I was arrested for receiving stolen property. A friend of mine bought merchandise online with stolen credit card and sent them to my house. I did not know he used stolen credit card. I got arrested and the case is under review. My lawyer said it is unlikely for them to file it because they cannot prove that I knowingly participated in the crime. I included a stamped letter from DA's office saying that my case is "under review but have not decided to file against me" for initial evidence. Now I am filing for I 485 and I would like to hear your opinions on my case. Would they deny my green card because of this? Thank you so much for your help.
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Filing I 485 based on marriage with an arrest on record
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Memorandum of law
I would like to inform you that I am not an attorney so my comments should not be read in such manners. Your attorney should attach MEMORANDUM OF LAW as a cover sheet with your AOS package. In that this incident must be explained with legal references to the actual penal code of that state and to the similar BOA cases. As the Attorney General recently clarified, “to qualify as a crime involving moral turpitude for purposes of the Act, a crime must involve both reprehensible conduct and some degree of scienter, whether specific intent, deliberateness, willfulness, or recklessness.” Matter of Silva-Trevino, 24 I&N Dec. 687 (A.G. 2008) and your case does constitute a crime involving moral turpitude (CIMT). The arrest record, a letter from the shipping company, a letter from the merchant, your own affidavit and the statement of your friend might be helpful. Try to talk to the DA office to have these charges dropped before you file this case. If you file this case, USCIS will/may delay processing of your case until the charges are dropped or its final disposition. If you case ever goes to the trial it has to be dismissed by the judge without the adjudication of guilt if you want to adjust your status while in USA. Seek a good legal counsel from a competent immigration attorney.
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Thank you for your response. I already talked to my criminal defense lawyer and she said that the DA does not have enough evidence to file against me but cannot predict when the charge will be dropped because usually they let the case hang around for some time just in case evidence shows up. Anyway, I am in a position that I have to file for AOS so I did. I included a letter that explain my case in the application. If USCIS delays process my case can I still stay in the US while waiting? Thank you.
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