San Francisco Immigration Attorney.
What you describe is not unusual, especially if your file is think and you have a long immigration history. If after review, everything looks okay and the supervisor signs off on it, you should receive an approval notice in the next 4 to 8 weeks. For now, the best advice I can give you is to put it out of your mind and wait for the decision.
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I'm afraid you do not qualify for the provisional waiver. At least until further notice, the provisional waiver is for those who only need a waiver solely for unlawful presence, It can not waive inadmissibility based on crimes or fraud/ misrepresentation.
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PC 242 is simple battery and does not affect your ability to renew your green card. It sounds like your case was dismissed following some diversion program. If it was pre-plea diversion (a guilty or no contest plea was never enterer), it will not be considered a conviction for immigration purposes. If a plea was entered before dismissal then it is considered a conviction for immigration purposes, but the conviction does not make you inadmissible or deportable.
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It sounds like you don't have all the facts about your father's past history. I suggest you find out as much as possible about his past arrests and convictions. They may be all DUI's but they could be more which would make his reentry more difficult. The fact that he was deported -- following what sounds like a grant of cancellation--makes me think his arrests were more serious. He will also have to get permission to reenter after a removal and need to qualify for a waiver of his unlawful...
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File the I-751 as soon as possible with the USCIS with an explanation of the late filing and evidence of bona fide marriage. Don't panic if you get a notice to appear in immigration court. Let the immigration judge know that the I-751 has been filed. The judge will continue your case until you get a decision on your I-751. If it is approved, the judge will terminate your case. If it is not approved, the judge has the authority to review the decision and grant the I-751 in court. The judge...
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If the charges were dismissed, you do not have a conviction and it should not affect your eligibility for immigration benefits; however, you do need to disclose all arrests on any forms submitted to the Immigration Service. You should also be prepared to submit original or certified copies of your court records including the charging document and disposition/dismissal. An expungement is not appropriate because you do not have a conviction, and even if you did have a conviction, an...
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I'm assuming you are asking about the requirements for applying for citizenship based on three years of lawful permanent residency based on marriage to a USC? At the citizenship interview, you will need to prove that you continue to reside together in a bona fide relationship with your wife. More important than photos together are birth certificates of any children together, joint tax returns, joint financial documents (such as bank accounts, insurance, credit accounts, joint purchase of...
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Since the omission was unintentional and as long as the affiliation does not call into question your eligibility for citizenship, I frankly would leave it alone. For an omission to qualify as misrepresentation, it has to be both material and intentional. It does not sound like your omission meets that criteria. Informing USCIS may just needlessly delay the process.
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Generally, a domestic violence offense, while a crime of violence, is NOT necessarily an aggravated felony. It is ONLY an aggravated felony if your nephew received a sentence of one year or more. More specific facts would need to be known to determine whether he may qualify to re-immigrate.
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The USC daughter may petition for her father. However, if he entered without inspection-- that is, unlawfully-- and no one previously petitioned for him before April 30, 2001, he will not be able to adjust his status to that of a permanent resident here in the United States. He will have to obtain his immigrant visa at the US consulate in his home country. I strongly recommend he obtain legal counsel as there are many things that can go wrong in a case like this.
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