me.

Thanks.

Hire an attorney, specifically one who has done similar work before. Don't just hire a generic immigration attorney; look for people with asylum AND criminal issues waiver experience. Ask them this question: "what is the purpose of the I-602 form?"

If they take more than 30 seconds to start answering, look for another lawyer.

 

[vjthemetalhead]

I spoke with an attorney

I spoke to an attorney and he said to just turn in the court disposition and explain in a letter that it was just a mistake and it is because of friends I did what I did. Any comments about what the attorney had to say?

 

[faysal]

I spoke to an attorney and he said to just turn in the court disposition and explain in a letter that it was just a mistake and it is because of friends I did what I did. Any comments about what the attorney had to say?

The best choice for now is to comply what the USCIS wants. Get all the documents you can get. Explain to them that you made a petty mistake and you sorry about it. That you paid the fine and regret the imoral behavior. In many cases, the USCIS wants to have a record of everything. This sometimes scares of applicants, but you need to comply their demand. I don't think the shop lifting is ground on which they can deny your application. Don't lie. lying can be a ground for denial. It is possible that they have all the information on file, but they wanna hear from your side of the story, so don't try to distort the reality. express it as it happened. It is not a big deal...you will your greencard soon...Also, for now don't worry about hiring an attorney. Just send the information. If they don't accept you expalanation, then consider hiring a lawyer...good luck

 

[vjthemetalhead]

This is my letter responding to the incident...

The INS needs, a written statement explaining in detail the circumstances of the incident that led to the arrest and charges. Provide specific details and describe your actions and participation in the incident.

This is my response....

On the evening February 17th, 2003 I was in Fry’s electronics with a couple of my friends. We were there to buy a new Playstation 2 game. I had just recently turned 18 years of age about a month prior on January 23rd, 2003 and I was a senior in high school. As we were in the store located in Fountain Valley, CA, we came across a computer video card that lay open on top of a stack of CD’s. My friends and I saw the open box of the video card and we got tempted and decided to sneak out without paying for it. So, we decided that one of us will buy the Playstation 2 game and the other which was unfortunately me would sneak out the video card. So, I put the video card inside my shirt and walked out, as I was walking out of the store I was stopped by a security personal and detained. He said that he had witnessed me while I was hiding the video card in my shirt. The security person then took me to this room, where I was asked to wait for a police officer to come. About 45 minutes later an officer arrived, he asked the security to explain what had happened. The security person then showed the video card to the police officer. The police officer then asked me to get up and the he finger printed me and gave me a ticket. About 20 minutes after the police officer came I was let go from the store, where I was detained.
On the date mentioned on the ticket, I showed up at the court and then I was explained my rights and then asked if I was guilty or not. I plead guilty to the charges of petty theft. The judge then fined me roughly about $592, I was given the option to pay all at the fine at the same day or have a monthly payment plan set up. Not having that much money with me, I chose to go with the payment plan of $100 monthly until the fine was paid in full. The payment was due every month before 25th of each month. I made payments promptly before 25th of each month.
These statements above as to the best of my knowledge and is what I remember because it has been more than 3 years. I do admit that I made an honest mistake and I was not thinking rationally. I reacted at the spur of the moment without thinking if it was right or wrong. I was young and immature. Today, I am a full time student at California State University, Fullerton. I am a junior currently and am studying physics with a minor in math. I also work at the school as a grader and that is how I make some money and make an honest living. I do not do anything or plan to do anything that is illegal or morally wrong. If there was such thing as a time machine which would let me go back in the past, I would not have done such a thing. It is hard for me to explain in words how guilty and wrong I feel for what I did, but today I can honestly say that I am making the best out of my life and am striving to succeed to better the future for me and the society as a whole.


What do you think about the letter that I have written? Are there any suggestions or changes you would recommend or anything that you think that I am missing out on? Please dont just read reply saying honestly what you think.

 

[vjthemetalhead]

I have to mail this by December 18th, 2006 at the latest.

I have to mail this letter out by December 18th, 2006 at the latest!!! So, please kindly reply promptly...thank you all.

 

[Colombian PR]

Nothing to worry about

vjthemetalhead: The only thing you have to do is send the letter and wait. There is NO need for an attorney. Your charges are not mayor and you have nothing to worry about.
I'm not telling you that what you did was well done but that would not stop you from getting your green card, it will only delay it.

I know people that have gone over the same as you, and they finaly got their status adjusted.

Don't worry, no need for an attorney, just send the letter and you will be fine.

 

[vjthemetalhead]

vjthemetalhead: The only thing you have to do is send the letter and wait. There is NO need for an attorney. Your charges are not mayor and you have nothing to worry about.
I'm not telling you that what you did was well done but that would not stop you from getting your green card, it will only delay it.

I know people that have gone over the same as you, and they finaly got their status adjusted.

Don't worry, no need for an attorney, just send the letter and you will be fine.

thanks a lot for your advice, did you read the letter? Can you ask ur friend who read it to just read it once please....

 

[Colombian PR]

The case of my friend was worst that yours. He was driving drunk. He even went to jail for three days and had to pay a fine of 2500 dollars and attend driving lessons for a week. He is now a GC holder.
Good luck and good night.
Suerte

 

[vjthemetalhead]

The case of my friend was worst that yours. He was driving drunk. He even went to jail for three days and had to pay a fine of 2500 dollars and attend driving lessons for a week. He is now a GC holder.
Good luck and good night.
Suerte

Oh wow, thanks a lot again...

 

[faysal]

Oh wow, thanks a lot again...

Mr. You are making the case more difficult than it is. You misdemeaner I think is not something on which they can deny your case. Follow Com. PR's advice. I believe that is the best action for you now. If you miss the deadline, you will have difficult time. Use post service with tracking number and send the letter as soon as possible. All they need to get some formal explanation from your side to put in your file.

If it turns out they make a big issue then you can hire lawyer later, but for now follow PR's advice. You don't need lawyer now. There is nothing he can change. the pretty crime is there...good luck and send the evidence as soon as possible......