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  1. #1

    Default Misdemeanor Effects on I-485

    Here is my question. Me and my wife have jumped through all the hoops to get her Green Card for the last 2 1/2 years. We are almost done with everything, but found out a possible kink today.

    My wife is a Canadian citizen who has lived here in legal status for the last 15 years or so. She let her green card expire in about 2004 due to being told she was a citizen through her fathers naturalization (told by a border patrol person). In 2007 she found out she was misinformed and got placed into deportation hearings. We have since gotten married and are very happy together and just want to get her greencard back so we can live as a happy family here with our 2 girls.

    Here is the situation. About a week ago we had our I-130 interview and we were approved for that. The guy stated that he couldnt approve the I-485 quite yet as he was waiting on a couple files they sent for at a different facility, and that we should hear in a couple months. Everything went really well.

    Today I found this website where people can look up court cases here in our city. We found out that my wife has 2 class b misdemeanors that neither of us knew anything about. They are for unlicensed dog, and dog at large. In 2005, her tiny dog got out and nipped a kid on the ankle. It didnt cause any damages or anything. The cops came and she was just given a ticket like a speeding ticket and told to pay it. Wasnt informed of any charges or that she needed to come to court or anything, and she was not detained or arrested. She assumed it was just like a ticket, and she paid it, and that was that.

    At our I-130 meeting we stated that she had never been convicted of a crime because we did not know this existed on her record as a crime. Same with on the I-485 application. We had no idea that this incident was a misdemeanor.

    What are the chances that this could cause our I-485 to get denied? We had zero intent to decieve and would have let them know at the interview if we had known. Does anyone know if they would just request more information about this, rather than flatout denying us because of it? We were so happy that this was about to be done, now we are so worried.

    Thanks for any replies

  2. #2

    Default Re: Misdemeanor Effects on I-485

    So do you have arrest warrant out for you?
    What misdemeanor you were charged with A,B , or C and more importantly
    check the max sentence in your state for that offence you were charged with?
    I do not think these offences are CIMT but what is the case status right now.

  3. #3
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    Default Re: Misdemeanor Effects on I-485

    I recommend (a) getting a lawyer to try to set aside those misdemeanors, and (b) informing the USCIS about your mistake ASAP, as although the incidents themselves may not prevent permanent residency, if they deem your wife to have lied that could be a huge impediment. It would be sensible to consult an immigration lawyer.

    Meanwhile, belatedly tell us your state and, if possible, also the statutes involved so we can get a sense of the punishment for a Class B misdemeanor in your jurisdiction.

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