coolbreezer
New Member
Hello Board, My name is Jay. Im basically seeking advice on what I should do, I don't tend to take any of it as legal advice , but to kinda put a foundation under what I am already planning to do. Two years ago I entered into a bona fide marriage with my wife and got a conditional green card. We separated a few months ago and my divorce became final on the 24th of july 09, 6 days after my conditional green card expired. I didn't file because I was told that I cannot file i-751 unless the divorce is final but the petition says I can file anytime between the date the green card was issued and before I was removed if I am filing for a waiver of the joint petition.
My wife and i had a very bitter separation basically because she was cheating and was exposed but during the separation she took everything she knew I would need for immigration purposes. She would not help me nor will her family speak to me. When she left I had to get a roommate to help with the bills. Needless to say it was the roommate from hell and i got into a few altercations about money which led to a few charges on my record : Simple assault (Dismissed ) Felony larceny (Dismissed) and another Simple assault (Pending Deferral program which after will be Dismissed.)
Now that I have the divorce decree, I am scared to file with all of these charges hanging on there. I was going to wait a few more months till i get the pending charge dismissed and then file. This may still prove bad having three charges even if they are dismissed but at least they would be dismissed. The problem is I just got a notice that my status has expired which i'm sure will be followed by a notice to appear in immigration court. I don't know how I would explain to the judge why I am waiting, but should I file anyway with a letter from my attorney explaining that the charge will be dismissed so I at least go to the NTA hearing with a pending case in hand so I'm not automatically deported?
Also , how is it looked upon by immigration if i have these two misdemeanors and a felony charge even-though they were dismissed? What should I do. I can try to have the already dismissed two expunged and just file with the 1 pending. Does anyone know how long the NTA hearing is from the time I receive notice. Any information would be greatly appreciated. Also, once the two dismissed charges are expunged, do I still have to report them to immigration? Are any of these charges deemed deportable?
My wife and i had a very bitter separation basically because she was cheating and was exposed but during the separation she took everything she knew I would need for immigration purposes. She would not help me nor will her family speak to me. When she left I had to get a roommate to help with the bills. Needless to say it was the roommate from hell and i got into a few altercations about money which led to a few charges on my record : Simple assault (Dismissed ) Felony larceny (Dismissed) and another Simple assault (Pending Deferral program which after will be Dismissed.)
Now that I have the divorce decree, I am scared to file with all of these charges hanging on there. I was going to wait a few more months till i get the pending charge dismissed and then file. This may still prove bad having three charges even if they are dismissed but at least they would be dismissed. The problem is I just got a notice that my status has expired which i'm sure will be followed by a notice to appear in immigration court. I don't know how I would explain to the judge why I am waiting, but should I file anyway with a letter from my attorney explaining that the charge will be dismissed so I at least go to the NTA hearing with a pending case in hand so I'm not automatically deported?
Also , how is it looked upon by immigration if i have these two misdemeanors and a felony charge even-though they were dismissed? What should I do. I can try to have the already dismissed two expunged and just file with the 1 pending. Does anyone know how long the NTA hearing is from the time I receive notice. Any information would be greatly appreciated. Also, once the two dismissed charges are expunged, do I still have to report them to immigration? Are any of these charges deemed deportable?