一时糊涂 asked: 我已经和公民男友结婚并怀了他的孩子，请问，我拿到绿卡的机会有多大？需要在递交I-485的同时就申请豁免吗？这种需要豁免手续的I-485办理手续和正常的I-485有什么不一样?要慢很多吗？
请原谅问题多多，因为我们是在深南方，附近根本没有华人律师，又不可能搬家到其他州去。local的老美律师好像根本不懂这种case.
以前因同当时的roommate吵架，一气之下盗用过她的信用卡，目的只是想破坏她的信用。当时真的是鬼迷心窍，没有想到后果，结果被店里报警抓了，被控盗窃和盗用别人身份，且后者是联邦重罪，不能销掉案底。因为法院指定的公共辩护人水平不佳，没怎么讨价还价就一个劲劝我认罪,所以被判了60天坐牢加一年probation。当时还告诉我说是被定的罪行是deportable的，但是之后过了快一年了移民局方面也没动静，也许没事了吧，而且最近申请OPT也批我了。本来准备OPT到期就回国算了，但是最近BF说愿意跟我结婚，他不在乎这事(我们刚认识不久我就告诉他了)，他是u.s citizen,请问我还有拿绿卡的机会吗？移民局会不会为以前的事驱逐我呢？
1.U could have ur fair chance for LPR based on marraige.
2.Waiver could be sumitted after u gave birth to either TSC before interview or at the interview at local office.
3.Waiver generally takes 1 year to be processed. Waiver does not necessarily delay the process.
4.can find a lawyer in other state if no local lawyer could adequately help u.
The past criminal record is not a deadly one.
U would be admissible under 212(a)(2)(A)(ii) based on the follwing assumption:
The crime u committed is one involving moral turpitude which is inadmissible. But 212(a)(2)(A)(ii) saved u because the maximum sentence is less than a year (On assumption that U committed the crime of credit card fraud, a misdemeanor (1st degree) but final disposition is Misdemeanor, 2nd degree).
485 could be ted and there was highly unlikely any risk of being deported by answering YES to the "arrest, conviction" question on 485 (on assumption that u were never put in any kind of removal proceedings). call 1-800-898-7180 to check w/ u were subject to deportation.
Waiver is just another option to secure ur AOS.
U MUST get an original copy of the final disposition from the criminal court tried u in case of a RFE or interview.
Original copy must be ted.
Analysis of ur case based on the following assumption and the info provided by u in ur posting.
The crime is likely a misdemeanor (first degree), PC 817.60(1) (assuming the charge was credit card fraud, also a statuary larceny under FL law, just use FL an example) under s.775.082(imprisonment) or 775.083(fine).
1. Under s. 775.082, For a misdemeanor of the first degree, the sentence is imprisonment not exceeding 1 year.
Since u were jailed for 60 days. I assume that ur final disposition was a misdemeanor of 2nd degree with a maximum sentence not exceeding 60 days. (might be offered by the DA to dispose the case faster while the defendant had no criminal history).
The u look at section 212(a)(2)(A)(i) &(ii) of INA:
INA: ACT 212 - GENERAL CLASSES OF ALIENS INELIGIBLE TO RECEIVE VISAS AND INELIGIBLE FOR ADMISSION; WAIVERS OF INADMISSIBILLITY
Sec. 212. [8 U.S.C. 1182]
(a) Classes of Aliens Ineligible for Visas or Admission.-Except as otherwise provided in this Act, aliens who are inadmissible under the following paragraphs are ineligible to receive visas and ineligible to be admitted to the United States:
....
(2) Criminal and related grounds.-
(A) Conviction of certain crimes.-
(i) In general.-Except as provided in clause (ii), any alien convicted of, or who admits having committed, or who admits committing acts which constitute the essential elements of-
(I) a crime involving moral turpitude (other than a purely political offense or an attempt or conspiracy to commit such a crime), or
(II) a violation of (or a conspiracy or attempt to violate) any law or regulation of a State, the United States, or a foreign country relating to a controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)), is inadmissible.
(ii) Exception.-Clause (i)(I) shall not apply to an alien who committed only one crime if-
(I) the crime was committed when the alien was under 18 years of age, and the crime was committed (and the alien released from any confinement to a prison or correctional institution imposed for the crime) more than 5 years before the date of application for a visa or other documentation and the date of application for admission to the United States, or
(II) the maximum penalty possible for the crime of which the alien was convicted (or which the alien admits having committed or of which the acts that the alien admits having committed constituted the essential elements) did not exceed imprisonment for one year and, if the alien was convicted of such crime, the alien was not sentenced to a term of imprisonment in excess of 6 months (regardless of the extent to which the sentence was ultimately executed).
The section is interpreted as:
If u committed a crime involving moral turpitude, u were inadmissible to the US (can’t come in nor stay) UNLESS the crime has maximum penalty less than 1 year.
"Moral turpitude” refers generally to conduct that shocks the public conscience as being inherently base, vile, or depraved, and contrary to the accepted rules of morality and the duties owed between persons or to society in general. Moral turpitude has been defined as an act which is per se morally reprehensible and intrinsically wrong, or malum in se, so it is the nature of the act itself and not the statutory prohibition of it which renders a crime one of moralturpitude. Among the tests to determine if a crime involves moral turpitude is whether the act is accompanied by a vicious motive or a corrupt mind". Hamdan, 98 F.3d at 186.
In BIA standard, a crime involves fraud as a central ingredient and requires proof of mens rea sufficient to classify it as a crime of moral turpitude.
Since you were convicted of credit card fraud, it’s a crime involving moral turpitude. U were inadmissible unless the maximum sentence is less than 1 year.
Credit card fraud (PC 817.60(1)) is a misdemeanor (1st degree) with a maximum sentence not exceeding 1 year.
U were actually jailed for 60 days which might be a discharge for a misdemeanor (2nd degree) with a maximum sentence not exceeding 6o days. In either case, your case falls under the 212(a)(2)(a)(ii)(II) exception.
Therefore, U could be still admissible despite the conviction.
Waiver may still be available to u.
Waiver is only available to those who have USC immediate relatives (spouse,children, parent) & those who had been residing in the US since 1974?(not sure). Waiver is to waive the inadmissibility due to the crime convicted because the hardship suffered by the USC.
In ur case, applying a waiver after u gave birth to ur child increases ur chance of AOS. Then, u would have 2 USCs instead of one now.
Immigration is a federal law. Any licensed attorney can represent u even he/she is in a different state. A good immigration lawyer can adequately advise u on the consequence of the past criminal record.
Highly likely u would receive an interview, WHY, marraige GC with a criminal inadmissibility calls for the care of a DAO.
U can either ur waiver to a Service Center before the interview, or to the local office at the time of the interview. TSC likely would transfer the waiver to the local office. The waiver would be paid in the form of money order $265 (current) to DHS. Sometimes a receipt may not be provided by a local office.