Please help me

[Confused_1]

I don't even know where to begin...

My wife flew to see me in Canada 4/07 (we we're not married at this time). I decided to drive her back to Florida and visit. Days and Nights came and went and I didn't want to leave, she did not want me to leave. Holidays came up, we spent the holidays together. We decided to stay together so we go married.

We went to an attorney today to see what exactly we had to do to get me over here so that I may work and live my life with her.

He said everything should go okay as we need to fill out adjustment of status, work permit and some other forms for a hefty price.

Attorney asks me if I have been arrested , which I disclose to him yes. I was 17 years old and at a park, was in a fight with some friends of mine with some others at the park. I was initially charged with assualt with a deadly weapon (because I had steel toed boots on). The charge was reduced to assault causing bodily harm **** EDIT- It was a misdemeanor **** and I was given a pardon. I do not have any further charges and abide by the law.

My attorney says "before" we can go any further, I must obtain court record proof that I was pardoned AND that he is not sure if US accepts Canadian pardons or even how that works for that matter.

I have done research and am confused and now my wife is scared and upset I might have to leave.

I was wondering if anyone has any advice. I do not know how to get these records , nor what our chance will be to be together.

Thank You very much!

[PraetorianXI]

The US will accept the Canadian Court records. For as long as they are certified copies and translated (if needed) to english.

You do not need a lawyer to undergo the Adjustment of Status process. Your case should be pretty simple.

[Confused_1]

The US will accept the Canadian Court records. For as long as they are certified copies and translated (if needed) to english.

You do not need a lawyer to undergo the Adjustment of Status process. Your case should be pretty simple.

I hope it is simple. Thank You for responding.

[Confused_1]

What about 8 USC § 1182(a)(2) - Criminal and related grounds - INA § 212(a)(2) as basis for denial?

By pardon he does not mean dismissal or acquittal, but that he served no time. He still has a misdemeanor convicton as a reduced charge. If it weren't for this, he wouldn't need an attorney because he's not dealing with consulate. Whether being under 18 at the time makes a difference, that I don't know.

Could you please tell me what "What about 8 USC § 1182(a)(2) - Criminal and related grounds - INA § 212(a)(2) as basis for denial?" this means. I am sorry, I will check into the criminal division, I hope that works. Thank You very much for trying to help!

[Confused_1]

Normally, immigration attorneys charge around $1,000. If he's charging way above that, I would try one more attorney to see if it's just him or it's this aspect of your case that is responsible for higher fees.

I don't know how to get records from Canada. How about I tell you how to get records in the US, and you can substitute Canadian jurisdictions. If you had an attorney represent you, call him up for records. If he doesn't cooperate, call the criminal records division in the county you were charged in. You'll have to mail them a cashiers check and a prepaid self-addressed envelop before they'll mail you the records. Ask for a certified copy.

Conviction does complicate matter, but once you are inside the US, you have a lot more weight and options than if you are dealing with their consulate abroad.

He said the papers would cost about 1400.00. He said for himself he would need $3000.00. I will definetly check with another attorney.
Thank You for helping.
I am also going to ask the attorney to try to get the records, I don't understand why he has me trying to do that, when I don't know where to begin, what would the $3,000.00 be for?! (venting, sorry)
Thank you for responding.

[PraetorianXI]

$3,000 is wayyy too much for just filing out that paperwork.

But yes, it should cost around $1500 for paperwork + mailing fees + medical examination.

[Confused_1]

$3,000 is wayyy too much for just filing out that paperwork.

But yes, it should cost around $1500 for paperwork + mailing fees + medical examination.

back to attorney searching!! Thank you for responding!

[Amir]

It turns out that there are a couple of exceptions afforded under Criminal and Related Grounds:

1, You were under 18 at the time of crime, AND it's been 5 years since the crime, OR <==== Even if a felony

2. Maximum possible sentence for the offense didn't exceed 1 year, AND the actual time served didn't exceed 6 months. <==== Cannot be a felony

Since you definately qualify under 2 above, hiring an attorney or not is entirely up to you.

Exception or not, petitioner or beneficiary, at consulate, they would have scribbled something on papers and returned this petition. But since you are in the US and dealing directly with the USCIS, they will adjudicate by law. Consulates adjudicate by feelings or "morality", while in the process, violating laws, regulations, advisories, feelings and morality themselves.

[Confused_1]

It turns out that there are a couple of exceptions afforded under Criminal and Related Grounds:

1, You were under 18 at the time of crime, AND it's been 5 years since the crime, OR <==== Even if a felony

2. Maximum possible sentence for the offense didn't exceed 1 year, AND the actual time served didn't exceed 6 months. <==== Cannot be a felony

Since you definately qualify under 2 above, hiring an attorney or not is entirely up to you.

Exception or not, petitioner or beneficiary, at consulate, they would have scribbled something on papers and returned this petition. But since you are in the US and dealing directly with the USCIS, they will adjudicate by law. Consulates adjudicate by feelings or "morality", while in the process, violating laws, regulations, advisories, feelings and morality themselves.

Amir,
I just want to say Thank You SO much for helping out this much! My wife finally smiled again today! Thank You for searching my issue and taking the time to come back and respond again! You are a friend without even knowing you.

Everyone on this site seems so helpful, with quick response. Thank You!

[Confused_1]

We spoke with another attorney today, and he was even more EXPENSIVE! He said total bill would be approx. $5,000.00.

What!!

If we were to file on our own, where do we obtain the forums. What are ALL of the forms we need. We have a private investigator who can get certified copies of my criminal report.

Thanks in advance!

[PraetorianXI]

Start here: https://www.immihelp.com/family-base...ons-in-us.html

[Confused_1]

Start here: https://www.immihelp.com/family-base...ons-in-us.html

Thank you Praetorian!