Canadian with criminal conviction receives Green Card

Petitioned by his wife 

A Canadian client retained our office to file for a Green Card based petition by his wife, a United States citizen. We filed the necessary I-130 petition and I-485 application to adjust status along with ancillary request for employment authorization. His F-1 status meant he needed to work as soon as possible. CIS fingerprinting and biometrics were taken immediately. During the interview, the CIS officer confronted him with a criminal conviction. The incident that took place 26 years ago when he was living in the United States. He was in the US with a non-immigrant visa status.

Criminal conviction may cause a problem

Our client made an honest mistake. He forgot to disclose to us the criminal conviction at the time of preparation and filing the Green Card applications. Non-disclosure of the conviction became a major issue that might result in the denial of the case for misrepresentation. Our attorneys were confronted with difficulty to submit the criminal records to meet the deadline set by CIS since the case so old, the Court has to locate the documents in archives at a different location. We submitted the records and within 30 days, CIS approved the case and a conditional Green Card was issued that is valid for 2 years.

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