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I am an asylee here in the United States, based on my wife's asylum approval. I, on my own, have an employer filing for me. I-140 has been approved. I-485 has been filed.
In 1992, I committed the offense of "receiving stolen property" and "impersonation" in the state of New Jersey, went to court, got a 30 day suspended sentence for the receiving stolen property, but got the impersonation charge dismissed.
I expunged these from my records in year 2000, and later checked my FBI records with my fingerprints to verify the expungement. The FBI record came back as "NO ARREST RECORD."
When it was time to file the I-485 in year 2001, I answered "NO" to the question, "have you ever been arrested ...." The reason why I answered "No" is that my expungement order states that I can answer "No", if asked that question.
Recently, I found out that immigration is an exemption, that I shouldn't have answered "No" when asked for the purpose of immigration. The expungement order did not say this.
I contacted an attorney and she confirmed that I should declare it to the BCIS. She advise that I write them a letter of amendment to change this. I asked her to do this on my behalf. I was not using an immigration attorney before, so I think I better get one now.
She asked me to go get some info about the case from the court in NJ, but when I got there I was told that there is no more record about the case.
Questions.
1. Should I declare this to the BCIS?
2. How extensive does the BCIS do background check? Is it only through FBI records?
3. I also had a conviction for a DUI in the state of MD sometimes in 1990/1991, but it's not showing in my FBI record. Will the BCIS find this out? Should I declare it? My attorney wants me to declare everything.
4. The attorney said receiving stolen property, with a suspended jail sentence of 30 days, will be classified by the BCIS as a "crime involving moral turpitude." She said that I can file for a waiver though, and that with proper documents, I stand a good chance of getting a waiver based on my 3 American citizen children. Any advise on filing for a waiver?
5. She said that with my derivative asylee status, the worst case scenario is that they will not give me a green card, but that they probably will not send me back to my country.
Pls respond guys. Sorry for the length of this post, I just want to make myself as clear as possible.
Thanks.
In 1992, I committed the offense of "receiving stolen property" and "impersonation" in the state of New Jersey, went to court, got a 30 day suspended sentence for the receiving stolen property, but got the impersonation charge dismissed.
I expunged these from my records in year 2000, and later checked my FBI records with my fingerprints to verify the expungement. The FBI record came back as "NO ARREST RECORD."
When it was time to file the I-485 in year 2001, I answered "NO" to the question, "have you ever been arrested ...." The reason why I answered "No" is that my expungement order states that I can answer "No", if asked that question.
Recently, I found out that immigration is an exemption, that I shouldn't have answered "No" when asked for the purpose of immigration. The expungement order did not say this.
I contacted an attorney and she confirmed that I should declare it to the BCIS. She advise that I write them a letter of amendment to change this. I asked her to do this on my behalf. I was not using an immigration attorney before, so I think I better get one now.
She asked me to go get some info about the case from the court in NJ, but when I got there I was told that there is no more record about the case.
Questions.
1. Should I declare this to the BCIS?
2. How extensive does the BCIS do background check? Is it only through FBI records?
3. I also had a conviction for a DUI in the state of MD sometimes in 1990/1991, but it's not showing in my FBI record. Will the BCIS find this out? Should I declare it? My attorney wants me to declare everything.
4. The attorney said receiving stolen property, with a suspended jail sentence of 30 days, will be classified by the BCIS as a "crime involving moral turpitude." She said that I can file for a waiver though, and that with proper documents, I stand a good chance of getting a waiver based on my 3 American citizen children. Any advise on filing for a waiver?
5. She said that with my derivative asylee status, the worst case scenario is that they will not give me a green card, but that they probably will not send me back to my country.
Pls respond guys. Sorry for the length of this post, I just want to make myself as clear as possible.
Thanks.
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