Hi
I have been in the us studying for several years first on an F1 and then on a J1 visa. I recently married a us citizen and I am planning to change my status to permanent residency. I am applying to a waiver of the 2-year home residency requirment based on no objection from home country and I already did send my application. I was classified there because of the exchange visitors skill list but I never recived funding from the Us or from my home goverment. Years before in 1996 I entered the US on a b1 visita to attend a conference in sn francisco. I had a terrible experience there because I was charged with soliciting for prostitution in a situation that was more or less confusing, anyways. The police gave me a ticket or an order to appear in court one month later, I tried to resolve the situation right there, they never arrested me or put me in jail, so the enxt day I went to the court house I talk to the family protection people and they suggested to me to accept the charges, pay a fine and come back for a class. I did accept the charges paid the fine but I was not able to come to the class. Months later they sent me a letter to go to the class but again I could not it was to expensive to travel, one year later in 1997 I was here studying on an F1 visa. Now I want to obtain my waiver and change my status. Could you give me some help on this, how is this misdeamenor will affect me, They took my finger prints and my picture.
Need help a lot I have been suffering for this during years
Sincerely
a friend

Dear Friend:

A conviction for soliciting prostitution would render you inadmissible to the US, and you would be ineligible for residence unless you obtain an immigrant visa waiver.

You could still obtain a J-1 waiver, but you would need the above waiver before you could obtain your permanent residence.

Even though it may cost some money, we would strongly suggest that you hire a criminal law attorney in San Francisco to fight the charges and get the case dismissed. Otherwise, you will have to speak with an immigration law attorney to see if you might qualify for a waiver and permanent residence. Good luck.

Thank you very much for your information. I understand I have to look to obtain the above mentioned waiver. I would like to comment to you a little bit more about the case so I can get a more global picture of the situation. When I got the ticket i never was arrested or put in jai and they put a seal on my ticket indicating discharged this could be asomething different than dismissed however do you consider that it is an step forward and What would be the general procedure in an overall way to obtain this waiver. I will definitively look for an attorny , should look for two different attorneys one here in texas to ask for my residency one in sn francisco for the charges? What is the estimated time to obtain that waiver
Sincerely
Friend with jope, please help me with this

Dear Friend:

The first thing you need to do is to find out the status of your case in San Francisco. You need to see if you were convicted, if the case was dismissed, or if it is still pending. A criminal law attorney in California can tell you the meaning of the word discharged on the charging document.

The time that it takes to obtain a waiver depends on many factors: 1. The basis on which you will apply for the waiver; 2. The manner in which you are applying for permanent residence; 3. The INS office where you will be applying.

At this point, you should concern yourself with resolving your criminal matter. Then we can discuss how long the immigration case will take. Good luck.

Thank you very much for your advise I am getting right now to try to solve that issue. God will help me I have a lot of faith. I will keep you posted I am sure you can illuminate many of these issues, I really need to obtain the criminal waiver since I already apply for the J1 waiver and since I am married the most likely way I can qualify for residency petition is based on family grounds, my wife is a Us citizen, on the other hand I am a Ph student and I can not look again for an student visa. Thanks for your help and advice I will keep you posted
God Bless you
Fred

Hi I just discovered that I have an order for my arrest pending in san francisco. I am in the processes of hiring a lawyer to call my case to the bench, the lawyer i talked to say the possibility of me getting into more trouble for this is remote I would only need to go to a class and the charges will probably be dissmissed. I will travel to san francisco to fix this thing in the course of the next five or six months, my wife is very depressed and sad thinking about the possibility that I will be denied for my residency. Once I solve this do you think I will have a chance to get my residency w/o problems. On the other hand I just read some news saying that the INS is deporting residents for crimes or faults commited at least 25 years ago, my fault was a misdemeanor. I got everything in order to get my J1 waiver, I just need to send my letter of no objection that i have guarateed. If I send that leter of no objection and I get the waiver I will be obligated to aks for the residency status change, If I am denied because of my criminal record I will be deported. i still could try to go for a post doc in europe and have my PhD and my professional life with my wife. Do you think that even although the possibility of solving my criminal case is big and I will most like get the case dissmissed or at least permanently discharged do you still think I will be removed because of that misdemeanor
A desperated Friend

a friend of mine was arrested and charged for taking some money from a bank she worked in 12yrs ago in his country. the case went to court and the judge handed down a decision of abolish and discharge. the person has been in the united states for 9 yrs and has had 3 children here. she is now about to enter into ins proceedings soon and is concerned about the charge. how does it affect her getting a green card.

Dear Friend:

Your case seems to get a little more complicated at each turn. While it certainly appears that you can resolve your case in such a way as to allow you to obtain permanent residence in the US, we simply are not in a position to give you a definite answer because we do not have all of the documentary evidence that we need.

Before your criminal law attorney convinces you to plead to anything, it is vital that you first speak with an immigration law attorney and give him or her a copy of all of the pertinent criminal documents. You should have your two attorneys communicate with each other to make sure that any plea you take in your criminal case will not affect your immigration case. If your two attorneys work together, you should be able to resolve both problems. Good luck.

Dear Anonymous:

It appears from your description of the crime that it was dismissed. However, in order to give you a definite answer, the attorney assisting you will have to see a certified copy of the arrest report, the court disposition, and a copy of the criminal statute under which you were charged. Good luck.

Hello
Where can i find in in INA or CFR the charge for applicant of Adjustment who arrest for soliciting prostitution.
Thanks

Dear Anonymous:

The principal section of law that applies to prostitution is found at Section 212(a)(2)(D) of the Immigration and Nationality Act. Good luck.

hi,
i came back from US last Sep ans was on J1.How difficult and lengthy would be the procedure of procuring the J1 waiver. I have an option of intra company transfer(L1) and want to get my L1 as soon as possible.

I have an interview date coming soon for DV-2003 lotery. Please provide with FAQ during the interview. I am an F1 student in good standing but I was charged with assault 2 years ago. I pleaded not guilty and the case was put in stet - docket after providing evidence to be thrown away in next year. I was never convicted though. Will this come-up in my interview? Also they need proof that I was in lawful INS status at the time of my application to adjust status. What do they need?I-20, I-94? Please help

Hi,
I am a real estate analyst analyzing properties of North America and was on J1 visa for trng. I came back in Sep 2002 to my country. I have now the option of going back to US on an intra comnpany transfer(L1) but i am not sure whether i really need a waiver for my J1 as it was not funded by any govt or intl organization.Please advise.....thanks

I am in US on J1 and it would expire in another 6 months. Can i apply for the waiver now and get it processed and adjust the status to H1 once i get the waiver given that i would get the waiver before the expiration of current J1 or do i have to come back to my home country to initiate the waiver process.

I'm right now in really bad shape. I'm in USA on F1 visa and during my study, I's helping one of my friend at beer shop. By mistake, I sold beer to a minor who was sent by the cop. I'm right now charged with misdemeanor. I'm going to get a court date which will be after 2 months. I've also hired an attorney for this matter. As of now, I can see the best possible way to get out of this mess is to ask for deferred adjudication. It mean I won't be convicted but I'll be on probation for 6 months and after successful completion of probation, my charges will be dismissed. I've done MS in Software Engineering and just completed my study. I've also got a job. So I've time of 1 year for OPT. During this
time, I'll have to file for an H1. But if court verdicts put me on probation for 6 months
then I'll have to file for H1 during my probation period. I don't have any priors, not even
a single traffic citation. So plz advice me to apply for H1. I might be the most misfortunate guy on F1 who has an H1 job but... I'm waiting for answer. thanks

I am a F1 visa student. I have been arrested for domestick violence. I am waiting for my court day. I didn't go to jail or anything. I have a lawer as well. Is this misdmeanor going to affect my status? I did some research and I found out that one misdmeanor doesn't affect F1 status. I that true? I beg you for help.
Thank you very much.
Nova

I'm from Peru. I came to US on 2000 with a J1 visa as Au pair. I began the program but I did not finish the whole year program and I'm still here in USA due to fear to come back to my country because my life is in danger. I would like to have any advise on how can I adjust my legal status without leaving USA.
Thank you.

I came here on a J1 visa to complete work experience with a particular company. Recently that company released me, due to their inability to pay me. On informing my Sponsor, they have told me that I have to find a new host company within 30 days. The problem lays with the fact that 1. My wife is currently 37 weeks pregnant and I need to work now to support us. 2. I am currently applying for permanent residence. How will these situations affect one another, and what advice can you give me? In addition to this I would appreciate it if you would reply to me via email, Thank you for your time!

I charged in Domestic violence case that involves me and my wife. I have court hearing comming weak. Since iam on L1 VISA, how would accepting Plea Bargain will result into. Will it lead to deportaion.If yes then if i have Valid VISA for one year how much time would it take the INS to deport me.

Also how much time does the court case takes if I have waived of fast trial.Basically the Readiness hearing is after 18 days of the arraingement. So how much time would it take the case to get finish if it goes to trial.

Thanks in advance

I am married to a us citizen since 2000 and I had applied for adjustment status that year.
We also had interview on January 2003. 90 days after the interview my husband went to prison for selling drugs (conspiracy) they gave him 14 years prison. I am 31 and he is 32, I do not fell like starting any other life again. If that is I have to go though.
His I-130 for me was denied March 2004 after a year of our interview. He could not appeal since he is in person and we do not have any money for lowyer.
I really love my husband and want to support him emotionally; I do not consider him really dangerous.
While my case was pending I was also taking classes at the university and I am fully admitted for graduate school.
What kind of option do I have to continue my education can I get I-20 visa now?
Do I have to divorce my husband forcefully just because he is in prison?
What should I do now?
Please help me before I die crying?
Thanks.
Sad and sour
A.

My wife and I both hold J visas, we recently applied for change of status and while this was occurring I was released from my company because they couldn't pay me. My sponsor has decided to cancel our visas and asked us to return to our country, but we have already applied for permanent residency. What do we do?

Simple Question: Could a J1 visa Holder apply for a waiver of the 2-year Home Residence Requierement while being in Optional Professional Training period? What would happen if the waiver is refused? Could the person stay until completetion of the OPT?

Hi, I am a businessman. Can a person enter the US on a tourist visa B1/B2 then change his/her status to L1 and do business there ? Can he/she work and study there as well on L1 status ? How long can he/she stay there on L1 visa ? Can the spouse of L1 work and study in the US ? When can a person apply for green card on L1 status and how long does it take ? Thanks

Hi! Yesterday was my interview for adjustment of status to permanent residency. The interview went well, my husband and I answered all the questions and the officer seemed satisfied. He brought up the question if I was arrested or convicted for any crime and with the advise of my lawyer I was honest and open about two arrest but both dismissed and I handed the officer the court disposition too. The officer was almost set to give me the approval but he later on decided that because of the record of arrest he won't be able to decide on the application but rather he would refer it to his supervisor for decision. He said all that is left is to wait for 90 days throught mail for whatever decision there will be about my application. My question is will this record of arrest cause me a denial for my adjustment application? Both arrest were for misdemeanors and like I said were dismissed. If they deny me for the adjustment, what should be my nest step?

hi, I have a working permitt through adjustment of status. I have a misdemeanor for misrepresentation of aid and I have 3 years probation. I have no other criminal record and I'm paying all the money that I owe back 1,966 dollars. I've been here since 1980 and have a 5 year old, my husband has a good job. My interview is coming up, can I be denied permenate recidence for good or will they wait until I finish my probation. help please

I was arrested in case of domestic violence on 20th Aug 2002.Because I had a quarrel with my husband and threatened him with a small kitchen knife.I called the police, which arrested me.

As desired by my Lawyer, I accepted the Charge.
The charge was "PL 102.15" Menancing 3rd.
The order issued by the Judge on 31st Oct 2002 reads as under"
"Temporay order of Protection valid until 31st Oct 2003 and adjournment in contemplation of dismissal."
I was also advised to refrain from assault,stalking,harassment,menancing,reckless endagerment,diorderly conduct, intimidation, threats ,or any criminal offense against ....
(My husband).
The case was in an Albany Court, NY.

At the time of inerview for Green Card
Immigration officer : Asked me to submit a certified court Disposition.

Certificate of Disposition issued by the Court on August 31, 2004 reads as under:-
Disposition date:-10/31/2002.
Section charged: PL 120.15
Section Disposed:PL 120.15
Ticket No. & Description:(.........)- Menancing 3rd.
Disposition:Dism'd CPL 170.55 ACD.
Fine:0.00
Civil fee: 0.00
Surching: 0.00

I am worried about issuance of Green Card to me.Please advise me next step, I should take at this juncture.

If my H1 is under processing and INS has approved it, can I travel on B1 to USA.

Hi
Iam having O a2 visa. I wanna change it into F1 status? What is the solution, pls let me know.
bye

dear sir/ madam

i'm married to a us citizen and going through getting my permanet residency,

iwas arrested for speeding, false information and driving without license, the judge put me on probation which is still pending, i have to go for interview this month , can this arrest affect my change of status?

Very worriedguy

Hi , I am 26 years old , when I was 20 I got convicetd of possesion of a class A drug with intetnt to supply, the intent to supply was because I had more than just personal use, it was for me and my friends. I had to plead guilty to that as it was true therefore I got the 'intent to supply' charge too. The Class a substance was cocaine it was 9 grams only.

I didnt do any jail time I did community service 320 hours. It was my 1st offence.

very soon after I was arrested I moved 750 miles away from scotland to the other end of the Uk. I got a job and got into college , I have been studying ever since and only just finished my BA hounours degree in sept 2004.

What I am asking is , is there any way of me moving to the states? I know drugs conviocted people are a no go but i wondered if in ligh tof my circumstances a good lawyer might be able to get me in?

many thanks...

Hello. I got married to an American woman this year and she started a petition to get my status changed to permanent resident. I have already received my temporary work permit and it is valid until next year. However, we have been having problems and she is now asking for a divorce. I am just wondering: If we get a divorce, will my work permit still be valid until next year like it says on the card? What will happen to my pending application to adjust my status to permanent resident? What other options do I have to work out my status here in the U.S.? My wife and I are still friends, and we are trying to work things out. She also doesn't want me to have to go home to my native Brazil. We just cannot stay married to each other at this time. I hope you can help.

Hi, I have been a US citizen for over 10 years and had PR over 5 years earlier. Recently I started a new job. Last week the HR informed me that their background check revealed that I was finger printed in 1977 and hinted that I was arrested. The truth of the matter was that entered the US with J1 visa and overstayed my visa. A few years later I sought attorney's advice. He suggested that I surrender to INS and he can take it from there. With him accompanied me to INS I was fingered printed and released without bail. Now my new employer wanted me to show them the prove that I was not arrested and certificate of disposition. How can I obtain one. The INS office I surrendered was in Philadelphia. I became a US permenant residence and US citizen in NJ. Your advise is greatly appreciated.

Just wanted to study this law passed:


Aliens Present Without Admission or Parole [Effective April 1,
1997.]

Under the new INA §212(a)(6)(A)(i), an alien present in the United
States without being admitted or paroled, or who arrives in the
United States at any time or place other than as designated by the
Attorney General, is inadmissible. An exception exists for certain
battered women and children under under the new INA §212(a)(6)(A)
(ii).

Since this was effective starting April 1997, does the law apply to
a person that had an immigrant petition pending prior to this date?
My husband had an immigrant visa petition pending through his
father. The application's date is October 1992. But since We got
married last year, we decided to apply for another immigrant visa
because I thought it would be faster since I am a US Citizen and my
father-in-law is only a permanent resident. This is why my husband
never left the country because he had a petition pending. Would this
make any difference then on our case? Or is he still disqualified for being in the country Illegally?

Thank you very much!!

Mr. Worried--

If you are getting you permanent residency card, why did you not apply for a EAD so you could get a driver license? Or why did you give false information? Getting a ticket for speeding is not such a big deal, but giving false information could be....who knows.