I-485 and pre-existing misdemeanors

Imminewbie30

New Member
Hello all... I was hoping someone here might be able to help me out.
My husband is applying for an I-485 AOS. He came to the US on an F1 Student Visa, we met and have been together 5 1/2 years now. We married last August. :)

We've been going through the AOS process and had our interview about a month ago, but here's some background first.

Husband was arrested in 2004 for misdemeanor theft, and went through the diversion program. The case was expunged from his records and we submitted a court certified copy stating this.

Husband was also arrested in 2006 for class b misdemeanor marijuana possession. When we submitted the paperwork packet, it included a summary stating when he was sentanced, the fine due, and the fact that it was paid out.

Fast forward to our interview: The officer asked if we had court certified docs regarding these cases. We had the certified copy of the expungement for the first case, but nothing on official letterhead for the 2nd (it happened in a different state, across the country). He stated that they would need the information from the second case in certified form. Since I know how it can go with them, I asked if we could go ahead and send that in as soon as we got it and he said it was fine and gave me the address. He said he wasn't sure about the first case, since it was expunged he didn't know if we needed additional documents other than what we'd submitted.

I receieved the paperwork for the second case within 2 weeks of our interview and mailed it without receieving an official request. It seems to me like my letter crossed paths with the request letter, because a few days later I receieved a request for more information, but it does not state in detail what is needed case by case. So I am wondering if what I already sent to them will suffice. Maybe someone with a background in law can help explain??

Here's the wording from the letter:
"Submit certified copies of all your arrest records, from the clerk of courts where the charges were heard, showing the full charges or complaints, all police reports, all court records, the final dispositions of the cases, and proof the sentances have been satisfied.

Original Certified copies of Court Dispositions: Submit copies of the final court dispositions for all of the crimes you have been arrested for and charged with. Each disposition must reflect guilt or innocence. The dispositions must originate from the court(s) that have/had jurisdiction over your charges.

The court dispositions must be obtained from the court of record, NOT from the arresting police dept or sherriffs office. The certified copies must be legible and indicate whethere a sentence or conviction was imposed or if the case was dismissed with reason. The document(s) must include information on the arrest, indictment, conviction, and sentancing. Obtain the disposition of the violation from the court where the case was heard. If the violation(s) was dismissed, provide evidence of dismissal from the court.

Where a record does not exist, you must submit an original written statement on government letterhead, establishing the non-existence of the record from the relevant govt agency. The statement must indicate the reason the record does not exist. *Note: all copies must be clear and legible; all copies must be submitted at one time.
Please return this letter and your attachments with your response."


OK, so here is what they have:

First Case:
A Court Certified document stating that : "The person was not convicted in the case; that no criminal proceedings are pending against the person; and the interests of the person is have the records pertaining to the case sealed are not outweighed by any legitimate governmental needs to maintain such records. Therefore, it is hereby ordered that all official records pertaining to this case shall be sealed, all indexed references thereto shall be deleted, that the proceedings in said case shall be deemed not to have occurred, and that the applicant's record of arrest and non-conviction shall be sealed..."
(The officer received this at the interview)

Second Case:
Court Certified Documents:
Complaint, Information, Bail Bond, Judgement on Deferred Sentance, and a letter of certification stating that all of the above are true and exist on file in their office.
(Mailed these before receiving a request letter).

Now, do you think I sit back and wait? I am not sure if they need anything else. I can't call the local office, and I'm not sure what to do. Do you think what they have satisfies what they ask for? Or do I need to try to dig up the info on the first case?

Also, what are the likely effects of these arrests on our (his, technically) chances of him getting the I-485? He already receieved his EAD and AP, so I am quite confused as to how this might affect him.


....Sorry so long, but you can probably see why I'm a bit overwhelmed!
 
I am going through an exact same situation. I had a misdemeanour conviction for Marijuana. I just went for my interview on 07/13/09 and my wife is a USC. Her I-130 was approved and the IO said that my I-485 may be approved or denied based on the original arrest record. I am panicking from that day and am not sure what I am going to do if my 485 is not approved. I have been researching since then.

From what I understood so far, if the conviction involves less than 30 grams of Marijuana, then you should be fine. My question is - what can I do if I am denied ? Is there any alternate processes that I may initiate based on hardships that my wife and 7 month old baby has to go through if I am denied/deported or removed ? Will a I-601 help ? If yes, then should I file it now or wait till INS makes their decision?

I would appreciate all the advice I can get.
 
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Also, what are the likely effects of these arrests on our (his, technically) chances of him getting the I-485? He already receieved his EAD and AP, so I am quite confused as to how this might affect him.
Did you discuss the case with an immigration attorney to figure out the immigration consequences of either case? Either case is potentially a problem and needs to be discussed with a qualified professional who can look at the details and compare them to the relevant sections of immigration law.

You should respond to the notice by sending a letter saying that you already sent the certified documents on X/X/XXXX date by [UPS/Fedex/Priority Mail/Whatever]. If you have copies of what was sent, send the copies in your response (while noting in your letter that these are just copies, and the originals were previously sent). If you fail to respond to the letter, some clerk will just see that a notice was sent out and no response was received by the deadline, and deny the case for the lack of response without checking that the documents were already sent.
 
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I am going through an exact same situation. I had a misdemeanour conviction for Marijuana. I just went for my interview on 07/13/09 and my wife is a USC. Her I-130 was approved and the IO said that my I-485 may be approved or denied based on the original arrest record. I am panicking from that day and am not sure what I am going to do if my 485 is not approved. I have been researching since then.

From what I understood so far, if the conviction involves less than 30 grams of Marijuana, then you should be fine. In my case it is 4 pounds. So I am pretty sure that I will be denied. My question is - what can I do if I am denied ? Is there any alternate processes that I may initiate based on hardships that my wife and 7 month old baby has to go through if I am denied/deported or removed ? Will a I-601 help ? If yes, then should I file it now or wait till INS makes their decision?

I would appreciate all the advice I can get.
You are facing possible deportation, depending on the details of the case. Consult an attorney ASAP.
 
Did you discuss the case with an immigration attorney to figure out the immigration consequences of either case? Either case is potentially a problem and needs to be discussed with a qualified professional who can look at the details and compare them to the relevant sections of immigration law.

You should respond to the notice by sending a letter saying that you already sent the certified documents on X/X/XXXX date by [UPS/Fedex/Priority Mail/Whatever]. If you have copies of what was sent, send the copies in your response (while noting in your letter that these are just copies, and the originals were previously sent). If you fail to respond to the letter, some clerk will just see that a notice was sent out and no response was received by the deadline, and deny the case for the lack of response without checking that the documents were already sent.

Thanks so much for all of your help and your quick reply.

To answer the first poster, I am unsure of the amount that was in his possession. On the documentation that I have, it says "in an amount of two ounces and less". Sooo, I take that to mean under 2 ounces? It's tough to convert to grams though without an exact number obviously....

We have not discussed the case with an immigration attorney, as I'm concerned about costs. How much would something like that cost us? I'm the only one with an income (he just got his EAD about a month ago and you all know how this economy is, so he is without a job as of the moment). We've done it all on our own so far without issue, but now I'm wondering if we need to seek a professional. I just worry about the cost of such a thing, although I'd obviously rather have him get approved.

As a side note, he did leave the country at one point while still on his F-1 visa. He left and came back without a hitch after the first offense, but when he left and came back after the second offense, he had to wait longer for a visa but was eventually approved. This is before we were married, but I guess I just kind of assumed since they let him back in that it meant it wouldn't be of major concern when applying for his gc. Guess I was wrong...:(

Thanks again...any more input is much appreciated.
 
We have not discussed the case with an immigration attorney, as I'm concerned about costs. How much would something like that cost us?
Seeking a consultation would be a few hundred dollars (some will even allow a first consultation for free). But if you want them to take entire control of the case on your behalf, I would not recommend that as that would cost thousands. At this point it might be too late for the attorney to do anything -- ideally you would have consulted them before and had them present at the interview -- but still at this point the attorney can at least give you an idea of what to expect regarding the chances of approval vs. deportation, what statutes and precedents are applicable to your case in good and bad ways, and your options for appeal. The attorney will be in a better position to evaluate your situation than posters on an anonymous message board who aren't lawyers and haven't seen the court documents of the cases.
 
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Oh My God I can't believe it, but apparently what we sent was all they needed.... We got an email today stating that his card production was ordered! :D I am in complete shock, but we're so excited! Thanks for your help...I seriously can't believe how just yesterday I was kind of overwhelmed and confused and today is a different story.
 
Congrat!

Misdemeanor with 1 year sentence would be ok. If it is over 1 year, it is going to be an issue. I had a ton of sleepless nights due to my misdemeanor record. If you have criminal records, I strongly recommend you hire a lawyer for sure.

Cheers!
 
Oh My God I can't believe it, but apparently what we sent was all they needed.... We got an email today stating that his card production was ordered! :D I am in complete shock, but we're so excited! Thanks for your help...I seriously can't believe how just yesterday I was kind of overwhelmed and confused and today is a different story.

Congrats Imminewbie30 :)
Atleast from now onwards, ask your hubby to follow the laws of the state and not get into any more trouble.
All the Best for your Future..enjoy your hubby's green :)
 
All I have a similar situation that I am worried about. I've applying for an employment based green card and the only step left is my adjustment of status.

I got 2 citations for underage drinking in North Carolina - both were approximately 14 years ago when I was here in the US on a F-1 Student Visa. The first at the end of 2000 and the second in March 2001.

I know the second misdemeanor was for possession of a malt beverage at age 19 or 20 - this is class 3 misdemeanor with max penalty of 20 days and $200 fine. I was fingerprinted. Had a court date and my case was dismissed. I am working to get the documentation for this misdemeanor from the clerk of court.

I got the first citation expunged and am having a lot of trouble locating any specific details regarding the the date, exact charge or outcome. I did not save the expungment document. What should I do?

Will having these 2 misdemeanors - 1 dismissed the other unknown - affect the approval of my I-485?
 
Hi imminewbie 30 I'm in the process of getting my GC marriage based I have one marijuana charge it was under 1 gram that case was dismissed and one case of disorderly conduct. I have approved I 130 and approved EAD, my interview is coming up o haven't received the date yet but was wondering if u had to apply for a waiver in order for your case to be approved?
 
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