I have gone through dozens of pages in this section to find some guidance for me. While I saw similar cases but none that could really help me. So I am posting my question in hopes of getting much needed advice.
I think my case is probably one of the most complicated ones on this board. I already talked to several attorneys specializing in immigration. They could not provide me enough insight as none of them has dealt with a case like mine. Here is my case;
1. I came to US in 1984 with an I visa as a dependent of my father who was transferred to a branch office of his company. I was 17 at the time.
2. My father filed for green card in 1987 through his company using a law firm hired by his company.
3. I made a mistake and got arrested for solicitation in 1989. I was in college at the time and being scared and ashamed I didn't tell my parents.
4. I was represented by a public defender who told me to plea no contest. He said it was no big deal since I just needed to pay a small fine($150) and be on probation for a year.
He also told me to go to the ourt and file some document after my probation ended and that it would wipe out any record. He went on to tell me to file another document at the court to see if the record was erased.
I followed his direction after one year and I did what he told me to do. Afterward when I checked there was really nothing under my name. So I thought every thing was ok and it was a life lesson for using poor judgement.
5. In the meantime the rest of family got their green card application approved but I turned 21 before that. My father petitioned for me as his single dependent in 1990 through the same company. The application was drafted for us by the firm and all I did was to sign my name. So I had no idea there was a question about criminal record in the application. Consequently my arrest record was not disclosed, a misrepresentation.
6. I went to the interview with my attorney. It ended in like 5 minutes or so and I received my green card in 1991. One of the attorneys I recently spoke with asked me if the IO asked me a question about the arrest or the conviction record. Well, the IO didn't say anything to me except having me swear the oath. He did talk to my attorney about some things but I have no idea about what they discussed.
7. I received my green card through mail in 1992.
8. I got married to a US citizen wife in 1995.
9. II filled out an application with assistance at a local help center, non-profit community organization, in 1996. Someone filled out the application there and asked me to sign it. He went through it pretty quickly and did ask me if I ever went to jail in my language. Thinking that my record was totally wiped out and I did not go to jail, I said no. So again, second misrepresentation there.
I received an interview notice in 1998. At that time I could not make the original appointment so I asked the help center to postpone it to a later date. I didn't get the notice for a new date and I forgot about it.
When I remembered after many months I called the help center to find out what was going on. They told me to just refile it some time later as they were having a serious backlog problem. As I was extremely busy struggling to get my company going at the time applying for naturalization took a back seat.
10. In 2003 I started reading about people with criminal records having problems when filing for immigration and naturalization. At first I thought I was OK since my record was wiped out. Besides I had no problem with green card application. But as time passed I kept reading more and more stories and realized it would definitely affect my case.
11. In 2005, I consulted a law firm about my situation and found out the omission, whether it was due to an honest misunderstanding or a willful lie, would pose a problem with naturalization. They told me to file a motion to vacate my conviction based on the fact that I was not provided an interpreter nor informed of a possibility that a conviction could affect my immigration status.
They said they won similar cases and helped clients obtain citizenship and I would be ok once the motion was granted Being stupid and desperate I hired them to file the motion. It was denied based on the fact that my conviction qualified under petty offense exception and that I would not face a problem as I showed that I lived an exemplary life since the conviction. That is what judge said.
The firm urged to appeal. But I had a strange feeling they were not being honest. So I consulted another law firm and found out that the problem was not the conviction record but it was the misrepresentation.
12. I have been traveling quite a bit internationally for my business and I need to continue in the future. I was stopped three years ago at Detroit airport for a second interview but was let go. I was stopped again in August at LAX but was let go after second interview.
I consulted yet another attorney recently about filing a second naturalization application. She was unsure about my chances and suggested that I just maintain my PR status.
However, I am in a situation where I have to make a decision to let my wife know about it or move forward with naturalization process hoping that I can present a good case to IO.
Please give me your advice. Thank you in advance.
I think my case is probably one of the most complicated ones on this board. I already talked to several attorneys specializing in immigration. They could not provide me enough insight as none of them has dealt with a case like mine. Here is my case;
1. I came to US in 1984 with an I visa as a dependent of my father who was transferred to a branch office of his company. I was 17 at the time.
2. My father filed for green card in 1987 through his company using a law firm hired by his company.
3. I made a mistake and got arrested for solicitation in 1989. I was in college at the time and being scared and ashamed I didn't tell my parents.
4. I was represented by a public defender who told me to plea no contest. He said it was no big deal since I just needed to pay a small fine($150) and be on probation for a year.
He also told me to go to the ourt and file some document after my probation ended and that it would wipe out any record. He went on to tell me to file another document at the court to see if the record was erased.
I followed his direction after one year and I did what he told me to do. Afterward when I checked there was really nothing under my name. So I thought every thing was ok and it was a life lesson for using poor judgement.
5. In the meantime the rest of family got their green card application approved but I turned 21 before that. My father petitioned for me as his single dependent in 1990 through the same company. The application was drafted for us by the firm and all I did was to sign my name. So I had no idea there was a question about criminal record in the application. Consequently my arrest record was not disclosed, a misrepresentation.
6. I went to the interview with my attorney. It ended in like 5 minutes or so and I received my green card in 1991. One of the attorneys I recently spoke with asked me if the IO asked me a question about the arrest or the conviction record. Well, the IO didn't say anything to me except having me swear the oath. He did talk to my attorney about some things but I have no idea about what they discussed.
7. I received my green card through mail in 1992.
8. I got married to a US citizen wife in 1995.
9. II filled out an application with assistance at a local help center, non-profit community organization, in 1996. Someone filled out the application there and asked me to sign it. He went through it pretty quickly and did ask me if I ever went to jail in my language. Thinking that my record was totally wiped out and I did not go to jail, I said no. So again, second misrepresentation there.
I received an interview notice in 1998. At that time I could not make the original appointment so I asked the help center to postpone it to a later date. I didn't get the notice for a new date and I forgot about it.
When I remembered after many months I called the help center to find out what was going on. They told me to just refile it some time later as they were having a serious backlog problem. As I was extremely busy struggling to get my company going at the time applying for naturalization took a back seat.
10. In 2003 I started reading about people with criminal records having problems when filing for immigration and naturalization. At first I thought I was OK since my record was wiped out. Besides I had no problem with green card application. But as time passed I kept reading more and more stories and realized it would definitely affect my case.
11. In 2005, I consulted a law firm about my situation and found out the omission, whether it was due to an honest misunderstanding or a willful lie, would pose a problem with naturalization. They told me to file a motion to vacate my conviction based on the fact that I was not provided an interpreter nor informed of a possibility that a conviction could affect my immigration status.
They said they won similar cases and helped clients obtain citizenship and I would be ok once the motion was granted Being stupid and desperate I hired them to file the motion. It was denied based on the fact that my conviction qualified under petty offense exception and that I would not face a problem as I showed that I lived an exemplary life since the conviction. That is what judge said.
The firm urged to appeal. But I had a strange feeling they were not being honest. So I consulted another law firm and found out that the problem was not the conviction record but it was the misrepresentation.
12. I have been traveling quite a bit internationally for my business and I need to continue in the future. I was stopped three years ago at Detroit airport for a second interview but was let go. I was stopped again in August at LAX but was let go after second interview.
I consulted yet another attorney recently about filing a second naturalization application. She was unsure about my chances and suggested that I just maintain my PR status.
However, I am in a situation where I have to make a decision to let my wife know about it or move forward with naturalization process hoping that I can present a good case to IO.
Please give me your advice. Thank you in advance.