Should I linger after my probation ends until that time my immigration attorney can directory my papers for a spousal petition?

My lawyers says i need to lurk after my informal probation ends, then they can file the petition for me (I-130, I-485). I got married to my wife who is a US citizen and I be convicted of shoplifting on Jan 8, 2008. the 2 year informal probation ends on Jan 8, 2010, and my lawyer says that we should wallet the papers after Jan 8, 2010. Why are they delaying this? What problems might arise if I file the petition asap? I know there is a "petty offense exception" directive and my case falls under this because it is a single offense, the maximum possible jail time be 6 months only, and I did not do actual jail time. Please advise I don't want to gamble away money anymore. I have made a lot of consultations with different lawyer around 12 maybe and all of them say that its not a problem as long as its a single petty offense, and we lately have to sign a waiver. But when I actually hired a lawyer, this attorney all of a sudden told me to wait after my probation before they can record my papers to the INS. I will not be able to work for 1 year because I dont have a work permit, and my papers will absolutely be delayed. I am thinking of getting another lawyer who is more specialized in this area and firing my current attorney. My current lawyer says they can file it right in a minute, but i will have to sign a waiver that if the outcome is bad (deportation) that they will not be responsible for it, because the lawyer can lose his license. Please support.
Answers:   
Why do you have a lawyer? Just database the papers yourself. Make sure you have read all the information on the matter and after file the papers. Maybe the lawyers feel it would be better to enjoy the situation taken care of, but maybe they are just trying to obtain more money out of you. When you get your immigration papers because you are married to a US citizen, you have a conditional green card for two years anyways. Then you have to petition to get hold of a unconditional green card. So I don't see why you would have to wait. You will be able to work beside the conditional green card, but you need to get the process rolling or you won't be working for quite some time.

Of course, I don't follow if you are illegally here and you broke the law, you would have two strikes against you. Why are you still here?

It is severely hard and expensive to do immigration legally, but it is worth it.
Shoplifting is a crime of moral turpitude and it is a big deal. Immigration law is different than other forms. In the scheme of natural life or the criminal justice system, it's not a huge deal, but don't fool yourself into thinking that it's nothing. IMHO, you are creating a mess by not listen to your attorney and submitting applications. Okay, of course, it's not good to be an overstay, but being a convicted raider without paying your debt to society is worse. You will probably be denied without successful completion of the parole. Honestly it will come down to whether your application is reviewed before your parole is completed. Several years ago, it took years, but very soon applications are moving fairly quickly. It's up to you whether you want to take that occasion. You are already out of status. If you submit your papers and then are denied, you could be removed from the country. Can you get the H4 renewed? I know it's a pain, but better past the worst than sorry and why pay for an attorney if you aren't going to listen. Good luck. CL
Wow, is our system broke, you steal and stay....great!


Resolved Questions:
Will immigration reorganize help out me?
I own a business and have always had Mexicans working for me. Boy, I'll explain to you, they are the hardest working individuals. Will McCain's immigration reform help my business? I hope he makes it easier for these little fellow to make it over here. After all, they're only probing for a better living. Legal immigrants then...

5828-5.html