What is the name of your state? IL
My deportable Misdemeanor conviction to NY 120.00(1) from 2004 got vacated through a 440.10 motion and reentered as Disorderly Conduct NY 240.20(7) in Dec 2019.
During the legal proceedings prior to 2019 by other attorneys, there was a time lapse and delays and my passport and GC expired in 2017. I could not renew my PP because of expired GC and I could not renew my GC because of the conviction from 2004.
I have a few questions...
1) Is there anything I should do with the courts/USCIS and how long should I wait before I renew my GC or file for citizenship for USCIS records to get updated with the change in my conviction?
2) While renewing my GC or filing for citizenship, what reason should I quote for non-renewal of GC and PP that expired 2 years ago?
3) Should I renew my PP/GC first or file for citizenship with expired PP/GC or file all simultaneously?
4) If USCIS asks me reason for my arrest in 2004, should I quote misdemeanor 120.00(1) or dis-con 240.20(7)? I guess they can see everything in their records.
5. If USCIS asks me if I was arrested/convicted before, do I have to mention about my original misdemeanor conviction to NY 120.00(1) or just the dis-con 240.20(7) ?
6. What docs do I need to submit along with GC renewal? I have Order vacating 120.00(1) from court but don't have the dis-con order of conviction under 240.20(7) yet.
7. I see failing to update address within 10 days of moving is a deportable offense. I was not aware of this and updated only 3 times in the last 7 years. I'm concerned about not having updated my prior address changes with USCIS since entering US in 1998.
8. I lost printouts of address changes. Is this going to be a huge deal? Do I need to furnish address change filing proofs during GC renewal/citizenship filing or does USCIS have it in their records?
9. While filing for citizenship, what if USCIS does't have address changes in their records for my past addresses or don't match with the effective dates I furnish them accurately?
10. A travel agency who applied for my PP in India 20 years ago listed my uncle's 8 year old daughter as my Spouse (I furnished her as my beneficiary should anything happen to me). I got married to my ex in 2000 in US and my ex was fully aware of the error. That little girl got married a couple of years ago and currently lives in AU. Indian embassy here said I need to visit India to have it fixed while renewing it in 2006 as-is. When I file for citizenship, will this wrong spouse name in the Indian PP pose a problem? What is the solution?
11. The firm that did my GC filing in 2002 messed up and listed my ex's first son from her first marriage as my son. How do I fix this?
12. In my DL, the clerk made a mistake and recorded me as a female. Should I have it fixed before making any filings?
Disorderly Conduct 240.20(7) is a violation with a max 15 day jail time (I was granted conditional discharge) - it's not a crime and not deportable. This was done by my criminal attorney with caution to make sure I would not have any further complications. But these are just immigration-related questions for issues that I need answers before making any move. My criminal attorney is unable to answer immigration related questions and I cannot afford a new lawyer now as I'm jobless for almost a year.
Thanks much for your time!
My deportable Misdemeanor conviction to NY 120.00(1) from 2004 got vacated through a 440.10 motion and reentered as Disorderly Conduct NY 240.20(7) in Dec 2019.
During the legal proceedings prior to 2019 by other attorneys, there was a time lapse and delays and my passport and GC expired in 2017. I could not renew my PP because of expired GC and I could not renew my GC because of the conviction from 2004.
I have a few questions...
1) Is there anything I should do with the courts/USCIS and how long should I wait before I renew my GC or file for citizenship for USCIS records to get updated with the change in my conviction?
2) While renewing my GC or filing for citizenship, what reason should I quote for non-renewal of GC and PP that expired 2 years ago?
3) Should I renew my PP/GC first or file for citizenship with expired PP/GC or file all simultaneously?
4) If USCIS asks me reason for my arrest in 2004, should I quote misdemeanor 120.00(1) or dis-con 240.20(7)? I guess they can see everything in their records.
5. If USCIS asks me if I was arrested/convicted before, do I have to mention about my original misdemeanor conviction to NY 120.00(1) or just the dis-con 240.20(7) ?
6. What docs do I need to submit along with GC renewal? I have Order vacating 120.00(1) from court but don't have the dis-con order of conviction under 240.20(7) yet.
7. I see failing to update address within 10 days of moving is a deportable offense. I was not aware of this and updated only 3 times in the last 7 years. I'm concerned about not having updated my prior address changes with USCIS since entering US in 1998.
8. I lost printouts of address changes. Is this going to be a huge deal? Do I need to furnish address change filing proofs during GC renewal/citizenship filing or does USCIS have it in their records?
9. While filing for citizenship, what if USCIS does't have address changes in their records for my past addresses or don't match with the effective dates I furnish them accurately?
10. A travel agency who applied for my PP in India 20 years ago listed my uncle's 8 year old daughter as my Spouse (I furnished her as my beneficiary should anything happen to me). I got married to my ex in 2000 in US and my ex was fully aware of the error. That little girl got married a couple of years ago and currently lives in AU. Indian embassy here said I need to visit India to have it fixed while renewing it in 2006 as-is. When I file for citizenship, will this wrong spouse name in the Indian PP pose a problem? What is the solution?
11. The firm that did my GC filing in 2002 messed up and listed my ex's first son from her first marriage as my son. How do I fix this?
12. In my DL, the clerk made a mistake and recorded me as a female. Should I have it fixed before making any filings?
Disorderly Conduct 240.20(7) is a violation with a max 15 day jail time (I was granted conditional discharge) - it's not a crime and not deportable. This was done by my criminal attorney with caution to make sure I would not have any further complications. But these are just immigration-related questions for issues that I need answers before making any move. My criminal attorney is unable to answer immigration related questions and I cannot afford a new lawyer now as I'm jobless for almost a year.
Thanks much for your time!