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About natan111

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  1. 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.
  2. natan111

    Arrest and Dismissal, charge rejected

    Okay, if there was no plea then there was no conviction for immigration purposes. What's the point of expunction if the case was dismissed? You do know that the government can still see it, right? Meanwhile for civil purposes (other than immigration) the case should no longer hurt you bc it'd been dropped before the charges were filed in court. Expunction does make it more difficult to access the documents in case you need them though. I would ask an immigration attorney before proceeding. ///// THIS IS NOT A LEGAL ADVICE. I'm not an attorney, just a random person on internet ////
  3. natan111

    H1-b transfer after dismissed DUI

    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 +++
  4. RFE - probably not. Deportation would follow after you're found deportable. What was your plea? If you pleaded guilty - that's it. It's an extremely serious crime (CIMT) for immigration purposes. If the dismissal was conditioned on your guilty plea that's possibly the end of the road for you. If you did NOT enter a plea, you may be fine. For immigration purposes you may be still found inadmissible/deportable even if the case is dismissed. It's in their discretion. If you've committed DV and can't convince the IO otherwise that's the end of your American dream. Also: As per the new EO anyone with a charge or an arrest on the record may be prevented from obtaining eligibility to work in the US.
  5. natan111

    Arrest and Dismissal, charge rejected

    1. Not necessarily. If you pleaded not guilty and the charge was dismissed by the DA you should be fine. Keep all the documents! Be ready to explain what happened. DV is a CIMT and if the IO believes you're guilty, regardless of the charge dismissal, you won't be able to ever immigrate to the US unless you win an appeal if offered. If the case has elements of DV your I-485 may be rejected. Get a good immigration attorney. DV is an extremely serious crime for immigration purposes. 2. If there's a question about arrests, of course you'll have to answer YES. I'm not sure if there is one though so you might be fine. NOTE: As per the latest EO the Secretary may prevent you from obtaining work authorization if you've been arrested. So there's that.
  6. 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.
  7. 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).
  8. natan111

    H-1B Visa Extension Criminal Case

    Sealing the record was a very bad idea. You should've consulted an immigration attorney before doing that. What's gonna happen is the consulate will ask you for all the documents about the arrest. You may have a hard time obtaining those because you sealed the record. Only US citizens can benefit from sealing of any criminal records. For non-citizens it could be a disaster.
  9. 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 +++
  10. natan111

    H1B stamping with solicitation of prostitution arrest

    No worries. Pre-trial diversion program is not a conviction for USCIS purposes because it does not require that you enter any plea. The "arrest" will be converted into "detention only". You will still need to declare it on any official form and one document that you'll need is the "Certificate of Detention" which basically says that you were not officially arrested and that all charges were dropped by the DA before filing them in court. Do take the course and save a copy of the certificate of completion. That's the other document you'll need. Also make copies of any other document such a the letter from DA. If you don't enter a plea, if your charges are not filed in court, and if the DA decides not to file them after your completion of the course, you are clean and will have no issues other than perhaps having to present the documents I listed above. Update everyone here on the progress of your case and the stamping. -- I'm not an attorney, just a person on the internet. This is not legal advice. --
  11. natan111

    I 485 filing with Class C misdemeanor

    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.
  12. natan111

    Traffic Infractions - H1B Stamping/I140

    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.
  13. 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.
  14. It's not the level of DV but it's nevertheless a crime involving moral turpitude which may have extremely serious immigration consequences. If you pleaded guilty there is not much you can do other than collect all the court documents. You may be able to get the stamping done and the crime is not necessarily gonna make you deportable but may make you inadmissible. You should also ask for a second opinion from another attorney. Generally crimes involving moral turpitude are considered very serious for immigration. Were you informed about the immigration consequences BEFORE pleading guilty? If you weren't there could be a way for a great criminal attorney to get a mistrial or a dismissal, probably depending on your State. It should not impact your I-140. Definitely you'll have to deal with it at POE if you get the visa at all. I'm not a lawyer and the above is just an opinion of a guy on the internet.
  15. 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.