Green card rejected after misdemenor

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kabikwa

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hi, I have a question? I am mary with American citizen. I had 2 charge of "theft 50" a class B misdemeanor. Non of the charge took me to jail but I save 9months of community service and participation in anti-theft' rehabilitative program. I receive notice of denial of application for permanent resident. They also send her NOTICE OF APPROVAL OF RELATIVE IMMIGRANT VISA PETITION. Which state Visa Petition you filed has been approved. The beneficiary for whom you filed has been given the appropriate classification. Whether the beneficiary gets a visa is decided only when an application is made to consular officer; wether the beneficiary is admitted or adjusts status in the US is decided only when an application is made to an immigration officer.
My wife send them hardship letter and waver I-601 and motion to reopen 1-290. Does any one know if this is going to help anything? And if they reject what can i do?
THX
 
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Hi there,
We will need some further information to help guide you the best way. How did you come to the US? Was it on a fiance visa? When did you come to the US? Were these crimes committed here? Unfortunately these are crimes of moral turpitude and are deportable offenses. My best suggestion would be to speak with a couple of immigration lawyers to see if there is anything that can be done. Hopefully by sending in the hardship letter along with the I-601 and motion to reopen will help, but unfortunately there is no guarantee. Being that your husband is a Doctor may not help your situation since immigration may say that it may be easier for your husband to find a job in your home country, and deny your hardship. Another thing that the immigration officer may look at is that these crimes were within a couple years of each other and he/she may correlate that is is a pattern. Yes you were caught twice, but they may look at how many other times did you steal and not get caught? Not saying you did but that could be implied. You have a lot on your plate and a lot at stake. I suggest hiring a good attorney who can help you through this.
Best of luck.
 
thanks Z28eater. My wife born in America and never go out of country before she met me all her family live in united state. I come to US as a student from third world country back in 1993. The crime committed here in US. But the problem is that I screw-up on one of the crime by accept the responsibility think that was going to help not to deal with the court house but i did't know it was going to hit me after 5years. Do they charge people for moral turpitude no matter how long ago the case happen? Because my life has completely change now. Every time when i look back I can't believe i did that twice.
Thank you
 
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Ok so you were charged with 2 crimes, but were you convicted of them? Did you volunteer to go to anti theft rehabilitation or were you forced to by the courts? If you were convicted of the crime which by the way your post reads you could be in some serious trouble. If USCIS has rejected your green card application, most likely their next step is to look at the I 601 and hardship letter. When did you send those in? If those are denied then you will most likely have a notice to appear in front of an immigration judge to decide whether or not to deport you. I wouldn't wait, I would go get an attorney ASAP. For good moral character immigration officers like to see that the crime committed was 5 years or older. The problem you run into is that this is a crime of moral turpitude and you have more than one conviction. This is something you definitely want to talk with an attorney about since there are some variables.
 
I did talk to one Attorney who charge me $1500 for nothing. Just to feel out the 2 forms that it. I need to clean one case out of my record but the bad news i accept the responsibility. The crime committed was 2003 but they charge me on 2005. and how long does immigration take to respond the your request? I Just send in last week to meet their deadline. I need to find the criminal attorney to clear one of the crime in my record. if you look at it I didn't commute that crime. They set me up at the court house and ask me to accept and everything will be over but that is not the way thinks went. Major problem is I did accept the in-front of immigration attorney. My wife wrote very good letter she hold this government a lot of money for student loan. She just graduate Grade school and she is working for government to repay her student loan. Can that help anything?
 
Because you accepted responsibility for a crime that puts you in a bind. Do you have enough proof and evidence that you didn't commit the crime? I could be wrong but I was always under the impression that if you accepted responsibility for a crime even if you didn't commit it...that's it. I would ask an attorney on that one. Just because your wife owes a lot in student loan money doesn't mean they are not going to deport you. In her letter she has to explain the hardship that it would cause her if you were forced to leave. In regards to how long it can take to decide on your case is really hard to tell. It could take 1 month or 1 year or more. I haven't been able to find any info on how long it takes. I would contact your lawyer in regards to that. Perhaps he can give you a time line as to how long.
 
Thanks, Z28eater. She did explain and we went to my country last year she didn't like it at all she was lost. She explain that in the letter.I get to the point of feel that i did not still or kill back home i can go back and have my peace but she cry and beg me to please not make that decision. I love her and she love so dearly I don't know what to do. I feel like things happen 5 years ago but they make me feel like I kill some one or i commute a big sin in the world. I am so stress out i don't know what to do we just spending money. Did you hear anyone who wrote the hardship in the case like this was able to get it resolved? or if not did they tell them to divorce and that it? Again even if something happen 5 years ago? I will still try to fix that case no matter what because they should not charge me at all that case don't make any sense at ll, and other case I was stupid and still small this which cost 56dollar.Thank you for your answers
 
I have heard of hardship waiver cases being approved. What types of crimes were committed or what was written in their letters I don't know to be honest with you. If you don't mind me asking do you come from a country that is in constant war? If you do, then your wife could explain that by moving there she would be in fear for her life. If I were you I wouldn't leave the country that includes going to Canada or Mexico until this is all settled. If you leave you may not be able to get back in. Hopefully you will hear from them soon. It's hard to say with immigration. I wish you the best of luck.
 
No they don't have war but the problem she is white and I am black thats why she felt that way. Also while we was in the bus more than 50 people die in front of her face. That was very bad she will never forget that. She worry so much. She is not even interest to visit next time she always tell me that. I like my country I don't see any problem with it, Is just third world country and I can make a lot of money down there.
Thanks
 
Well that is very understandable, hopefully she put her experience of witnessing 50 people die in front of her in the hardship letter. That is so horrible. I think if that was me I would have nightmares for a very long time. Hopefully you hear something positive soon.
 
my hardship waive case as been denied what should i do next? are they going to deport me or what? does anyone know what should i do next?
 
kabikwa said:
my hardship waive case as been denied what should i do next? are they going to deport me or what? does anyone know what should i do next?
Click to expand...

I think there is some law that says when you signed a plea bargain with a representative of the law for a felony or misdemenor AND it was not explained to you about the immigration consequences of the please then you can apply for a waiver on those grounds. It's a technicality. So...the court papers that you signed in your final disposition where you agreed to rehab, did the papers say that you understand that pleading guilty or no contest may have immigration related or other consequences?

If they do deport you then you will still be able to apply for residence again in 2018. But until then? I don't know...maybe persuade your wife to move with you to your country and wait for 2018...
 
Thank you pleasehelp8. Yes it was not explained to me about the immigration consequences of the please. The bad news is I did not comitte the second crime. They just suspect us without evidence and the attorney told me to just sign and say i did it even though I told him i did not shoplift the girl in the store just suspect us we also did not live the store and i know the law you must live the store. The attorney told me that just sign to let it go than fight with them to find the truth and honestly i did not know that was going to hunt me 7years later. I send immigration request of extend time but they refuse and say that they can not extend more 30days. but they haven't send me order of deportation. What do you think I should do next. Thank you so much for your suggestion.
 
You need an attoney for this case. You can get your green card but get an attorney first. It all depends on charges and out come of the case. From what I understood from your posts that there were 2 charges but from the same incident. so my advice to you, get an attorney.
 
Thank you for your advice. I did use attorney last time when my hardship was denied. I knew from day one this was a lip-off. I met with this gay at the cort house he told me he work at immigration and his job is to deport people he recommend me to the attorney who we never met and the attorney told me i have to pay him $1500 plus fee for advice $100 total i pay her $1600 but what she wrote in the respond to the immigration. I knew it they was not going to buy her idea i knew she screw me up and i call her still i was not able to talk to her. Only God know but that was very painful. I read the paper she send to immigration with a lot of mistake and i call them back and ask them they told me i can not talk to the attorney but if is the mistake they will correct when immigration respond. WHAT CAN I DO I AM A FOREIGNER NOTHING THIS IS NOT MY COUNTRY:( . i read what you you post about " Padilla v. Kentucky (MARCH 31, 2010)" very helpful information I call couple of attorney and ask them if i can be eligible for "post conviction relief," they say yes but the fee one film told me $10thousand and i have to pay them before they finish the case. I was like LORD HAVE MERCY. I also call one of the best attorney in NEW YORK I have appointment with him on tuesday. I will see how it goes . Again thank you so much for helpful information be blessed.
 
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