Father might get deported! help!

[darkside4391]

hi im currently 20 years old and will be turning 21 on april 3 2012. i came to america when i was one with a tourist visa but overstayed.

i have a approved i130 petition from my father who is currently a green card holder. knowing that i need to get my papers before i turn 21, my dad filed for his citizenship. he obtained his green card in 04 and got arrested in 05. it was a felony but they let it go as a misdemeanor because it was a whole misunderstanding with his US citizen wife at the time. when we applied for his citizenship we got a letter from his ex wife, they are still living together because they have 3 kids, stating that the whole case was a misunderstanding and they still live together cause of the kids. we also got the letter notarized and signed.

my fathers interview was today, he passed the test but the immigrant officer told him that he could get deported because he got arrested! the immigrant officer showed him the way out and said that they need to review the case again with the supervisor and they will send us a letter or contact us with the results. first of all, from my understanding, is that he is still eligible for approval because it was just a
misdemeanor.

Does someone have a similar case to this and can chime in?

 

[Jackolantern]

It is standard procedure for all naturalization cases to have a supervisor review if there were any arrests or convictions.

You could have gotten a green card at the same time as your father. Why didn't they include you? Lack of knowledge?

The good news is that his US citizen ex-wife is considered to be your stepmother by USCIS (because she married your father when you were under 18) and if you have maintained a relationship with her she can still file an I-130 for you! If your father doesn't get his citizenship soon, you and your father should try to convince her to file for you. Because she is a USC you'll be able to file I-130 and I-485 together.

 

[darkside4391]

It is standard procedure for all naturalization cases to have a supervisor review if there were any arrests or convictions.

You could have gotten a green card at the same time as your father. Why didn't they include you? Lack of knowledge?

The good news is that his US citizen ex-wife is considered to be your stepmother by USCIS (because she married your father when you were under 18) and if you have maintained a relationship with her she can still file an I-130 for you! If your father doesn't get his citizenship soon, you and your father should try to convince her to file for you. Because she is a USC you'll be able to file I-130 and I-485 together.

well my mom said she was going to fix my papers thats why my father never did it. my mom never got to it and left. would she still be able to petition me if they are now divorced? is there anyway that my dads approved i130 can still be approved then have my step mom file a i485 for me or would we have to start all over?