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Friends, I am in a specific situation and very much stressed, worried.
I did concurrent filing under EB1C. My I-140 is approved, and I-485 Interview is scheduled in 3-4 weeks. My family's interview is also at the same time/day (Son and Wife)
My 6 years of L1A expired in Jan 2018 and I am working off EAD and have Advance Parole for myself/famliy. My daughter is US Citizen so she is good.
Unfortunately, a month ago, my wife was charged in a Shoplifting Offense (2C:20-11B(1) which is a Crime Involving Moral Turpitude). She was not arrested, nor fingerprinted.
We hired a criminal attorney to represent us in Municipal Court. I also hired an Immigration attorney for his review in the criminal case. After their joint review - In the court, our criminal attorney was able to convince the prosecutor and Shoplifting Offense was changed to a the offense to 2C:33-2A(1) - which is Petty Disorderly Persons offense and is not a Crime Involving Mortal Turpitude (CIMT) and then we entered guilty plea and court disposition says Guilty under Petty Disorderly Persons offense.
We did not take the case to trial because that would have delayed the court disposition to more than a month or may be more and our I-485 Interview is in 3-4 weeks and not having a final court disposition would have definitely impacted her case and it could go under RFE and if case was not resolved within 3 months, I-485 could get denied. So, immigration attorney suggested that we may plea guilty under Petty Offense and thats what Criminal Attorney did.
My wife has no prior history for any crime anywhere. This is her 1st offense ever.
Qs -
1. I am thinking to hire an attorney for I-485 Interview. Will this be right decision?
2. What do you guys think about possible outcome of I-485, knowing the scenario I described above.
3. If her GC is denied and mine and my son's GC is apporved, it would mean to me - that we all have to leave US. Are there options in such a case?
4. As I don't have underlying L1 VISA and she does not have L2 VISA, so in case of GC denial, does she have to leave USA immediately? Does she get any lead time before leaving?
5. Will she be deported? (I am hearing that if an offense is committed within 5 years of entry into USA and Possible Sentence under the crime is 1 year or more, person is treated deportable). This offense has happened after 5 years of her entry and max possible sentence is 1 month for the offense she is convicted guilty.
6. When she appears for the interview, can officer ask details about the case? Are they authorized to do so?
7. Does anyone has any similar experience?
Please help me.
Vaibhav
I did concurrent filing under EB1C. My I-140 is approved, and I-485 Interview is scheduled in 3-4 weeks. My family's interview is also at the same time/day (Son and Wife)
My 6 years of L1A expired in Jan 2018 and I am working off EAD and have Advance Parole for myself/famliy. My daughter is US Citizen so she is good.
Unfortunately, a month ago, my wife was charged in a Shoplifting Offense (2C:20-11B(1) which is a Crime Involving Moral Turpitude). She was not arrested, nor fingerprinted.
We hired a criminal attorney to represent us in Municipal Court. I also hired an Immigration attorney for his review in the criminal case. After their joint review - In the court, our criminal attorney was able to convince the prosecutor and Shoplifting Offense was changed to a the offense to 2C:33-2A(1) - which is Petty Disorderly Persons offense and is not a Crime Involving Mortal Turpitude (CIMT) and then we entered guilty plea and court disposition says Guilty under Petty Disorderly Persons offense.
We did not take the case to trial because that would have delayed the court disposition to more than a month or may be more and our I-485 Interview is in 3-4 weeks and not having a final court disposition would have definitely impacted her case and it could go under RFE and if case was not resolved within 3 months, I-485 could get denied. So, immigration attorney suggested that we may plea guilty under Petty Offense and thats what Criminal Attorney did.
My wife has no prior history for any crime anywhere. This is her 1st offense ever.
Qs -
1. I am thinking to hire an attorney for I-485 Interview. Will this be right decision?
2. What do you guys think about possible outcome of I-485, knowing the scenario I described above.
3. If her GC is denied and mine and my son's GC is apporved, it would mean to me - that we all have to leave US. Are there options in such a case?
4. As I don't have underlying L1 VISA and she does not have L2 VISA, so in case of GC denial, does she have to leave USA immediately? Does she get any lead time before leaving?
5. Will she be deported? (I am hearing that if an offense is committed within 5 years of entry into USA and Possible Sentence under the crime is 1 year or more, person is treated deportable). This offense has happened after 5 years of her entry and max possible sentence is 1 month for the offense she is convicted guilty.
6. When she appears for the interview, can officer ask details about the case? Are they authorized to do so?
7. Does anyone has any similar experience?
Please help me.
Vaibhav
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