I have approved VAWA, I went in for my Adj interview, agent asked me about my crime (Grand Theft), cashed a bad check it was over $400 ($1000) and so a Felony which got Dismissed after Probation, I got a sentence of 120 days (went to work release for 40 days) and 3 yrs probation but was reduced to 1.5 years as I finished paying all the probation fees.
Few years later, I was falsely accused by an employer and arrested, I have an arrest record but no conviction, I am in process of getting that sealed by the court. I will be submitting all the information to the Agent soon as it's done.
In this case should I hire a lawyer for the next interview in order to explain this to the Agent. Do I need a waiver, agent was not sure & needs arrest record but sheriff policy will not give offender.
In order to qualify for VAWA you need to be a person of "good moral character ", that is why you had to send in a police report, etc.
You do not seem to meet that requirement based on the facts you present.
You should seek to retain an immigration attorney as soon as possible and not proceed with USCIS unrepresented, that would be a big mistake in your situation.
Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.
3 lawyers agree
I agree with Atty Behar.
Please click the link below for additional information.
Carl Shusterman, Esq.
Former INS Trial Attorney (1976-82)
Board Certified Immigration Attorney (1986 - Present)
Schedule a Legal Consultation - Telephonic or In-Person
600 Wilshire Blvd., Suite 1550
Los Angeles, CA 90017
(213) 394-4554 x0
Web: www.shusterman.com (English)
(213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.
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13 lawyers agree
You should obtain the court disposition of the criminal complaints filed against you, as well as the hearing transcripts. Gather evidence to prove rehabilitaion. Seek the services of a good immigration lawyer.
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