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  • Potentially huge unforseen problem

    I overstayed my visa for over 8 years; I was married to an abusive woman for over 5 and was not permitted to adjust my status through marriage.
    In the last year of our relationship I was able to document (via video) physical attacks, alcohol abuse and verbally threatening behavior.
    Eventually she was arrested for domestic violence, child endangerment and a DUI.

    Suffice to say, I've had a smooth case so far with an approved I-360 vawa petition.

    I've since applied for an adjustment of status, work authorization and had been quite optimistic that everything would go smoothly.

    During my late teens (now mid-30's), I had a couple of trivial arrests in my home country. The equivalent of a drunken in public and a simple assault charge.
    I acknowledged these on my I-485 forms and provided necessary information.
    I was informed during a consultation that an account of these arrests would suffice; That none of the records would be relevant, unless specifically requested.

    I recently went about trying to get a clearance record from my home country, just to have a copy for my records.
    But much to my surprise that request was denied.

    After hiring a solicitor in the UK, he did some quick digging around and discovered a warrant for allegedly missing a court hearing in 2004
    Debt collectors had attempted to sue me, but having not lived at the address in question for many years, I had absolutely no knowledge of this.

    The solicitor has made efforts to clear the matter up with the court. He assures me it'll be a simple case of making an appearance, offering my very legitimate excuse and paying a fine (plus the debt).
    But there's no way I can leave the U.S until my GC is approved, or ultimately denied.

    I'm in a panic and don't know how to proceed.

    Do I send notification to USCIS to avoid a misrepresentation? Would they understand that this was not an intentional oversight?
    I assume the UK would share this information with USCIS and it would be easy for them to acquire if I don't point it out myself.

    The best bet is to obviously consult with an immigration attorney. But I honestly am burned out on finances this month and can't afford another retainer unless absolutely essential.

    Appreciate any help you can offer in this regard.
    Last edited by LoneSoldier; 03-29-2016, 03:43 PM.

  • #2
    I would definitely get in touch with an attorney. The cost might be lower than you expect, or they might work out a payment plan for you. Where are you located?

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    • #3
      Originally posted by jimca87 View Post
      I would definitely get in touch with an attorney. The cost might be lower than you expect, or they might work out a payment plan for you. Where are you located?
      I'm based in NoCal, near Sacramento.

      An immigration attorney I'd used during my I-360 process returned my call earlier this a.m. He was brief, but seemed unconcerned.

      He said (loosely quoted)
      If we attempted to resubmit an amended I-485, you'll increase your risk of a denial.
      Unless you were charged with something really serious, you won't be red-flagged during an FBI name check.
      (And he said) If by some small chance it came up and your were asked to detail the problem during an interview, tell the truth.
      Tell them you found out about this warrant after submitting your paperwork and that you will address the allegation after the GC is approved.

      He also told me to relax. Which I recall him doing during my paid time with him.
      He did say I'd have a slam dunk case with my VAWA petition and due to the overwhelming amount of evidence I had. He was right about that part at least!

      But I'll rest easy when I have a GC in hand, when I'm in a better position to further protect my children from their abusive mother. (Currently 4.5 days a week in my custody)

      If anybody else has an opinion on the accuracy or inaccuracy of his assessment. Please feel free to chime in.
      Last edited by LoneSoldier; 04-01-2016, 02:05 AM. Reason: Typo Central

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