Hello all
Last year my husband and I had our interview with INS for his green card. That same year (prior to interview) he had been convicted of two counts of simple assault for a fight that he was in. Therefore at our interview he had done his time and was on probation. There was no doubt in my mind that they believed we had a valid marriage, but the immigration officer told us that we would have to come back with the certified court disposition when his probation was over (and ask for her) and at that time they would not require us to have another interview, but rather just review the case and make a decision (which I would assume involves determining whether his crime was one of moral turpitude). Not soon after we received the approval for our I-130 and approval for work authorization and advanced parole.
Probation was supposed to be over last week and the probation officer is giving us a terribly difficult time so who knows how long this will drag out. My questions are as follows:
1. If it takes another year to get this probation thing over with, will that negatively effect the case? I guess my concern is, how long can the 485 be pending?
2. We were told by our immigration attorney that due to the criminal conviction my husband should not travel, however, last year he left the country twice and thank goodness was fine upon reentry. Should he risk it again? Would his little simple assault conviction throw up a red flag?
3. What is the case law that states ones status cant be adjusted while on probation? Is it true you can have your status adjusted while on probation?
Last year my husband and I had our interview with INS for his green card. That same year (prior to interview) he had been convicted of two counts of simple assault for a fight that he was in. Therefore at our interview he had done his time and was on probation. There was no doubt in my mind that they believed we had a valid marriage, but the immigration officer told us that we would have to come back with the certified court disposition when his probation was over (and ask for her) and at that time they would not require us to have another interview, but rather just review the case and make a decision (which I would assume involves determining whether his crime was one of moral turpitude). Not soon after we received the approval for our I-130 and approval for work authorization and advanced parole.
Probation was supposed to be over last week and the probation officer is giving us a terribly difficult time so who knows how long this will drag out. My questions are as follows:
1. If it takes another year to get this probation thing over with, will that negatively effect the case? I guess my concern is, how long can the 485 be pending?
2. We were told by our immigration attorney that due to the criminal conviction my husband should not travel, however, last year he left the country twice and thank goodness was fine upon reentry. Should he risk it again? Would his little simple assault conviction throw up a red flag?
3. What is the case law that states ones status cant be adjusted while on probation? Is it true you can have your status adjusted while on probation?