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this is a question for a immigration attorny. i m ...

Sent to Immigration Law Experts April 11 10:27 AM

this is a question for a immigration attorny. i m in the usa 15 years and i m in the prosses of renewing my green card. so i re-applied for it, but i did have an arrest in 2001. the charge was - masturbation for hire-. The ins asked for court records. so i went to the court house this week to pick up the court records. at the time all i plead - nolo contendere- to this charge, so alll the court ordert was i had to take an HIV test. now i picked up this papers from court and it reads that i had to spend 30 days in jail, 300.00 $ fine and 25 hours of community service. the ins wants documantaion for everything, but i did not have to do any of this jail time, fine and community service. so what do i do. send in the paper as is, get an attorney, call the ins, or attach a paper that explains the situation?

 

Optional Information:
atlanta, Georgia

Customer (name blocked for privacy)
Status:  Closed   Value: $30
Answer
April 11 12:43 PM (2 hours and 15 minutes and 48 seconds later)
         
ACCEPTEDCheck Mark

USCIS unfortunately will not accept a simple explanation. If the documentation is incomplete (i.e. there is no proof of your having completed sentencing), then they will deny the application. This is true even if you were never sentenced, because they have no evidence to the contrary.

You need to retain a criminal defense attorney to straighten out the issue with the criminal court. If that can be done quickly, then you can likely get the response to USCIS in time. If not, you might try explaining that there was an error in the criminal records that is being rectified (or have your lawyer prepare a letter) and that you will send on the corrected information once it is obtained. They may allow you additional time then to supplement the record, instead of outright denying your I-90 application.

Good luck!

 

 



William J. Banks, Esq.
Attorney at Law


*** Advice offered is for information purposes only. No attorney-client relationship is created nor inferred through the use of this service. ***
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wjbanks -- Immigration Lawyer -- 100% Positive Feedback on 288 Immigration Law Accepts
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Reply
April 11 12:53 PM (9 minutes and 55 seconds later)
         
should i go back to court myself to have this corrected or do i have to hire a lawyer?
Customer (name blocked for privacy)
Answer
April 11 3:29 PM (2 hours and 36 minutes and 6 seconds later)
         
ACCEPTEDCheck Mark

It would probably be best to hire an attorney since there will likely be several procedural and legal nuances that you would not necessarily be aware of. If it is indeed a mistake, it shouldn't take too long to correct.

 



William J. Banks, Esq.
Attorney at Law


*** Advice offered is for information purposes only. No attorney-client relationship is created nor inferred through the use of this service. ***
Picture
wjbanks -- Immigration Lawyer -- 100% Positive Feedback on 288 Immigration Law Accepts
7 years practice experience, published in Bar Journal, successful immigration practice
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