Law-Forums.org

[adaya]

I have an I130 approved (priority date April 25, 2001) My husband who is a U.S citizen is now going to be my petitioner. But when I was under 18, I got a ticket for theft and didn't go to court. The ticket is still pending. I was told by the Dallas County that I can post bond and hire a lawyer to take it to court to try getting it dismissed. I also got a ticket for substituting alcohol under age. I didn't appear to court, just paid the fine. I have stayed out of trouble since then. I wan't to know if this is going to affect me in adjusting my status? I do not need any negative remarks, so don't waist your time. I'm old enough to know I was in the wrong. I will be hiring an immigration lawyer.

P.S Congress gave a holiday present to hundreds of thousands of potential immigrants on December 15, 2000 when they extended the grandfathering date of §245(i) to April 30, 2001. Not only does this extend the benefits of §245(i) to persons who had labor certifications or visa petitions (I-130, I-140 or I-360) filed on their behalf between 1998 and 2000, but it gives persons over four months AFTER the passage of the law to qualify for the benefits of §245(i).

[hwistlere31]

I suggest you hire that AILA approved attorney and make them work for their money.

This may be a free forum, but what you are asking is beyond the realms of free advice.

[roche]

You need an attorney rather desperately. Failure to appear in court is a felony, and a bench warrant is issued for the arrest of the person who failed to appear in court as required. Furthermore, shoplifting and forms of theft are defined under "crimes of moral turpitude" which render a person permanently ineligible for any visa in the US, ineligible to apply for citizenship, and can be grounds for revocation of any visa or green card, with deportation and permanent bar to reentry. Drug and/or alcohol-related charges can also fall under the "crimes of moral turpitude" classification. You need a lawyer, you need one badly, and you may well have NO way out of this except to return to your country of citizenship - permanently.

Get a lawyer, and a really good expensive one at that. Or else go straight home to your country of citizenship and forget about ever trying to reenter the US. You appear to be in very, very serious trouble.

[bocley]

Thank you so much for the lecture in things 245i. How would we have known about this without you?

What I also don't understand is why you are bringing this up. I simply assume that you are eligible for AoS, so if this is based on an approved or approvable 245i petition, all the better for you.

To answer your question: yes, an open court case or warrant will stall your AoS petition until the outcome is known and documented. You will need to retain an attorney and take care of this first, if you don't want to risk a denial of your AoS, where you'd leave the building in handcuffs.

[mads]

We caannot help you ..you are way beyond that ... get that Lawyer working
you may well have warrant problem to add ..check that first