natan111

Where in INA is that? Also, this is not about *removal* but rather about eligibility to work being denied. Your interpretation is very interesting though. It makes a lot of sense that they would target failed asylum seekers! Hmm, good point.

If you didn't enter a plea you'll probably be okay. Keep all the documents. Be prepared to explain. DUI is a serious crime but it's not a CIMT. So if you didn't plea guilty and if you're not found guilty by the IO, you'll be fine. Obviously, don't travel abroad. NOTE: As per the latest EO any alien arrested for anything, at any time, regardless of the outcome, may be prevented from obtaining work authorization which may include H1B extensions. +++ Not a legal advice +++

1. It's a crime. Different states classify infringements like parking tickets differently. But a misdemeanor is definitely a crime. 2. Hire a criminal attorney and state that you're an alien. Not guilty plea would be ideal IMO but the lawyer will know better. You should totally appear at the court (unless your attorney disagrees)! If for nothing else, you'll be able to ensure you get all the documents from the case. Paying the fine online or whatever is an automatic guilty plea. 3 (a). If you plea guilty you are guilty. For immigration purposes you may be guilty even if you don't enter a plea. So yes, it will definitely have an impact on all of your immigration processes. But most likely it'll be a *small* impact, limited to having to collect all the documents from the court. 3 (b). It can be a CIMT. If the IO is convinced that your crime originated from DV it will be the end of your American dream. That's why you should hire a criminal attorney and make very sure that no DV elements exist in the narrative of the case. If they do, get the best immigration and criminal lawyer in town because CIMT = death of your American dream. Any element of DV can be considered CIMT. 4. Do not get your records sealed ("removed") ! This is gonna cost you more than you think. You NEED all the documents and the record to be as visible as possible. If you seal your records, you won't easily get them when you need them and your immigration case may be ruined. The government has full visibility of all the records already, whether you "remove" them or not. The arrest record is the most important document that you will need until you become a citizen. It is absolutely precious. You may need the original for visa stamping but probably not for other travel. I would carry a copy when traveling and also make sure that someone can mail the original if needed. Also: As per the last EO any alien applying for eligibility to work in the US may get disqualified if they have an arrest on the record (regardless of the plea, conviction, etc) or a charge. It's not clear if the "charge" means the police or the DA's charge. In any case, if the Secretary follows the EO you may lose all your immigration benefits.

You are not petitioning her. Your employer is and she's a derivative. You can say at the interview whatever you want (other than lying) but as long as you're married, her GC will be granted together with yours. Not much you can do about it (or should, IMO).

It has to be "consistent with applicable law" which means it cannot contradict INA or other applicable laws. The subsection is almost meaningless as the other listed categories of aliens cannot obtain work authorization anyway. This EO is trying to create its own immigration laws. The laws on the book already limit "certain aliens" from obtaining eligibility to work in the US. The Secretary may add some more categories to the list, e.g. H1B holders with an arrest record. Also it's not clear what happens to those with an arrest record (it could be a false arrest, no charges filed, dismissed cases, anything really) who need to extend their status (H1B) or even those extending green cards. This EO is designed to maximally discourage immigration to the US but its effect, beyond issuing of new NIVs is unclear. +++ Not a legal advice +++

Sorry but that doesn't sound great at all. If you pleaded "no contest" that's a conviction for immigration purposes. Any drug related crime is considered extremely seriously by USCIS and the fact that you pleaded "no contest" makes it worse. Yet even worse than that is that you answered NO to the I-485 question pertaining to exactly this type of a crime. This may be considered material misrepresentation and may consequently result in life bar from the US. Of course, I may be wrong and everything could turn out fine. If the court dismisses the case AND you convince USCIS that your pleading no contest was not serious AND if you convince them that you didn't lie on the I-485, then there's a chance. You should definitely hire another attorney from the looks of it. I'm not a lawyer and the above is just an opinion from a guy on the internet.

These are not infractions. They are crimes. Even dismissed cases can be considered convictions by USCIS, depending on the circumstances. If alcohol was involved in the misd. case you'll need to go through the medical examination before the stamping. Other than that you should be fine with the stamping and the I-140 should not be affected. Good luck.

From the looks of it there's not much she can do. Not sure what the statute of limitations is for that in her state but she's probably gonna have a hard time making the case. Make sure you stay at safe distance from her and, for the love of god, don't repeat the same mistake with H4 again.

If you stay outside the US for less than a year you should be fine coming back. Be prepared to answer some questions though. Make sure you have evidence demonstrating your residence in the US (job, car insurance, rent receipts, etc). Also make sure you file your US taxes on time! Living abroad in conjunction with not filing US taxes could become a more serious problem. You may have problems establishing continuous residence for naturalization purposes.

Yes, you can port your PD but your EB3 will have to be separately approved - obviously. If you're serving in an undeserved area and your NIW is based on that, then it may not be so simple.

Why did you file in Aug, 2019? That's likely putting your conviction within the GMC period (3 years if based on marriage). Had you waited for just another month this would probably have not become an issue. With these cases you should make sure that any convictions or arrests fall at least a month or two outside the GMC period. If you were indeed convicted during the 3-year period your application may get denied. Worst case, start a new application which should get approved if the above was the only issue.

Normally such a long absence from the US would result in losing your LPR status. CBP doesn't necessarily refuse the entry to those who no longer qualify for LPR but USCIS can revoke the LPR status at a later point (based on the past failure to maintain the status), which could put you in deportation proceedings. It is surprising that your B2 visa was approved given that you had already shown immigrant intent. A more appropriate visa would have been the Returning Immigrant visa - SB-1. With that visa your LPR status would have been reinstated. From your description it sounds like your GC might have been renewed in error. If your B2 I-94 is still valid, you could perhaps leave the US and apply for the SB-1. (In this case you could argue that no violation has occurred.) This is assuming that you clearly indicated that you had had the LPR status when you applied for the B2 visa. If you failed to mention these facts, your B2 application could be considered visa fraud (since you clearly intended to remain in the US with your GC renewal), in which case you may be banned for life. Let's hope that's not the case. Best contact a highly proficient attorney. This sounds like a very serious case. I'm not a lawyer and the above is not advice but my personal opinion and speculation.

You should report it. It should have no adverse consequences unless it was alcohol-related (e.g. if the original charge was DUI).

This sounds serious so let me make sure that you understand that I'm a random person on the internet and not an attorney. It depends on the facts of the offence. For immigration purposes it is the actual criminal act that matters. Certainly, a conviction of a felony is pretty much the end of your US immigration path, so a very minor misdemeanor like "disturbing the peace" sounds like a very good deal to me - on a SURFACE. But, again, what really matters is the actual facts behind the charges. So what actually happened? Without describing the offence, it is very hard to tell what the immigration consequences might be. Insurance fraud is, as you acknowledge, an extremely serious charge. (I'm not a lawyer.)

You'll be fine as you have done everything correctly. Don't worry.