AOS and misdemeanors

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Old Sep 28th 2007, 4:39 pm
  #1  
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Default 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?
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Old Sep 28th 2007, 4:41 pm
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Default Re: AOS and misdemeanors

Originally Posted by iniaki
Just wanted to get all you immigration pros to validate the advice I gave this guy.

what do you think?
We are not immigration pros. There used to be a couple of attorneys visiting this site, but they haven't been around for a while. The rest of us are just laymen who have gone through the immigration process in one way or another.

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
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Old Oct 1st 2007, 5:47 am
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Default 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?
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