Green card rejected after misdemenor

goood luck... I gave you that website so you can contact them and they will tell you what u need to do. They are obviously not lawyers. They do work for free and they will guide you in the right direction without a charge. So you dont have to spend too much money on lawyer consultations.
 
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Thank you. I call that number and they say they answer question on monday only. I met with one of top immigration attorney they told me they will be able to help me they say immigration office abuse their power. But it will cost me almost $10thousand USD to get the case done. I have no crow how am going to come up with all that money. That including everything even refile again. Lord have mercy on me.
 
kabikwa,

Please provide the date and manner of your entry into the U.S.

Please provide the date and location of the first criminal case, include date of arrest and date of disposition, the ultimate charge (state staute reference) and details of the disposition.

Please provide the same information for the second crime.

If/when you get an NTA (Notice To Appear, I-862) from immigration, provide the immigration charges (Example INA 212(a)(2)(b)(?) or INA 237(?) these mught be listed in the denial notice as well).
 
1993 was more than 15 years ago so you might be able to apply for a waiver based on that 15 year "rehabillitation" rule. If you have been squeaky clean the last 15 years before applying for a benefit then they have to consider that. I'm surprised your $10,000 attorneys did not tell you that, or maybe they did?
 
Then fan thing attorney told me this is very miner (small case) they are support to forgive one and charge me with one. The law office also told me that because they denied my waver and I did not respond to the immigration the way I should. Thats why is going to cost me more. I was support to respond to them by file some kind of form number. Instead i just wrote them letter that because of an avoidable issue I was not able to appear their decision at the moment and I was humble ask them for extension. They respond me after 3 day from the day I email them the letter that they can not do that. So the lawyer say I have to wait the immigration will send me the letter to go to court then we can fight them in court. He say they fail to mention that one of the case is forgiven since all of them are class B
 
BigJoes5 I don't know. Do you want me to provide here on the site? I came here as a Student back in 1994. Both crime in Houston. Very miner case like I mention and they only put me in probation I did not go to jail even single day for that nor in my life. Let me know if you wan't me to post everything here. Than you.
 
kabikwa,

It is not like anyone on this website knows you personally. If you don't provide details, you cannot expect complete accurate responses. If you choose not to provide sufficient details, don't expect any meaningful responses.

Did you commit 2 CIMT's within 5 years of enry? That's deportable.

Can one be forgiven? Unknown without sufficient details. What state statute were you charged with? What was the disposition of trhe case?

Your age at the time of the crime can be a factor. You have not provided sufficient details.

How did you enter the U.S.? What status? When?

When you got the denial: What did your lawyer tell you? Did he fail to act? Or was it you who failed to act?

There are many things to consider but you have not provided the whole story.
 
I Know Sorry BigJoe5 I thought I provide you with enough detail. May be I am not good in express my self. Number one I do not know what is CIMT's mean but I can but I guess this is what you want "I had 2 charge of "theft 50" a class B misdemeanor(Shoplifting). Non of the charge took me to jail but I save 9months of community service and participation in anti-theft' rehabilitative program. I commit those charges when i was on my 20s old. Back 1999 and 2002. The disposition of the case i did't know better the lawyer told me to accept the charge and I did't even go to court he just represent me and told me to accept it and do comment service. Thats what I didi and The court ask me to save 9months of community service and participation in anti-theft' rehabilitative program. Every thing was done without problem.
I enter in US as a student back in 1994 I went back home twice since i graduate.
I got denied this year 2010
The new lawyer who is extremely expensive he told me that wait until they send you letter to go to court and then we will fight in court do not ask for waiver any more he say as far as he see by reading my immigration respond letter he think they abuse their power. He say my case is very small case but immigration they took like is a major case and he also say by reading my waver which my wife wrote he have confidence that i have enough Hardship. He don't see why they denied my hardship. He also say they fail to provide me with information that immigration support to forgive 1 of class C or B misdemeanor. They keep send me letter to say i have 2 without inform me that one should be forgiven.
Let me know if i provide the whole story or not
Thank you for your help
 
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CIMT means Crime Involving Moral Turpitude.

Moral turpitude is a legal concept in the United States that refers to "conduct that is considered contrary to community standards of justice, honesty or good morals."

The concept of moral turpitude escapes precise definition but has been described as an "act of baseness, vileness or depravity in the private and social duties which a man owes to his fellowmen, or to society in general, contrary to the accepted and customary rule of right and duty between man and man." by the U.S. Supreme Court.

Theft in any degree is a CIMT.

A "petty offense" may be forgiven outright. Another minor CIMT may be waived. A crime committed as a juvenile may be trown out of the equation. A very old crime may be waived.

Individual facts of a situation require careful review. You have not provided a complete picture to allow a meaningful response. If this is how you have communicated with USCIS, by not providing full and complete information rather than piecemeal information interspresed with excuses, it is no wonder that they gave up and denied the application.

In excersicing discretion in granting a waiver, USCIS (or in the near future for you: an Immigration Judge) as the decision-maker must first be justified as legally eligible to grant relief (a waiver) based on the facts of the case. If you do not provide full and complete facts, they will not exercise any discretion in your favor.
 
Some more good news for OP. The supreme court has finally ruled in 2007 that Congress acted inappropriately and unconstitutionally when they made 212(c) relief nullifications retroactive from 1996 backwards as well as in the future. Atkinson v. Gonzales was a loss for the government despite the 212(c) retroactivity. The guy won, the supreme court said congress is wrong!

http://3dcir.blogspot.com/2007/03/atkinson-212c-possible-even-if.html
In Atkinson v. Gonzales, No. 05-1099 (3d Cir. Mar. 8, 2007), the Third Circuit agreed with Steven Morely that section 212(c) relief for legal permanent residents should be possible if the conviction happened before April 24, 1996, regardless of whether the person was convicted after a trial or pled guilty! The BIA and IJ Lawrence F. Stengel erred by refusing to let him seek 212(c) relief.
Click to expand...

The only discrepency I see here is this relief is for LPRs only but since OP has a current visa number it might apply to him too? Maybe one of the legal experts can comment on that.

Also:

Thanks to the Supreme Court ruling in 2001 in INS v. St. Cry, it was clear that people who pled guilty before April 24, 1996 could still seek section 212(c) relief. With this decision, the Third Circuit ruled that even if you were convicted at a trial, you can still seek section 212(c) relief. This is an expansion on Ponnapula v. Ashcroft, 373 F.3d 480 (3d Cir. 2004), because you do not need to show that you were offered a plea bargain that you ultimately rejected.
Click to expand...
 
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