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  • Married but have a problem

    Hi all,
    I am new to this site and it appears to be very helpful. I am hoping someone has encountered the problem that my friend has. He married his American girlfriend last year and filed for status adjustment in March. He just received a note from his lawyer saying that the judge has said his wife has a felony. When they got married she adamantly said that she had no felonies or anything like that. Now she is saying that she thought it had gone off her record. She served 4 years in prison for drug possession and selling. The lawyer has suggested that if she has been clean all this time the judge may allow the case to proceed or he may deny the application and have my friend deported. He said he was surprised that there was no rulling on this which is usually the case. So he is thinking that he can go to the Judge and find out what exactly does he was his client to do. Is this true or is there something that he can do.
    Your input will be appreciated.

    Thanks,

    Kelly

  • #2
    Hi all,
    I am new to this site and it appears to be very helpful. I am hoping someone has encountered the problem that my friend has. He married his American girlfriend last year and filed for status adjustment in March. He just received a note from his lawyer saying that the judge has said his wife has a felony. When they got married she adamantly said that she had no felonies or anything like that. Now she is saying that she thought it had gone off her record. She served 4 years in prison for drug possession and selling. The lawyer has suggested that if she has been clean all this time the judge may allow the case to proceed or he may deny the application and have my friend deported. He said he was surprised that there was no rulling on this which is usually the case. So he is thinking that he can go to the Judge and find out what exactly does he was his client to do. Is this true or is there something that he can do.
    Your input will be appreciated.

    Thanks,

    Kelly

    Comment


    • #3
      What a joke. Any conviction stays on your record, it is not a traffic violation. No one is that stupid to think it would go off the record. And obviously she had a serious conviction to have spent 4 years in jail. I believe she is lying because that is way too much for mere posession; she must have been dealing. The best advice for your immigrant frienc is to ditch the lying dope fiend and find someone else.

      Comment


      • #4
        Hi. Did she deny having a felony to her husband? That of course would be a whole other can of worms.

        Anyway, immigration wise, assuming the felony is still on her record, etc. (which is most likely the case), they will probably need to file the I-601 (especially if your friend is forced to leave the USA) - although because of the drug possession charge, etc it is possible that things are going to be even more difficult for them - depending on the nature of the offense and the laws that are applied to her.

        Anyway, this forum can get not so nice at times - as evidenced by the resident greeter known as Michael... so you might want to consider coming to immigrate2us.net. There are several very helpful people there, and a good group of people that have gone through or are going through the I-601 process (including for felonies). So, in my opinion, it would be worth your while to visit there!!!

        www.immigrate2us.net

        Comment


        • #5
          Thanks a bunch Spouse, I will check out the other site.

          Comment


          • #6
            well, excuse me, but I don't think USC's hiding her felony has anything to do with her foreign husband's immigration issues. None of the applications for AOS and immigrant visa ever asked about previous arrests or convictions of the USC spouse.

            Why would they need to file I-601???? The felony was committed by the USC, not by her husband.

            Comment


            • #7
              Understanding why she lied, but not why she thought it went off your record, why is this in front of a judge anyway? It seems strange to me that they filed for an AOS and then this is in front of a judge. Can you give more background as to why they went in front of a judge? Was he in removal proceedings, etc?

              Comment


              • #8
                Kelly: Get a new lawyer. The USC can be a serial killer and in prison for life. If the marriage was consumated, and if the alien has no convictions, he can immigrate. The immigration laws do not choose which ***AMERICANS*** get to stay. It sets the rules on the immigrants. We get to stay because of the 14th Amendment, which says that ALL persons born in this country are protected by our Constitution. That includes the decent ones, and the indecent ones, too. (I can think of some native born Americans I would like to deport to Mars, but Michael isn't in this conversation, so far.)
                The USC dope smoker/drug dealer wife is a suitable petitioner, and maybe a really nice person. No I-601 needed. And, they don't take her fingerprints, only the immigrant husband's. They don't check her criminal history, so no one needs to worry about that one at all.
                Now, if she has warrants out for her arrest for new crimes, and they think he is involved.... well, he needs his head examined for marrying her and joining in her nefarious activities. But, if this is, as is common, a "youthful indiscretion" (think of our last two presidents), who cares?

                Comment


                • #9
                  Thank you. I don't understand why his AOS was denied becaused the USC has a felony. But since it was denied can a new lawyer do anything about that?
                  He is afraid that he may be put in removal proceedings. This is mind bogling to me.

                  Comment

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