Criminal Law can I delay my own Change of Status process?

[Juarez234]

with an H-1, I've a felony conviction which comes under crimes of moral terpitude.

My H-1 will be expiring soon and for certain reasons, my employer might not be able to get this 4th extension for me this time.

If I marry a USC and she files for my AOS, can there be any interim period where I can avoid having this felony record comes up and in the meanwhile I will try to have this conviction set aside. I did quite a bit research and there are some (slim) chances that I can have conviction expunged. Though this will still show up on background check but I will have better chance of getting my case approved. So during change of status process, can there be some kind of 'pause' such that I can still stay here in US legally and try to work on getting conviction expunged?

Many thanks.

 

[army judge]

with an H-1, I've a felony conviction which comes under crimes of moral terpitude.

My H-1 will be expiring soon and for certain reasons, my employer might not be able to get this 4th extension for me this time.

If I marry a USC and she files for my AOS, can there be any interim period where I can avoid having this felony record comes up and in the meanwhile I will try to have this conviction set aside. I did quite a bit research and there are some (slim) chances that I can have conviction expunged. Though this will still show up on background check but I will have better chance of getting my case approved. So during change of status process, can there be some kind of 'pause' such that I can still stay here in US legally and try to work on getting conviction expunged?

Many thanks.

Without knowing what your conviction was for (and not wanting you to jeopardize your privacy by posting it here), I can't say for sure.

Heck, even if I knew what you were convicted of, and without more facts surrounding your case, I suggest you speak with an immigration lawyer about what options are available for you to pursue.

Yours is a very complicated and delicate legal problem.

You would be hurting yourself if you didn't speak with an attorney about your case.

Your idea has some merits, and some potential pitfalls, that could open you and your intended to intense scrutiny (if not legal jeopardy) by immigration authorities.

Invest a few hundred dollars in your future and hire a lawyer to address your concerns and issues.