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please!!! help with denied i485

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  • please!!! help with denied i485

    ok so i am from england and i married an american girl and applied for my i485 on may 5th 2009, it was all going well and now i just received a deniel letter!!!! the thing is it says it was denied because i stated i was arrested for turnstyle jumping in NYC, and i never gave them my court disposition with seal for the arrest. But!!! i was never arrested, i was given a ticket and payed it no problem. what do i do now? i am really worried and so is my wife! are we screwed?

  • #2
    ok so i am from england and i married an american girl and applied for my i485 on may 5th 2009, it was all going well and now i just received a deniel letter!!!! the thing is it says it was denied because i stated i was arrested for turnstyle jumping in NYC, and i never gave them my court disposition with seal for the arrest. But!!! i was never arrested, i was given a ticket and payed it no problem. what do i do now? i am really worried and so is my wife! are we screwed?

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    • #3
      Need more info- did you have an interview? Did they ever request the disposition from you either in writing or in the interview?

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      • #4
        A ticket is an arrest. Most infractions are handled by issueing what is in fact a summons to appear. If you paid, then it is a conviction.

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        • #5
          you can appeal to AAO. to reconsider for AOS. you or your Attorney must provide the record of violation and what you was convicted for.
          If its true what you have posted , there is no reason to deny your AOS. two or more mesdeamenor or one Ag. felony/CMIT can be deniy the status in US. Alien has to be convicted for the same. OR 1 year or more MAx sentence of the CMIT even put GC holder into removal proceedings.
          ITs always better to Involve an attorney if alien had criminal record of any sort.
          Its a discussion, not a legal advise..

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          • #6
            Unless there are other things you haven't mentioned, a ticket for what amounts to a misdemeanor (at worst) shouldn't affect the AoS as Mohan says.

            Technically being given a ticket could be called an arrest and a conviction if you admit to it and pay up but that's a very narrow definition of arrest and conviction IMO. I highly doubt the charge could be called a CIMT but that's a whole 'nother issue.

            You might have complicated it by listing it as an arrest when in fact it is a citation. I assume you already had the interview and I'm surprised they didn't bring this incident up then. Seems odd to deny it now. What office was this?
            "What you see in the photograph isn't what you saw at the time. The real skill of photography is organized visual lying."

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            • #7
              BobCat: Yeah, that $2.00 that you tried to save by jumping the turnstyle worked out really well, didn't it?

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              • #8
                Looks like it is time to start applying for the spouse visa for your wife for the UK.....

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