arrest for misdemeanors

[Frank_a]

The I-751 application is due.

The wife was just arrested in Houston (mostly because the police were conducting a sting and she doesn't speak English)

 

The charges should ultimately be dropped, but one of them is an immigration issue.

I need to report the arrest on the application, but how much do I say?

The case is a couple months from being settled.

 

any help on this one?

[pbatt]

If you have to file the I-751 now, then just tell them the facts on a separate sheet of paper.If she has only been arrested and not officially charged with anything, then just tell them she was arrested for whatever violation.Just be honest.

You will have a chance to explain all at the interview.

 

Good Luck

[warpedbored]

The I-751 seldom results in an interview but in your case it might. Since you weren't specific in what the arrest was for we have no idea how much bearing it might have on her case. If it were for drunk driving for instance it would probably not affect her. If she were mistakenly arrested for working without authorization and she is innocent then it may raise scrutiny but would probably result in approval. You have no choice but to be honest since the background check will turn it up anyway. Be honest and submit as much explanation as you deem necessary.

 

Good luck

[Frank_a]

The I-751 seldom results in an interview but in your case it might. Since you weren't specific in what the arrest was for we have no idea how much bearing it might have on her case. If it were for drunk driving for instance it would probably not affect her. If she were mistakenly arrested for working without authorization and she is innocent then it may raise scrutiny but would probably result in approval. You have no choice but to be honest since the background check will turn it up anyway. Be honest and submit as much explanation as you deem necessary.

 

Good luck

 

Thanks for the input!

She was wrongfully arrested for prostitution and resisting arrest. I'm confident that she will be aquitted, but I have been told to avoid stating this charge on the petition, and to be more general but not mis-state any facts.

Yes, I'm certain there will be an interview.

Meantime she will be staying in Houston as the court likes to reset every 3 weeks. Does this temporary residence require a residence notice?

 

thanks for all your help

[Guest Mike and Lily]

The I-751 seldom results in an interview but in your case it might. Since you weren't specific in what the arrest was for we have no idea how much bearing it might have on her case. If it were for drunk driving for instance it would probably not affect her. If she were mistakenly arrested for working without authorization and she is innocent then it may raise scrutiny but would probably result in approval. You have no choice but to be honest since the background check will turn it up anyway. Be honest and submit as much explanation as you deem necessary.

 

Good luck

 

Thanks for the input!

She was wrongfully arrested for prostitution and resisting arrest. I'm confident that she will be aquitted, but I have been told to avoid stating this charge on the petition, and to be more general but not mis-state any facts.

Yes, I'm certain there will be an interview.

Meantime she will be staying in Houston as the court likes to reset every 3 weeks. Does this temporary residence require a residence notice?

 

thanks for all your help

 

I believe that alleged misdemeanor crimes of moral turpitude are looked at more seriously by the USCIS than other misdemeanors.

[warpedbored]

As Mike said, crimes of moral turpitude are a serious issue to the USCIS. I would consider it imperative that she be aquitted. No point in trying to evade the issue. The arrest record and what it is for will come up on her name check. You not only need a criminal lawyer but an immigration attorney as well.

 

I know it's none of my business but how the hell did she get herself into such a pickle in the first place?

[Frank_a]

As Mike said, crimes of moral turpitude are a serious issue to the USCIS. I would consider it imperative that she be aquitted. No point in trying to evade the issue. The arrest record and what it is for will come up on her name check. You not only need a criminal lawyer but an immigration attorney as well.

 

I know it's none of my business but how the hell did she get herself into such a pickle in the first place?

 

When I get a chance to explain all of this it should prove interesting and if successful - useful.

 

Previously we had a lot of problems as I believed she only wanted to marry me to help her son. Though this other motive was true, it was not the only reason she married me, and as I thought about the motive it wasn't something bad, merely human.

 

She has had a major goal of helping her son (and relations) in China that are struggling. So, she very much wanted to work again this year but Vegas is in a bad way economically and there were no jobs. A friend (turns out to be a bad one) offered her a job in Houston at her restaurant. After several weeks of work there this "friend" suggested she work in her massage parlor. I told her not to do this, but if she liked when she returned to Vegas I would put her into a school and she could get a job eventually. She often doesn't like to listen to me.

 

Anyway turns out this new job was a setup. Police came in, didn't speak english and made acusations that she didn't even understand.

This friend then hooked her up with an attorney that I soon discovered was doing everything he could to deepen the problem and exttract money.

 

I now have a good criminal attorney for her in Houston, and consult with an immigration attorney here. The past week has been very difficult for her, very difficult! She has not wanted to live and I am trying to be as supportive as I can.

 

I feel confident that she will be aquitted of the charges, but in a state like Texas this is never a slam-dunk. I am also aware of the trouble that comes with the moral charge while pending. I realize if we can get an aquittal the chances of keeping her here are non-existant.

 

If anyone has any experience with this kind of situation I would be very grateful! How to walk this tightrope while the charges are only pending and the I-751 petition is in process... ???

[chilton747]

Sounds to me that you have the attorneys in place so you are doing the best you can do. Good luck and work with your wife. Once out of this then maybe her decision process will change.

[Guest Liuling]

Sounds to me that you have the attorneys in place so you are doing the best you can do. Good luck and work with your wife. Once out of this then maybe her decision process will change.

Sounds like you are the one that is delusional. It is about time that you realized what you wanted and what she wants. She certainly speaks good enough Chinese to know what kind of job she applied for with the other women and that is probably the kind of job she did in China. Chinese cities are dotted with many massage parlors and they serve the same fuction that they do in Las Vegas or Houston. Get a life man and move on with it and stop setting yourself up for another bump on the head after you hit your head against the wall again.

[lostinblue]

I had an ex chinese girlfriend that would have to drop off her client at a massage parlor. Come back 2 hours later and walk inside and pay his bill. (she was in real estate). Massage parlors and china are not new.If she had a green card it would be enough to get deported if convicted. Unless she lived a very sheltered life in china she understood what the business was for.

[Guest Rob & Jin]

sorry to hear your troubles, as others have said "lawyer up", good luck hope it goes well.

[Frank_a]

Well - the I-751 is submitted, and I anticipate they will be requesting more information on the pending case in Houston and an interview before they would remove restrictions.

 

Question: when they send the biometric "finger printing"... what is the wondow for going to have this done, and will they instruct her to go to the USCIS where the petition was mailed?

 

By the way - my wife and I discussed career options many times together, and a massage therapist was favored possibility. I have several friends wives here in Vegas that make very good "legitimate" money doing this. That she chose to try this (against my advice) in Houston is due to her being naive, and very typical husband-wife independence.

My immigration attorney here in Vegas told me he had many cases where women were arrested because they would NOT give free sex to police that felt they were entitled to it. This IS America isn't it? Innocent until proven guilty. I choose to believe my wife.

[Guest Mike and Lily]

The fingerprinting will be done in an "application support center". There are many of those around the country and chances are good that she won't need to go to far to get it done.

 

Personally, if she wants to stay in this country, I don't think she should go anywhere near a massage parlor anymore, but that decision is between you and her.

[Frank_a]

The fingerprinting will be done in an "application support center". There are many of those around the country and chances are good that she won't need to go to far to get it done.

 

Personally, if she wants to stay in this country, I don't think she should go anywhere near a massage parlor anymore, but that decision is between you and her.

 

An application support center? So, she can go to that center closest? That sounds great - compared to having to travel to California.

When the request is issued for biometrics, how long is generally given to comply?

 

As far as future employement, I agree massage parlors are not a good option. This option was only a consideration before this trouble.

[Guest Mike and Lily]

When they make the biometrics appt, they will assign a date, time and location. Usually, that location will be the closest to your residence.

 

Good luck!