AOS and misdemeanors
#1
AOS and misdemeanors
There is a guy that was recently married to a US citizen and is putting together his paperwork for his AOS.
He had two legal problems. One is 2004 for driving w/suspended license and no insurance. The following year, 2005, he was arrested again for the same charges. His sentence for the first one was for 240 days + fine. His sentence for the next one was 12 months.
From my understanding, if he has anything on his record that is more than 12 months (365 days), then his AOS will be denied.
I told him that he needed to first of all seek legal counsel. Also, that he should try get a judge to review the case and reduce the sentence he has on record to less than 12 months, and then try for the AOS with an attorney.
Just wanted to get all you immigration pros to validate the advice I gave this guy.
what do you think?
He had two legal problems. One is 2004 for driving w/suspended license and no insurance. The following year, 2005, he was arrested again for the same charges. His sentence for the first one was for 240 days + fine. His sentence for the next one was 12 months.
From my understanding, if he has anything on his record that is more than 12 months (365 days), then his AOS will be denied.
I told him that he needed to first of all seek legal counsel. Also, that he should try get a judge to review the case and reduce the sentence he has on record to less than 12 months, and then try for the AOS with an attorney.
Just wanted to get all you immigration pros to validate the advice I gave this guy.
what do you think?
#2
Re: AOS and misdemeanors
But I do agree that the best advice for this guy is to have a consultation with an immigration attorney before proceeding with AOS.
Rene
#3
Forum Regular
Joined: Sep 2003
Posts: 160
Re: AOS and misdemeanors
Wow, 12 months in jail for driving on a suspended license? That is excessive, are you sure that was all it was?