Refugee status i-485 help had some legal issues. HELP

MinorGlitch

New Member
Hi everyone,

I was admitted as a refugee under section 207 of the INA back in 1999. However no one ever told me i had to apply for a green card or anything like that. I simply didn't know the importance of it. My status didn't seem to have any limitations and i didn't rush it, always leaving it for another day. I had to travel back in 2009 for the first time using a Travel Document and now that it's expired and i need to travel again in a few months i figure it's better to apply for my Green Card and get my Citizenship since it is a great privilege. My parents applied in 2005 and their Green Cards say they have been permanent residents since 1999 (not 2005). Everyone else i know with the same status has 1999 listed. Now i'm hoping mine will say the same thing since i have the same status as they and i came with them.

At this time i got a wake up call and regret not applying a long time ago. My girl is American, my son was born here and we want to start traveling, but the Travel document is a hassle. I am trying to fill out the i-485 form but I'm stuck on the first two "have you EVER" questions.

Apart from hoping my green card will say 1999 these are the two other issues i have:

1) I fled the scene of an accident back in 2002 (no one was hurt), was charged with a misdemeanor A but it was reduced to a traffic violation. I had panicked (young and stupid) and I do not like lying but i don't know if i should answer YES to the first question ( Have you ever knowingly committed any crime of moral turpitude or a drug-related offense for which you have not been arrested?) and what paperwork should i add to it if i answer YES?

2) I was going somewhere with a friend in my car back in 2005 and he was rolling a joint (marijuana) and ended up getting arrested with him even though i personally don't smoke. My friend was scared to go to central bookings alone and promised that he would take full responsibility but begged me to not leave him alone. So maybe it was stupid of me to not make him tell the cops then and there, but i decided to go with him. In the end he did take full responsibility and my case was dismissed. Now I'm thinking this could potentially damage me, all though a lot of people i know had criminal convictions and they got their green cards and i wasn't ever convicted of anything.

So technically i don't have any criminal convictions but i feel that both question 1 and 2 should be answered with YES. But am not sure.

Please help,
A dude from NYC
 
Last edited by a moderator:
8 CFR § 209.1 Adjustment of status of refugees.

The provisions of this section shall provide the sole and exclusive procedure for adjustment of status by a refugee admitted under section 207 of the Act whose application is based on his or her refugee status.

**************

(e) Decision. The director will notify the applicant in writing of the decision of his or her application for admission to permanent residence. If the applicant is determined to be inadmissible or no longer a refugee, the director will deny the application and notify the applicant of the reasons for the denial. The director will, in the same denial notice, inform the applicant of his or her right to renew the request for permanent residence in removal proceedings under section 240 of the Act. There is no appeal of the denial of an application by the director, but such denial will be without prejudice to the alien's right to renew the application in removal proceedings under part 240 of this chapter. If the applicant is found to be admissible for permanent residence under section 209(a) of the Act, the director will approve the application and admit the applicant for lawful permanent residence as of the date of the alien's arrival in the United States. An alien admitted for lawful permanent residence will be issued Form I–551, Alien Registration Receipt Card.

Yes, you were cited. You will NOT be denied a greencard or naturalization for what you have decsribed. Immediately upon getting an I-551 (LPR) stamp in your passport (or I-94), you can file your N-400 if "otherwise eligible". Read 8 CFR 316 or at least the "Guide to naturalization" on www.uscis.gov
 
Last edited by a moderator:
Top