Charged with 2nd degree robbery when he was about 19 (nine years ago). He plead guilty to the charge and was given 3 years probation. He skipped out on probation and moved out of state but recently returned to complete the program. He married a US citizen 3 years ago and they have a 5 year old daughter together. When he received the initial robbery charge, he was here legally on an employment visa but it has been expired for years. Is it possible and/or wise to attempt an adjustment of status prior to his completion of the probation program and what are the chances he would be approved. Of course we will be retaining a lawyer to assist with this process. Any information is greatly appreciated!!- He does qualify for the LIFE Act as well since he was brought to the US as an infant and his mother started the INS process prior to April 2001.
You need an immigration attorney to deal with this. The attorney should be consulted before dealing with court.
You have a few issues, one being immigration, the other being the probation. You will need to get off probation early because of immigration, but the fact that he skipped town, well that's going to make it tough. Also he may have a warrant out for his arrest, if picked up he may have an immigration hold. As I've said, a lot of issues that need to be sorted out.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline