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Pending I-485 Application with Moral Related None-Criminal Charges

Hi William:

My EB-3 based I-485 Application is pending for years. I recently have one issue - I have arrest record in which I was convicted with none-criminal charges (moral related). Do you think this issue will cause the denial of my I-485 Application? Thanks.


If the none-criminal charges involves moral turpitude, then it may be a problem.

But the Administrative Appeals Office (AAO) recently found that a single conviction for patronizing a prostitute did not qualify as a crime involving moral turpitude (CMT). The AAO found that a waiver of inadmissibility was not required. In this particular case, the permanent resident, or "green card," application was denied and an appeal was filed with the AAO, since there was a denial of the waiver of inadmissibility. 

Fortunately for the green card applicant, the AAO found that the waiver was not needed because the crime was not a CMT and the appeal was dismissed, so that the individual was able to obtain U.S. permanent resident status. The foreign national in this case had applied for permanent residence, and was found to be ineligible by the USCIS. Ineligibility was based upon a finding that the applicant was inadmissible to the U.S. under existing law, having been convicted of two CMTs. The convictions were for forgery and for patronizing a prostitute. 

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