Help: Asylee with arrest by INS record/I-485 question

F

floyd

Registered Users (C)
<I understand your response will not be legal advice, but would appreciate your insight/comments>

Background:
In September 1997 I tried to enter the USA with fraudulent documentation, was arrested by INS, and paid a $250 fine (it is a misdemeanor). My wife was driving the car I was in. She was also arrested, but paroled in to the USA. I applied for asylum, and it was granted by a judge on Nov 4, 1997. I applied for my wife, and she received derivative asylee status in April 1999.

- Both my wife and I have been arrested, and I also paid a fine
- My wife aided and abetted an alien (me) to enter the USA using fake docs

I had put off applying for GC until now (what a stupid decision--I am kicking myself) because I was afraid what the outcome will be. I spoke to a few attorneys but no one could (after taking a retainer) come up with anything useful in research.

Finally I gave up, and applied for the I-485 myself (dont have the $$ to spare for something like this) yesterday. I checked YES for both my and my wife in the arrest/fine and aid/abett questions.

Now question for the collected wisdom on this forum:
1. How bad do you think these will be? Anyone has any experience/rumors/anecdotes about something similar?
2. My employer is willing to sponsor me for employment-based GC. If the arrest is ignored for the asylum-based GC, will it also be ignored in the employment-based GC or is there a more serious chance of rejection?

Thanks in advance for any comments or responses.

F
 
floyd said:
<I understand your response will not be legal advice, but would appreciate your insight/comments>

Background:
In September 1997 I tried to enter the USA with fraudulent documentation, was arrested by INS, and paid a $250 fine (it is a misdemeanor). My wife was driving the car I was in. She was also arrested, but paroled in to the USA. I applied for asylum, and it was granted by a judge on Nov 4, 1997. I applied for my wife, and she received derivative asylee status in April 1999.

- Both my wife and I have been arrested, and I also paid a fine
- My wife aided and abetted an alien (me) to enter the USA using fake docs

I had put off applying for GC until now (what a stupid decision--I am kicking myself) because I was afraid what the outcome will be. I spoke to a few attorneys but no one could (after taking a retainer) come up with anything useful in research.

Finally I gave up, and applied for the I-485 myself (dont have the $$ to spare for something like this) yesterday. I checked YES for both my and my wife in the arrest/fine and aid/abett questions.

Now question for the collected wisdom on this forum:
1. How bad do you think these will be? Anyone has any experience/rumors/anecdotes about something similar?
2. My employer is willing to sponsor me for employment-based GC. If the arrest is ignored for the asylum-based GC, will it also be ignored in the employment-based GC or is there a more serious chance of rejection?

Thanks in advance for any comments or responses.

F
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I guess u are covered being a refugee/asylee.
Your reason for the arrest/fine and aid/abeit was just to enter the US. It was not a terrorist issue. If your arrest was a problem to the INS/uscis you would not have been granted asylum in the first place. Remember that all this happened BEFORE u were granted asylu,before u were found eligible to reside legally and be protected by the US govt.
If u are lucky,you may not even be called up for an interview bfore u are approved.
I think the only way you can be denied is if u apply thru labor certification. That alsmost overrides u status as a pol. asylee

Qustion: why did u check yes for abeiting an illegal aien? It applies to ur wife not u certainly. u were helped but you did not do the helping
 
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augustasylee said:
<snip>

Qustion: why did u check yes for abeiting an illegal aien? It applies to ur wife not u certainly. u were helped but you did not do the helping
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Thanks for the reply. Sorry about the ambiguity in my post, I did it too quickly. I did not check aid/abett for me, I did it for my wife. For me, it was arrest and Fake document for immigration benefit, for my wife it was arrest and aid/abett

Thanks again
 
floyd said:
Thanks for the reply. Sorry about the ambiguity in my post, I did it too quickly. I did not check aid/abett for me, I did it for my wife. For me, it was arrest and Fake document for immigration benefit, for my wife it was arrest and aid/abett

Thanks again
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I think both of you will probably be required to file a Form I-602, waiver of inadmissibility. This is the form where you ask the USCIS to forgive your conduct. Under the law they can forgive almost everything for humanitarian reasons, to preseve family unity or when it is in the public interest if you are an asylee. And they routinely grant these waivers if the underlying conduct occured while you were fleeing from persecution.

However this unusual right is not available if you are applying under an employer or even as a spouse of an American citizen. As a matter of fact people are denied and ordered deported on this basis every day.

So you will be fine as long as you stick with asylum.
 
should not be a problem if you are applying an asylee due to the I-602 form. but if you are employment or family based you would have a serious problem.
 
You will probably be called for an interview. Over there, just be HONEST and tell them the truth ie why you did what you did etc.
 
hampton8844 said:
I think both of you will probably be required to file a Form I-602, waiver of inadmissibility. This is the form where you ask the USCIS to forgive your conduct. Under the law they can forgive almost everything for humanitarian reasons, to preseve family unity or when it is in the public interest if you are an asylee. And they routinely grant these waivers if the underlying conduct occured while you were fleeing from persecution.

However this unusual right is not available if you are applying under an employer or even as a spouse of an American citizen. As a matter of fact people are denied and ordered deported on this basis every day.

So you will be fine as long as you stick with asylum.
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As I just submitted the I-485 yesterday, should I go ahead and submit the I-602 proactively right now instead of waiting to hear back from the CIS? I just read the instructions for I-602 and it seems like it should be filed after someone is found inadmissable. Suggestions?
 
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floyd said:
As I just submitted the I-485 yesterday, should I go ahead and submit the I-602 proactively right now instead of waiting to hear back from the CIS? I just read the instructions for I-602 and it seems like it should be filed after someone is found inadmissable. Suggestions?
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I would wait for them to ask for it.
 
Also, you should not just submit the form when the time comes. You need to write a separate statement carefully explaining what happened. And you are also advised to document your "positive equities" to demonstrate that you merit the waiver in the exercise of discretion.
 
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