Briefly, I was arrested but the Grand Jury returned a No True Bill (October 1995). I was never convicted of anything. Nevertheless, when I filed my AOS I submitted the original No True Bill and later the original Expungement Order and what I believed to be the Arrest Records.Nevertheless, I was advised that they needed the Complete Arrest Record and information about the final disposition of my case. I returned to Jamaica on a valid Advanced Parole because I have a sister who suffered a stroke. In January, my AOS was denied because of the factors previously stated. I spoke to an attorney who advise that to appeal was foolhardy and so I should file a new application. The Online system reflected no movement on the I 130 and so in June 22014 I filed a new I-130. My wife subsequently conta
you should pose this question to an immigration lawyer. i will transfer you. good luck
the fact that i have posted an answer to your question or commented on another's answer does not create an attorney-client relationship between us.
An unfortunate turn of events. Your attorney is right . Appeal is much more than just "foolhardy", it is useless and unnecessary waste of money. Re-file, and with the proper court document this time.
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.
Immigration always requests copies of your arrest history. It is in their purview to check the disposition to determine if you are eligible for the benefit you are seeking. You should re-apply once you have the correct documentation because the appeal will not likely change the previous outcome.
For a FREE consultation, call at 305-401-2123. The answer provided is general in nature. Because not all facts are known, it should not be construed as legal advice. The answer does not create an attorney-client relationship.
Expungement is irrelevant for purposes of the immigration consequences of criminal activity. It is true that, generally, criminal grounds of inadmissibility require a conviction, but "conviction" under the INA has its own particular meaning, and there are exceptions to the general rule. For instance, if USCIS has "reason to believe" that one is a controlled substance trafficker, no conviction is required to be rendered inadmissible.
This response is for general information purposes only and does not create an attorney-client relationship.
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