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  • AOS/criminal charges

    I have a friend who came in march '01 in F1 status. He got convicted of one count of false ID charge (18 USC 1028(a)(1)) by way of a guilty plea in a federal court (S.D.N.Y.) and is presently close to concluding the first of a 3yr probation sentence.
    Anytime this month he will be getting married to a US citizen by birth whom he really loves and plan to start a family with soon, they have just moved to DC and will be filing a greencard petition soon.And being a very ambitious person, he is looking to return to school. But he's been refused admission since he's out of status even if he's in AOS. Would like to receive adequate advise, referals and/or assistance, personal or otherwise in his case as soon as possible prior to such documentations.
    J

  • #2
    I have a friend who came in march '01 in F1 status. He got convicted of one count of false ID charge (18 USC 1028(a)(1)) by way of a guilty plea in a federal court (S.D.N.Y.) and is presently close to concluding the first of a 3yr probation sentence.
    Anytime this month he will be getting married to a US citizen by birth whom he really loves and plan to start a family with soon, they have just moved to DC and will be filing a greencard petition soon.And being a very ambitious person, he is looking to return to school. But he's been refused admission since he's out of status even if he's in AOS. Would like to receive adequate advise, referals and/or assistance, personal or otherwise in his case as soon as possible prior to such documentations.
    J

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    • #3
      If your friend has not married the USC and applied to adjust status (I-485, I-130, etc) then he has no status. Your statement that he was refused admission by the school "since he's out of status even if he's in AOS" is incorrect. Once the paperwork is filed, he will be a pending AOS. If he hasn't even got married yet, he can hardly be "in AOS".

      I'll leave comments on the criminal conviction to others.

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      • #4
        I am not a lawyer, and neither am I fully familiar with all of the legal aspects of immigration law. Your friend's conviction appears to be quite serious, as he was convicted in Federal Court. It is my understanding that a FELONY conviction is an automatic bar to receiving an immigrant visa, whether at an overseas Consulate or by Adjustment of Status. Was your friend convicted of a FELONY? Even if not convicted of a felony, your friend may also be ineligible to adjust status if USCIS considers the conviction to be a Crime Involving Moral Turpitude. Maybe others can advise further.

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        • #5
          he will not be adjusted. Crime involving moral turpitude, starts the removal proceedings against GC holder and Even GC holder gets his deportation and you are talking about AOS..
          if you want to fight a lost battle then hire an attorney and let him file waiver waste some money and finally after couple of years get deported...your choice.
          Above answer is based on your present situation. who knows that after marriage you might have extermely unusual hardship which can make you qualify for 601 waiver leads to AOS.. but right now.... No chance.
          Its a discussion, not a legal advise..

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          • #6
            Criminal - get the **** out of my country!!!

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