Hi,

I have a problem to clarify as it bothers me all the time.

I am an int'l student married to a US Citizen (for a month), but 2 years back I was once caught driving a scooter on the streets without a license and I was fined which I've already paid. I was also caught shoplifting once due to financial pressure as life gets tough for int'l students if we can't work off-campus and on-campus jobs are hard to find. But when I went to the court, the case got dismissed and I was free to go and I am not sure if it was because I was found not guilty. I also paid the store for the goods I had stolen which was worth $140.

Coming to the point, I want to file for an adjustment of status to get a green card. From my past experience, will it be difficult for me to get a green card? Or is it possible for me to get a green card? Please advice. I am very worried on this situation.

You will be able to get your permanent residence, but you have to provide documentation to the USCIS for both offenses.

To clarify, you were charged, found guilty and convicted of both. Payment of the fine and payment of restitution are evidence of that. You will need the charging document, the court order and a court disposition for the offenses. The driving without a license will not have a court order, but you will need original certified copies of the disposition of both offenses.

Please note that F-1 students are supposed to have the funds to pay for their studies without working in the US, as it is a non-employment visa category. Don't bring up the reason for the shoplifting, it is not defensible.

A mid-level immigration attorney can assist you on this case. Congratulations and good luck.

you will be able to get your permanent residence, but you have to provide documentation to the USCIS for both offenses.

to clarify, you were charged, found guilty and convicted of both. payment of the fine and payment of restitution are evidence of that. you will need the charging document, the court order and a court disposition for the offenses. the driving without a license will not have a court order, but you will need original certified copies of the disposition of both offenses.

please note that F-1 students are supposed to have the funds to pay for their studies without working in the US, as it is a non-employment visa category. Don't bring up the reason for the shoplifting, it is not defensible.

a mid-level immigration attorney can assist you on this case. congratulations and good luck.

That was a really good help from you. I really appreciate it. Just a few more questions to clarify my situation.

1) What should be a suitable reason to give if they would ask me why I was shoplifting?

2) Where can I get the documents that you have advised me to obtain, namely: charging document, the court order and a court disposition for the offenses for the shoplifting case?

And how about how the driving without a license case, you said I only need a original certified copy of the disposition of this offense and the charging document too; but you said there won't be any court order for it right?

So all in all where can I get these documents from?

3) Do I also need a police report on both of these cases?

4) Should I send them along with the I-485 form that asks all sorts of these questions or would it be better to keep hold of them and use them during your adjustment of status interview?

5)Where can I get a mid-level attorney for this situation, and how much would it cost approximately?

This is all I have to clear out so far. Looking forward for a favorable response. Thank you very much once again.

1. bad decision, lapse in judgment. Its an error a lot of people make,
2. the arresting police agency and the court that ordered the payment will have the records. Check with the court directly.
3. Yes, if there is one.
4. Send copies of all documents, you will need to bring the originals to the 245 interview.
5. check for references through AILA for your area. If you can't find one, let me know what city and I'll try to get a good attorney for you.

I tried searching for several attorney around where I live but it is kind off confusing as to who exactly to choose..

I would appreciate it if you could help me with the search in finding a mid-level attorney.. and give me an idea of approx. what the charges would be?

I live in Romeoville, IL.. you response would be kindly appreciated. Thanks once more

Just ask them if they have experience with this type of case. You can always check with AILA, they have a good referral service. What is the closest major city to you?

For an AOS with minor criminal convictions, most mid-level attorneys will charge between $2000 to $3000 for legal fees, plus the USCIS filing fees and expenses.

I am international student who married a US Citizen, so while filing for form I-485 in Part 2 where it says "I am applying for an adjustment of status because:"

So in this part what option should I choose. Is it "option H- other basis of eligibility" and then on the additional line I would write as follows: "spouse of a US citizen who concurrently filed for form i-130". This is what I wrote but I was wondering if it is the right option to choose. So please advice me on this.

Also regarding the evidence of eligibility, I do not know what documents to send to prove it. I was thinking of sending a copy of my marriage certificate, my I-20 (to show current status in the USA as an F1 student), copy of my I-94, a copy of my spouse's US passport (to prove her US citizenship). Are these documents enough to send? Please advice me on this too.

Looking forward for a favorable reply soon. Your help will be really appreciated. Thank you for your time.

It is box "a". This is the most common petition. Any other box, with the documentation you would be submitting for an IR spouse petition would cause a delay in your case.

Look at the form instructions for a detailed list of documents to prove up eligibility for the case. For USC spouse; birth certificate and passport. Please note that in some states, especially the southern border states, you should provide the long-form birth certificate. For you; all pages of the passsport (even blank), visa, I-94 (both sides), I-20 (every page, including the endorsement page signed by the DSO, transcripts, and evidence of registration. You need to provide evidence of cohabitation and co-mingling of funds.

I advise you to hire a mid-level immigration attorney. If not a new attorney that is attentive should be able to handle it as well. Good luck!

I understand you advising me to get an attorney, but $2000 is something that is out of my budget. I wish I was able to afford it but I am just a student so it is completely out of my budget.

But I really appreciate you helping me on my process of application. I just have one final questions and I will be done preparing the whole package.

In form I 485, the box "a" says to "attach a copy of the approval notice, or relative, special immigrant juvenile......". What document is this exactly talking about ? Please help me on this final question

I understand you advising me to get an attorney, but $2000 is something that is out of my budget. I wish i was able to afford it but i am just a student so it is completely out of my budget.

But i really appreciate you helping me on my process of application. I just have one final questions and i will be done preparing the whole package.

In form i 485, the box "a" says to "attach a copy of the approval notice, or relative, special immigrant juvenile......". What document is this exactly talking about ? Please help me on this final question

I understand about finances. You will not be including any I-797 approval notice as you are concurrently filing the I-130 (relative petition). That is the petition for which they would usually want the approval notice. In your case, the two are filed together and adjudicated at the same time. The I-130 signed by your spouse and the I-485 signed by you.

I trust this is responsive to your inquiry. Good luck!

I have a few questions regarding filling up the several forms:

Especially the g-325a form asks for an admission number (A#) and I do not have one so should I write "none" or just leave it blank.
The same applies for other forms too where it asks for an admission number for example the I-130 and I-485, should I write "none" or just leave it blank.

In I-485 where you have to attach an extra sheet to explain about your criminal records; I mean how do you explain that situation? Should it be extremely in detail or I should just write in my case number and tell them what the case is for and also let them know in the attachment that I have attached the required documents? Please kindly advice on this. (this is the most confusing part for me).
I have written that I had a lot of family problems and it affected me mentally, and therefore it lead me to do things I did not want to get into, and well that is the truth. I have been living with my guardians and did not get along well and since I had no support in america, I got depressed and mentally affected and finally one day I stole worth $100 stuff from a store and did not realize what I was getting into. I don't know if that is how I am suppose to put it as? So please help me on that. If you have any samples of those attachments, would be really helpful.

Your response is kindly appreciated. Thank you very much.






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