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Criminal Record while Pending I-485

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  • sugatr
    started a topic Criminal Record while Pending I-485

    Criminal Record while Pending I-485

    so yes, i was arrested two years ago for lewd conduct, my lawyer entered a plea for trespassing, and now suffering while awaiting for my GC.

    I am anticipating a DENIAL since they rarely deny a case unless you have a criminal record and two other reasons which i forgot.

    They receiced my 485 last sept 5. I am sure a lot of you are on the same date.

    so my questions is ...

    Do i need to prepare anything while anticipating my denial?

    Is anybody here has a similar case that was APPROVED?

    Has anybody received anything with the same date as mine?

    Do you guys know any good if not the best attorney to handle my case?

    ANy advice that would help my situation I would appreciate it.

    Thanks a lot ....

  • explora
    replied
    Many moons ago Hudson gave a reply about immigrants coming to the U.S.A. and the amount of crimes committed, etc. just as American citizens committ. I wish I remembered more of his reply but it spoke of how they fall into the same daily routines of life as Americans and things happen. People are people no matter what and there's going to be all sorts of things that happen whether it's right or wrong, legal or illegal, mistakes are made and yes, we should try to avoid them but it happens, that's life. It would be the same if Americans were shipped to another country, the same things would happen there sooner or later regardless of their status.

    The OP asks a question. He doesn't need to beat up by anybody. A question is a question and his didn't shock me one bit nor did I feel I needed to throw my opinion at him. All he needed was an answer to a direct question which deserved a direct answer. We are not a panel of judges here to voice our personal opinion to him.

    This is the very reason that many people don't come onto this board. At least this person had the nerve to do so. I'm totally against all this personal opinion about why somebody did something. I'm quite sure they've already had to deal with it and still are since he used the word 'suffering'. If he walked into an attorney's office or was in front of a judge, they are going to look at the facts, not throw a bunch of comments out. If you can't directly answer the question then just stay quiet. Questions need to be answered regardless of their nature. This really infuriates me.

    Leave a comment:


  • Guest's Avatar
    Guest replied
    that's the problem, you weenie-wagging moron....you were in 'good hands'...
    come on, let's hear the real story....you were really standing in front of an all-girls elementary school, right? And the CIMT...Crime Involving Microscopic Tallywacker

    Leave a comment:


  • sugatr
    replied
    thanks a lot for the help. i have never seen anything where there's a list of CIMT. i thought that everything depends on uscis' officer discretion.

    i have been trying to look everywhere, for cases similar as mine but cant find any.

    hope i am in good hands. by any chance do you know of any really really good lawyer around california?

    Leave a comment:


  • 4now
    replied
    ok

    Sounds like you are in good hands

    Good luck. please come back and let us know when you get your green card approved.

    Take care 4now

    Leave a comment:


  • sugatr
    replied
    that happened in 2005. it was expunged a year after. yes, i have learned my lesson. that's why i just took all the things that were said on this post. i have nothing against them.

    the first attorney was a criminal one the second is an immigration one.

    a company is petitioning for me.

    thanks for everything.

    Leave a comment:


  • 4now
    replied
    Hello sugatr


    I see.

    you were set up by a sting, and solictied by an undercover. Hence the pleading down to trespass.

    this is not a CIMT and should not cause you problem provided that you have not been in trouble before.

    Even if your lawyer makes it go away, it will still be there for uscis to ask about it and you will have to acknowledge it no matter what the disposition is. The best thing you have going for you is that it was reduced to trespass and that allows you to deny the alledged allegations in the original arrest.

    Most important here is to seek IMMIGRATION attorney, not criminal one so much to counsel you and ease your mind about impact on your pending greencard.

    It sounds like you have learned from mistakes, and I hope this was all it was .

    Who is petitioning for you?

    Leave a comment:


  • sugatr
    replied
    hello. thanks for the response, whether it pertains to my question or not.

    to answer most, sometimes we do stupid things and we cannot take it back.

    it happened in an adult arcade. where there is security and no minor or even below 21 is allowed. it was a close booth, there was a person who stood in front of my door and ask me to flash. i did. since he was standing in the door no one can see it but him. it turned out this person is a cop. my lawyer argued that someone has to be offended for it to be lewd, it was agreed upon that it would be brought down to trespassing instead. my lawyer said he can make it go away. but its $3000 per day. something i don't have. so i settle for the the next best thing.

    i have a lawyer for my immigration papers but they would always say "all hope is not lost" or something generic that you couldn't really get any concrete answers.

    that's why i posted my question ....

    thanks for the ones that answer my questions.

    for 4NOW:
    Was the Lewd charge lowered to criminal trespass? If so, was it considered low level misdeameanor?

    - it was lowered and i am not sure if it was low level.


    Why are you expecting a denial?

    - because of the criminal record and the record of the arrest.

    Leave a comment:


  • Michaelthegreat
    replied
    I love engaging in public lewd conduct

    Leave a comment:


  • Guest's Avatar
    Guest replied
    great...another weenie-wagger begging for loopholes (or perhaps, gloryholes??)...just how long did you overstay your visa, sugatr, the visa scumbag? Why should any of us, hard-working American citizens, give a rat's a$$ about your 'suffering' waiting for an undeserved GC??? Did you wack off in front of some schoolgirls? Flash your 'privates' at some unsuspecting nun? Why do we need or want you in MY country? Laws are made to be followship, lowlife, not disobeyed...and when caught, you whine about your 'suffering'....well, here's a newsflash, dirtbag.....no one cares....the only person who might is your ethically-challenged lawyer...and he or she is only interested in the money....so all of us who are regular posters (and Americans) deeply pray for your denial....it will be one of the most pleasurable moments we can imagine.....hey...check your zipper!

    Leave a comment:


  • OldE
    replied
    Did you expose your private parts in public school or what?
    Don't mean to ask personal questions, be judgemental and et al, but this is something beyond my comprehension when immigrants come here and engage in CRIMINAL LEWD ACT.
    And if that's what USCIS denies I-485's for , then more power to them!

    Under US Constitution you can marry and maintain 100 adult consenting mistressess simultaneously with whom you can have s-e-x anytime you wish, no one can touch you for that from legal standpoint - as long as you are financlially and emotionally capable of doing so.

    But WHY engage in CRIMINAL LEWD ACT ?

    Leave a comment:


  • Rough Neighbor
    replied
    The other material fact perhaps is whether it's divulged or not when the I-485 was filed. It wasn't clear either way based on the original post. If the answer was 'no' on Part 3. 1. b. question, yes, a denial is almost certain.

    Leave a comment:


  • Houston
    replied
    Okay, first things first.

    The plea is controlling. If the arrest was for lewd conduct but the offender entered a plea and was convicted of trespassing, it's trespassing that will be determined to be the criminal offense.

    Trespassing is not a CIMT, and shouldn't cause problems.

    However, the fact that the conviction will probably have little impact over the application by no means reduces the significance of the act.

    If in doubt, the OP should consult with a lawyer and more importantly, rectify his or her conduct to make sure this remains an isolated incident instead of a pattern of criminal behavior.

    -THIS IS NOT LEGAL ADVICE-

    Leave a comment:


  • Rough Neighbor
    replied
    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by SunDevilUSA:

    ...

    Maybe, we'll see a little more consistency from ProudMex in future. </div></BLOCKQUOTE>

    Hah! tries to split some hair and, by that, he thinks it makes him a scientist.

    Leave a comment:


  • ProudUSC
    replied
    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by SunDevilUSA:
    Well, isn't this ironic? I have no sympathy for Sugatr's predicament...and agree that he should be denied permanent residency in America. However, I do find the position taken by ProudMex to be a little...well, ironic.

    ProudMex will forgive almost anything when it concerns the conduct of illegals in America...and advocate for their being given legal status.

    Entering the country illegally: ProudMex thinks that this is no big deal.

    Working without authorization, using either fake or stolen identities: ProudMex will happily forgive this, also.

    Driving without a license or insurance...well, ProudMex thinks that this is just one of those things.

    I could go on, but you get the idea!

    I guess that Sugatr was just really unlucky to...finally...have crossed one of ProudMex's red lines.

    Maybe, we'll see a little more consistency from ProudMex in future. </div></BLOCKQUOTE>

    SunDevil,

    You shouldn't make assumptions about people - especially ones you don't know.

    I do have sympathy for people who come here to make a better life for themselves, as long as they are willing to follow our laws. I've always been consistent on that matter. The USA doesn't need more criminals - period. Please find a post of mine where I have condoned the criminal behavior of illegal aliens (or anyone else for that matter)?

    When I read posts such as the one written by the OP, I normally choose to ignore them rather than say something negative. Unlike you, I don't need to sign on to this forum and prey on the misfortunes of other people to feel better about myself. However, when I saw the word 'lewd', I couldn't help but respond the way I did in this thread. I have zero tolerance for people who break the law - whether they are citizens or not!

    Leave a comment:



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