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Asylum

Key West, FL |

Can You take any actions if Your asylum case recommended for approval (and it's passed more than 10 month and didn't get anything from USCIS).
By the way my son has one petit theft misdemeanor and it was dismissed after he completed 6 month community service (pre trial diversion).
1.Is persons criminal record leads to recommendation for approval?
2. If Yes is his criminal record prevent us or him getting asylum case approved?

Thank You Let me clarify my first question: If asylee has a criminal record,is it make authorities to investigate and check the backrounds,put holds (on them) like recommendation for approvals for a long time?

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Attorney answers 4

Best Answer
Posted

Your son's criminal history can certainly prevent approval of his application depending upon the specific facts. Additionally, it most certainly will lead to delays in the clearance of any background checks.

Consult with an experienced immigration attorney for case specific advice.

While this answer is provided by a Florida Bar Certified Expert in Immigration and Nationality Law, it is for general information purposes only and an attorney/client relationship is neither intended nor created. You should seek out qualified counsel to review your case and provide you with advice specific to your situation. Call +1-561-478-5353 to schedule a consultation with Mr. Devore.

Asker

Posted

Merci beaucoup Mr.Devore. Actually we disclosed his misdemeanor record on the application,hope it helps.

Jeffrey Adam Devore

Jeffrey Adam Devore

Posted

Je vous en prie.

Asker

Posted

Excuse us again,Mr.Devore. Just found out there is one Petty Offence Exception 1) does it applies for my son's petit theft misdemeanor?\ 2) If we hire experienced attorney like You,how much will it cost to handle this situation? All we waiting for is results from USCIS ,sir. Thanks for Your time again

Jeffrey Adam Devore

Jeffrey Adam Devore

Posted

The Petty Offense exception only applies to issues of inadmissibility. One does not necessarily need to be admissible in order to be granted asylum in the United States. Whether you son's criminal history rises to the level of inadmissibility can only be determined after a complete review of his criminal history. Avvo is not the place to get case specific advice. You need to schedule a consultation with an experienced immigration attorney who can review your whole case, including the immigration and criminal histories surrounding it, in order to get proper advice.

Asker

Posted

Thanks for Your help sir

Posted

This may be contributing to the delay since background checks are performed. I recommend contacting a qualified immigration attorney to fully discuss your case.

Legal disclaimer: By answering this question, there is no intention to create, nor does it create an ongoing duty to respond to questions. An attorney-client relationship has not been formed. The answer is not intended as anything other than the opinion of the author. It should not be relied upon as legal advice. The answer given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change.

Posted

I agree with attorney Devore. You can retain an attorney to intervene in the case if you are not currently working with one

This is not legal advice and a client attorney relationship is not created. For a free consultation call (718)234-5588.

Posted

A petit theft is a CIMT. If he did not disclose this case on his application and provide a complete certified copy of the case record he may have a problem with getting his asylum approved.

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