intend to deny of adjustment of status

W

worid123

New Member
Need your help on this!!!!

My friend has a expunged record of Miscelleous Ordnance (amended from a shoplifting case).

Last year, she filed I-485 as a dependent of her husband and mentioned above record on her application. Her husband's case has been approved, but she just found out from INS's voice mail recently, that the decision on her case is 'intend to deny'.

Does anybody have any idea what she can do?

Your suggestions will be greatly appreciated!!!
 
A criminal lawyer or an immigration lawyer?

By the way, when she filed I-485, the record is still there, but now, the record has been expunged, but she didn't send the expunged document to INS. Do you think INS already knew the expunged thing through fingerprint check, or without mailing to them the document, they just don't know it has been expunged.

Or even it has been expunged, INS still thinks it's a very big deal, and deny the case.

Do you have any idea about the chance of getting approved?

Any help will be grealy appreciated!!!!!
 
appeals

go before an immigration judge and she needs an immigration attorney.
If it is a mere case of not sending the document it can be fixed by her sending the expunged information to INS now. But immigration cases /appeals are always not cause and effect programs or straight forward documentation issues. Intent is a major factor.
So better to consult an immigration lawyer. U dont need a criminal lawyer though...
 
Share Info.

Can you please share if the person was ever arrested or fingerprinted by police? Did she go to the court? Was she fined?


Also, how is it expunged? I am not clear what it is.

My friend also has similar thing, but he was never recd. anything from police, and never went to court. he hasn't mentioned anythign on 485 as the attorney said so. And he is worried now.

Can you pl. share some info.

Thanks,
 
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What is This expunged?

HI What is This expunged?

Please inform me
Thanks
:confused:
 
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similar situation

My RD is in July 2001.
I had a problem few years back. Someone complained about me in court and I was charged with assault (just pushing someone). No arrest or fingerprints taken. I went to court but although I could have won the case, I was afraid to go to trial so I settled for CWOF (continuance without a finding). But I was on 1 year probabtion and had to take anger management class. Case was dropped after 1 year.
On the application I checked NO to all the questions about crimes.
I still haven't heard from INS about my case. IT is still pending.
Do you think I will get the same intent to deny?
 
Background search is not clear

While INS has started doing background search, it is still not clear as to what exactly they are doing. Many have been asked to come back later for passport Stamping after they recd. the approval letter only because INS wants to do Background checking for all applications for Permanent Residency and Citizenship.

Obvioulsly, the first thing they check is finger printing. It is doubtful if they go to each county courts to get the information on an applicant. Thus, most probably if you are not finger printed earlier, there shouldn't be any record to question and the delay may be just the typical INS way! Even if there is any question, INS should send a notice/RFE (ranging from intent to deny to more details). Since you haven't recd. anything, keep your finger crossed, and may hear the approval soon.
 
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