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Hello. I hope someone will be able to help me with my worry before the interview.
I?m applying for AOS of status through marriage. Came here for school and overstayed my visa due to having a child with an American citizen who I ended up leaving because of emotional abuse. I was given primary physical custody of my son after mediation. One day at Walmart shopping I mistakenly put a $3 pencil in the diaper bag that I had given my son to play with while trying to calm him down from acting out. Went to the register paid for goods totaling $77. While walking out a lady comes, stops me and takes me in the back office. The loss prevention accused me of stealing the pencil. I explained to them I didn?t mean to take it it. I was overwhelmed with my son?s tantrums and forgot to put the pencil back where it belonged. I asked the lady why would I pay for $77 worth of items and get my self in trouble for $3 worth of pencil? At that time, I?m terrified that that day was it. I had overstayed and was working at a retail store to make ends meet ( I had a valid social security card I got through working at the college I went to) I have never **** d any documents. I scared I was going to be returned to my country without my son. They told me if I admitted to the crime and sign papers they wouldn?t call the cops. I did but they ended up calling officers anyway. Luckily for me one officer was really nice and the accusation did not make sense to him at all. So he told me he was going to finger print me and release me but I should appear in court and explain to the prosecutor exactly what happened. I was terrified to appear in court due to my status but I did anyway while praying hard. The prosecutor recommended I pay a fine and he told me not to worry about doing community service and since he put me through a diversion program charges will be dropped. I paid the fine and did a few hours of community service even though it wasn?t recommended. Charges were dropped and i included the certified NoLo Prosequi (no longer will prosecute) paper I was given by the court in the AOS application I sent to USCIS.
My record is expunged and I have a letter from my local police office that I have no criminal record. I?m planning to take that with me during the interview.
I got my EAD and got a job right after two months of receiving the EAD. I have no other criminal record here in the US or back home in my country.
The paralegal that prepared my file told me to not worry about it because I was never convicted and I went through the proper process of expunging the misdemeanor. He said also since I appeared in court to take care of the matter even though I knew I had overstayed Will speak volume to the IO. Apparently the immigration has a one time forgiving process for non-conviction cases. I don?t know how true this is. I?m extremely worried.we can?t afford a lawyer to consult in or hire one to go with us to the interview.
Please anyone who is familiar with cases like this offer your advice. Sorry for the long text and thank you!
I?m applying for AOS of status through marriage. Came here for school and overstayed my visa due to having a child with an American citizen who I ended up leaving because of emotional abuse. I was given primary physical custody of my son after mediation. One day at Walmart shopping I mistakenly put a $3 pencil in the diaper bag that I had given my son to play with while trying to calm him down from acting out. Went to the register paid for goods totaling $77. While walking out a lady comes, stops me and takes me in the back office. The loss prevention accused me of stealing the pencil. I explained to them I didn?t mean to take it it. I was overwhelmed with my son?s tantrums and forgot to put the pencil back where it belonged. I asked the lady why would I pay for $77 worth of items and get my self in trouble for $3 worth of pencil? At that time, I?m terrified that that day was it. I had overstayed and was working at a retail store to make ends meet ( I had a valid social security card I got through working at the college I went to) I have never **** d any documents. I scared I was going to be returned to my country without my son. They told me if I admitted to the crime and sign papers they wouldn?t call the cops. I did but they ended up calling officers anyway. Luckily for me one officer was really nice and the accusation did not make sense to him at all. So he told me he was going to finger print me and release me but I should appear in court and explain to the prosecutor exactly what happened. I was terrified to appear in court due to my status but I did anyway while praying hard. The prosecutor recommended I pay a fine and he told me not to worry about doing community service and since he put me through a diversion program charges will be dropped. I paid the fine and did a few hours of community service even though it wasn?t recommended. Charges were dropped and i included the certified NoLo Prosequi (no longer will prosecute) paper I was given by the court in the AOS application I sent to USCIS.
My record is expunged and I have a letter from my local police office that I have no criminal record. I?m planning to take that with me during the interview.
I got my EAD and got a job right after two months of receiving the EAD. I have no other criminal record here in the US or back home in my country.
The paralegal that prepared my file told me to not worry about it because I was never convicted and I went through the proper process of expunging the misdemeanor. He said also since I appeared in court to take care of the matter even though I knew I had overstayed Will speak volume to the IO. Apparently the immigration has a one time forgiving process for non-conviction cases. I don?t know how true this is. I?m extremely worried.we can?t afford a lawyer to consult in or hire one to go with us to the interview.
Please anyone who is familiar with cases like this offer your advice. Sorry for the long text and thank you!
Good luck!!!
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