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Should I wait after my probation ends before my immigration lawyer can file my papers for a spousal petition?

Question by vincentpjimenez: Should I wait after my probation ends before my immigration lawyer can file my papers for a spousal petition?
My lawyers says i need to wait 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 was convicted of shoplifting on Jan 8, 2008. the 2 year informal probation ends on Jan 8, 2010, and my lawyer says that we should file 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” law and my case falls under this because it is a single offense, the maximum possible jail time was 6 months only, and I did not do actual jail time. Please advise I don’t want to waste money anymore. I have made a lot of consultations with different lawyers around 12 maybe and all of them say that its not a problem as long as its a single petty offense, and we just have to sign a waiver. But when I actually hired a lawyer, this lawyer all of a sudden told me to wait after my probation before they can file 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 definitely be delayed. I am thinking of getting another lawyer who is more specialized in this area and firing my current lawyer. My current lawyer says they can file it right now, 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 advise.
I am here legally up until Jan 1, 2009, when my H-4 visa expired. I got arrested on Oct 25, 2007 while I was still in status.

Best answer:

Answer by Lawenforcer
Wow, is our system broke, you steal and stay….great!!!

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