I-485 Marriage Visa and Criminal History

[ctjoel]

I'm hoping to get some help on likelihood of successfully obtaining a marriage visa via the I-485 status change whilst in the USA on an E3 visa (similar to H1B).

My concern is regarding my Australian Criminal history:

- 2007 Recklessly cause injury - without conviction
- 2015 Unlawful Assault - without conviction

I've renewed my 2 year visa twice. Last time was done remotely due to covid therefore no interview however my first interview the officer accepted that my criminal history was not a reason for denial.

I believe USCIS is a more difficult process and am concerned about being denied. I will of course use an attorney but would appreciate any advice on likelihood of success here. Both events were not serious assaults and therefore dismissed with good behavior.

 

[grant2]

I'm not at all knowledgeable, but my understanding is the reasons for inadmissibility are the same ones which would disqualify getting a green card. i.e. crimes of moral turpitude.

The cause injury / unlawful assault do not appear to be moral turpitude crimes. Which is why you were allowed to enter in the past.

If for some reason you get told you need a waiver of inadmissibility, then you've got trouble. A waiver of criminal history for permanent residence is only available:

1. In situations of undue hardship (tough to prove) or
2. 15 years after the incident, i.e., 2030.

I think you should feel safe going forward with your application. If at some point you're told you're ineligible, then it may be time to hire a good lawyer who can argue these arrests do not make you inadmissible because (a) you were never convicted and/or (b) they are not crimes of moral turpitude.