i-130 approved, i-485 pending review for past criminal charges. What are the chances?

[jcroot88]

Hello Guys!

I am trying to gather information to help my brother in getting his i-485 approved.

I need advice from people who perhaps have experienced something similar or have some knowledge about the matter.

Please no rude or negative comments, we all make mistakes and even though i know my brother made a really bad mistake I am just trying to help a family member.

Here is the story:

1: My brother arrived to America on 2014 with a Tourist visa and decided to stay, (his visa expired).

2: On 2015 he married his US Citizen fiance.
- At the present time they have a 1 year old baby and are living together, they bought a house here in America.

3: Same year 2015 he got into trouble with the police, at a party he got really drunk and got arrested by local police, he refused arrest and assault a police officer.
- He hired a criminal lawyer who was able to put him into a P.T.I Program since this was his first offense and there were no criminal neither juvenile records before.

Charges are:
Resisting arrest by physical force or violence, 2C:29-2A(3)(A) Degree: 3
Aggravated assault a police officer, 2C:12-1B(5)(A) Degree: 3

*The Pretrial Intervention Program (PTI) provides defendants, generally first-time offenders, with opportunities for alternatives to the traditional criminal justice process of ordinary prosecution. PTI seeks to render early rehabilitative services when such services can reasonably be expected to deter future criminal behavior.*

- The PTI condition was for drug and alcohol testing every once in a while for a total period of three years.
- Even though the PTI condition was for drug and alcohol testing, there was no drugs involved in here, alcohol only.
- He is still in the PTI program, there is 1 more year left before is done.

4: Last year (beginning of 2017) he decided to hire an immigration lawyer and apply for immigration status adjustment based on marriage.
- Three of the first immigration lawyers that he saw told him that there was no chance for him in getting a green card with his past two charges.
- One immigration lawyer told him to take a risk and apply for a green card so he did.

5: Middle of 2017 he got his work permit and travel document permit approved and now he is in the process of getting his driver license.

6: On Feb 15, 2018 he went to his immigration/green card interview with his wife and everything went fine.
- The immigration officer reviewed their marriage and comment that their marriage is fine.
- The immigration officer ask for original or certified documents from the incident/arrest that he got involved back in 2015 but there was none.
- My brother only presented copies from the court and police reports but none original/certified.

7: At the end of the interview the immigration officer told them that the marriage was fine but she could not make a decision for now.
- Yesterday Feb 27, 2018 my brother review a letter saying that his i-130 was approved, but his i-485 is still pending for review along with a letter
asking for more evidence regarding his arrest back in 2015.

Please see attached file of copy of the letter asking for more evidence that he received.

My questions:

1: What do you guys think will be the outcome of this case?

2: Ware the possibilities of him getting his green card approved?

3: What is exactly the documents that immigration is requesting now?
- We are afraid of sending the wrong documents or missing documents
and my brother don't trust his lawyer anymore since he believe that
he was in charged of telling him about the original/certified documents from
the court regarding the PTI Program and Arrest.

4: What other documents can we submit in order to make a better outcome?
-Is there any recommendation or advice that you can give regarding this case?

[azblk]

Hello Guys!

I am trying to gather information to help my brother in getting his i-485 approved.

I need advice from people who perhaps have experienced something similar or have some knowledge about the matter.

Please no rude or negative comments, we all make mistakes and even though i know my brother made a really bad mistake I am just trying to help a family member.

Here is the story:

1: My brother arrived to America on 2014 with a Tourist visa and decided to stay, (his visa expired).

2: On 2015 he married his US Citizen fiance.
- At the present time they have a 1 year old baby and are living together, they bought a house here in America.

3: Same year 2015 he got into trouble with the police, at a party he got really drunk and got arrested by local police, he refused arrest and assault a police officer.
- He hired a criminal lawyer who was able to put him into a P.T.I Program since this was his first offense and there were no criminal neither juvenile records before.

Charges are:
Resisting arrest by physical force or violence, 2C:29-2A(3)(A) Degree: 3
Aggravated assault a police officer, 2C:12-1B(5)(A) Degree: 3

*The Pretrial Intervention Program (PTI) provides defendants, generally first-time offenders, with opportunities for alternatives to the traditional criminal justice process of ordinary prosecution. PTI seeks to render early rehabilitative services when such services can reasonably be expected to deter future criminal behavior.*

- The PTI condition was for drug and alcohol testing every once in a while for a total period of three years.
- Even though the PTI condition was for drug and alcohol testing, there was no drugs involved in here, alcohol only.
- He is still in the PTI program, there is 1 more year left before is done.

4: Last year (beginning of 2017) he decided to hire an immigration lawyer and apply for immigration status adjustment based on marriage.
- Three of the first immigration lawyers that he saw told him that there was no chance for him in getting a green card with his past two charges.
- One immigration lawyer told him to take a risk and apply for a green card so he did.

5: Middle of 2017 he got his work permit and travel document permit approved and now he is in the process of getting his driver license.

6: On Feb 15, 2018 he went to his immigration/green card interview with his wife and everything went fine.
- The immigration officer reviewed their marriage and comment that their marriage is fine.
- The immigration officer ask for original or certified documents from the incident/arrest that he got involved back in 2015 but there was none.
- My brother only presented copies from the court and police reports but none original/certified.

7: At the end of the interview the immigration officer told them that the marriage was fine but she could not make a decision for now.
- Yesterday Feb 27, 2018 my brother review a letter saying that his i-130 was approved, but his i-485 is still pending for review along with a letter
asking for more evidence regarding his arrest back in 2015.

Here is a copy of the letter if you want to take a look at it:

https://ibb.co/ejJ1TH

My questions:

1: What do you guys think will be the outcome of this case?

2: Ware the possibilities of him getting his green card approved?

3: What is exactly the documents that immigration is requesting now?
- We are afraid of sending the wrong documents or missing documents
and my brother don't trust his lawyer anymore since he believe that
he was in charged of telling him about the original/certified documents from
the court regarding the PTI Program and Arrest.

4: What other documents can we submit in order to make a better outcome?
-Is there any recommendation or advice that you can give regarding this case?

Its is very hard to know how it will turn out. Those are pretty serious charges your brother had. Generally in cases where the resolution is PTI or plea bargains the USCIS tends to take the view that one has pleaded guilty to the original charges. If those would have resulted in more than a year in jail/prison its hard to see how he will get a green card but he had to try. At this point there is not much he can do but wait for the decision and go from there. One thing for sure He needs a very competent IMMIGRATION attorney and not a form filler masquerading as an attorney.

[kaylip]

I think it's best to seek advice from an attorney. This is very serious and complicated

[jcroot88]

Its is very hard to know how it will turn out. Those are pretty serious charges your brother had. Generally in cases where the resolution is PTI or plea bargains the USCIS tends to take the view that one has pleaded guilty to the original charges. If those would have resulted in more than a year in jail/prison its hard to see how he will get a green card but he had to try. At this point there is not much he can do but wait for the decision and go from there. One thing for sure He needs a very competent IMMIGRATION attorney and not a form filler masquerading as an attorney.

Thank you for your reply.

It looks like everything is looking dark for my brother, but why do you believe immigration is requesting those certified/original documents? Even worse, why he didn't get

What are his chances of getting his i-485 approved? Should he find another lawyer?

Thank you one more time!

Also, if anybody else can help here or give an advice I will be thankful.

[azblk]

Thank you for your reply.

It looks like everything is looking dark for my brother, but why do you believe immigration is requesting those certified/original documents? Even worse, why he didn't get

What are his chances of getting his i-485 approved? Should he find another lawyer?

Thank you one more time!

Also, if anybody else can help here or give an advice I will be thankful.

The USCIS generally only accepts originals or certified copies of official documents. My personal view is his chances are quite low especially given the current political leadership at USCIS that is doing everything to lower the number of immigrants even legal ones. About the lawyer i can not comment as i have no idea on how competent he/she is but this case will likely be resolved in immigration court. You have to wait and see what decision comes down but but if you want to be proactive start consulting and talking to attorneys with experience in removal. If he had been here at least 10 years - he might have a chance using COR.
Sorry to be bearer of bad news but I could be wrong and overthinking it.

[jcroot88]

The USCIS generally only accepts originals or certified copies of official documents. My personal view is his chances are quite low especially given the current political leadership at USCIS that is doing everything to lower the number of immigrants even legal ones. About the lawyer i can not comment as i have no idea on how competent he/she is but this case will likely be resolved in immigration court. You have to wait and see what decision comes down but but if you want to be proactive start consulting and talking to attorneys with experience in removal. If he had been here at least 10 years - he might have a chance using COR.
Sorry to be bearer of bad news but I could be wrong and overthinking it.

Thank you once again for your reply.

I was just hoping that this will turn out fine since he was approved for Work Permit and a Travel Document Permit so I couldn't think of why he will not be allowed to get a green card if everything else wen fine.

Any other advice or comments are welcome!

Thanks Guys!

[azblk]

Thank you once again for your reply.

I was just hoping that this will turn out fine since he was approved for Work Permit and a Travel Document Permit so I couldn't think of why he will not be allowed to get a green card if everything else wen fine.

Any other advice or comments are welcome!

Thanks Guys!

EAD and AP are statutory. USCIS HAS to approved them if there is a properly filed petition with very limited exceptions.

[Vio]

[QUOTE=jcroot88;557359]Hello Guys!

I am trying to gather information to help my brother in getting his i-485 approved.

I need advice from people who perhaps have experienced something similar or have some knowledge about the matter.

Please no rude or negative comments, we all make mistakes and even though i know my brother made a really bad mistake I am just trying to help a family member.

Here is the story:

1: My brother arrived to America on 2014 with a Tourist visa and decided to stay, (his visa expired).

2: On 2015 he married his US Citizen fiance.
- At the present time they have a 1 year old baby and are living together, they bought a house here in America.

3: Same year 2015 he got into trouble with the police, at a party he got really drunk and got arrested by local police, he refused arrest and assault a police officer.
- He hired a criminal lawyer who was able to put him into a P.T.I Program since this was his first offense and there were no criminal neither juvenile records before.

Charges are:
Resisting arrest by physical force or violence, 2C:29-2A(3)(A) Degree: 3
Aggravated assault a police officer, 2C:12-1B(5)(A) Degree: 3

*The Pretrial Intervention Program (PTI) provides defendants, generally first-time offenders, with opportunities for alternatives to the traditional criminal justice process of ordinary prosecution. PTI seeks to render early rehabilitative services when such services can reasonably be expected to deter future criminal behavior.*

- The PTI condition was for drug and alcohol testing every once in a while for a total period of three years.
- Even though the PTI condition was for drug and alcohol testing, there was no drugs involved in here, alcohol only.
- He is still in the PTI program, there is 1 more year left before is done.

4: Last year (beginning of 2017) he decided to hire an immigration lawyer and apply for immigration status adjustment based on marriage.
- Three of the first immigration lawyers that he saw told him that there was no chance for him in getting a green card with his past two charges.
- One immigration lawyer told him to take a risk and apply for a green card so he did.

5: Middle of 2017 he got his work permit and travel document permit approved and now he is in the process of getting his driver license.

6: On Feb 15, 2018 he went to his immigration/green card interview with his wife and everything went fine.
- The immigration officer reviewed their marriage and comment that their marriage is fine.
- The immigration officer ask for original or certified documents from the incident/arrest that he got involved back in 2015 but there was none.
- My brother only presented copies from the court and police reports but none original/certified.

7: At the end of the interview the immigration officer told them that the marriage was fine but she could not make a decision for now.
- Yesterday Feb 27, 2018 my brother review a letter saying that his i-130 was approved, but his i-485 is still pending for review along with a letter
asking for more evidence regarding his arrest back in 2015.

Please see attached file of copy of the letter asking for more evidence that he received.

My questions:

1: What do you guys think will be the outcome of this case?

2: Ware the possibilities of him getting his green card approved?

3: What is exactly the documents that immigration is requesting now?
- We are afraid of sending the wrong documents or missing documents
and my brother don't trust his lawyer anymore since he believe that
he was in charged of telling him about the original/certified documents from
the court regarding the PTI Program and Arrest.

4: What other documents can we submit in order to make a better outcome?
-Is there any recommendation or advice that you can give regarding this case?

[/QU
All he have to do is to call the court in Perth Amboy and ask for a certified disposition from their records..

[jcroot88]

All he have to do is to call the court in Perth Amboy and ask for a certified disposition from their records..

Hello there, thank you for your reply, is there any other advice? or recommendation regarding this case?

Do you have some experience with similar cases?

I searched the web and there were some people who were able to get their green cards even with criminal records, could this be true?

Any other comment or advice are welcome!

[mina_munchy]

He should have waited till the case get dismissed of court . If he does the PTI at superior court of Middlesex County in NJ . It doesn?t require guilty plea and he should be fine after the case would be dismissed. Do
You live in NJ ? Pm me

[jcroot88]

He should have waited till the case get dismissed of court . If he does the PTI at superior court of Middlesex County in NJ . It doesn?t require guilty plea and he should be fine after the case would be dismissed. Do
You live in NJ ? Pm me

Hello there, yes my brother lives in New Jersey along with his wife and 1 year baby.

He is still in the PTI program and have one more year to go.

I also recommended him to wait until PTI is finish in order to apply for green card but he decided to take the risk and just apply.

It looks like you have some knowledge and experience regarding this type of cases, can you give me some ideas of what should be expect?
Does he needs to find a better immigration lawyer?

[pmf123]

I definately would have waiting longer to apply... they forgive certain offenses after time, the worse the crime, the longer you have to wait... IMH

[UScitizenFilingforspouse]

Your brother needs an attorney. However, y'all need to do your footwork and read the instructions of the forms, too. Page 13 of 42, #11; that entire page tells you that if you've ever been detained, arrested, convicted, etc, you have to include certified copies of x, y, z.
I am not demeaning you or the situation. Read the instructions. It's all there. Just recently we had someone who filed for adjustment of status from Australia. Go figure. Others get RFE'd 3 times before the interview (passport photos, wrong eligibility category and omitting I-131A) and once again during the interview for a divorce decree and a medical exam form not filled out correctly. It's all unnecessary.
While the case seems convoluted, and it may seem like USCIS is being difficult but really, all they're asking for is what's listed on the I-485 instructions.
It may help to get affidavits from people who can vouch for your brother's good character. Sure, assault sounds terrible on paper but if the man complying with the PTI, holding a job and staying out of trouble, a few letters vouching for his character can help balance that. How about a letter from a counselor?

[jcroot88]

Your brother needs an attorney. However, y'all need to do your footwork and read the instructions of the forms, too. Page 13 of 42, #11; that entire page tells you that if you've ever been detained, arrested, convicted, etc, you have to include certified copies of x, y, z.
I am not demeaning you or the situation. Read the instructions. It's all there. Just recently we had someone who filed for adjustment of status from Australia. Go figure. Others get RFE'd 3 times before the interview (passport photos, wrong eligibility category and omitting I-131A) and once again during the interview for a divorce decree and a medical exam form not filled out correctly. It's all unnecessary.
While the case seems convoluted, and it may seem like USCIS is being difficult but really, all they're asking for is what's listed on the I-485 instructions.
It may help to get affidavits from people who can vouch for your brother's good character. Sure, assault sounds terrible on paper but if the man complying with the PTI, holding a job and staying out of trouble, a few letters vouching for his character can help balance that. How about a letter from a counselor?

Thank you for taking the time to reply to this post.

So letters of support from people that may know my brother could be of some help?

Where should we get the letter from a counselor? from his original country counselor?

If you have any other tips or comments please let me know.

Thanks!

[UScitizenFilingforspouse]

Thank you for taking the time to reply to this post.

So letters of support from people that may know my brother could be of some help?

Where should we get the letter from a counselor? from his original country counselor?

If you have any other tips or comments please let me know.

Thanks!

Such letters would be in addition to, and not in lieu of, the certified copies they're requesting. USCIS is saying his I-485 application is incomplete and needs supporting documentation that is listed on the instructions. I know it sounds terrifying but just think about it for a moment. Most branches of the government do not share information with each other. I'll give you an example -- unless you let the Social Security Administration (SSA) know that you've become a US citizen, there is really no other way that info will be updated. You have to physically walk over to the SSA and show your certificate of naturalization for them to update your citizenship.
Back to the point - it makes sense then that USCIS requires certified copies in situations when there is a criminal record. There are tons of ways to alter documents these days. Photoshop, etc. They have to rely on that old-fashioned stamp to know that the document is real.
If he helps clean up his church on Sundays after mass, well, get a letter from that priest vouching for his good moral character. If he volunteers at a homeless shelter, same thing. If he has to attend alcoholic anonymouos (AA) meetings as part of his PTI, then he could get attendance records and a letter from his sponsor. If he is sponsoring someone, well, why not get a letter from a sponsee of his? You get the idea.
In my humble opinion, he will be fine. Other members chimed in with good advice on how to proceed with requesting such records in NJ. Follow that.

Best of luck!