I-601 waiver?????????????

[seasun]

My boyfriend and I been toguether a little over 2yrs, we had a beutifull relationship I have three kids from previous marriage, Im divorce. He has been detained by INS for 2months now. He came to this country from Macedonia 2004 on a C-1 Visa, he can't change status. He was charged with an aggravated assault wish now went down to simple assault, it was an identity mistake but we need a lot of money for lawyers to prove it so he is pleeding guilty to simple assault and taking voluntary departure as soon as the criminal case ends. We have spent over $7,000 and he still in detention, the INS set bail at 35,000. so we could not post it anyways. I know he is gonna have to be away from usa for 10 yrs, our imm. lawyer told me about the I-601 waiver but he tells me we need to prove extreme hardship would diabetis with some complications be consider one??? and there are other things too, any ways we were planning to get married before he leaves to his country would that be better??? or should I go marry him in his country??? We dont want to give up, we love each other dearly and we cant just give up like that, we want to try everything we can, are there any other waivers that we need to file??? Please someone give me some advice we need it and we are running out of money and time...thanks

[Laura]

Seasun - you might want to read the guide in my signature. Your boyfriend will have to become your spouse or you can file as fiancees. I'm not sure what is faster for Macedonia, but the fiance process is probably faster. You would file a K-1 petition and then once he gets his consular interview you would have to file the I-601. You would have to prove that you will suffer extreme hardship if he cannot return to the U.S. for 10 years. You would be arguing things that require you remain in the U.S. and reasons you cannot move to his country. It's definitely worth the effort. It's actually unfortunate he is pleading guilty because you will have to overcome criminal history for the waiver.

You might want to consult with Laurel Scott (an immigration attorney who specializes in waivers and has done lots of criminal waivers) to get an idea of what you are up against.

Good luck and welcome!

[seasun]

Seasun - you might want to read the guide in my signature. Your boyfriend will have to become your spouse or you can file as fiancees. I'm not sure what is faster for Macedonia, but the fiance process is probably faster. You would file a K-1 petition and then once he gets his consular interview you would have to file the I-601. You would have to prove that you will suffer extreme hardship if he cannot return to the U.S. for 10 years. You would be arguing things that require you remain in the U.S. and reasons you cannot move to his country. It's definitely worth the effort. It's actually unfortunate he is pleading guilty because you will have to overcome criminal history for the waiver.

You might want to consult with Laurel Scott (an immigration attorney who specializes in waivers and has done lots of criminal waivers) to get an idea of what you are up against.

Good luck and welcome!
I wanted to ask you if we get married before he goes back to masedonia do you think it will be more complicated should we not get married now and do the fiance visa first, I may have allready ask you but this is so confusing. We think if we get marry before he goes we would have a better chance but then getting married in a hurry it will give a bad impression, but we reallly wanted to get married now when he comes out of jail (if he ever does) What do you think??? and where do I go to get started on the visa, what to do? do I need a lawyer?

[seasun]

I wanted to ask you if we get married before he goes back to masedonia do you think it will be more complicated should we not get married now and do the fiance visa first, I may have allready ask you but this is so confusing. We think if we get marry before he goes we would have a better chance but then getting married in a hurry it will give a bad impression, but we reallly wanted to get married now when he comes out of jail (if he ever does) What do you think??? and where do I go to get started on the visa, what to do? do I need a lawyer? Im sorry the question really is, is it better to get marry now if we have a chance cause it will be very hard for me to travel to his country to get marry if they deny the visa.

[xclent]

Laura Scott is a very good lawyer, I also consulted with her about my case. I also have to file I-601 for CIMT. Laura told me to do few things related to rehabilitation before filing I-601.

Is there any way that he can skip pleading guilty/nolo contendo. In some states, pre-trial diversion program are the best alternates to pleading guilty/nolo contendo.

If there is no plea, then it is not considered conviction.

[Laura]

Laura Scott is a very good lawyer, I also consulted with her about my case. I also have to file I-601 for CIMT. Laura told me to do few things related to rehabilitation before filing I-601.

Is there any way that he can skip pleading guilty/nolo contendo. In some states, pre-trial diversion program are the best alternates to pleading guilty/nolo contendo.

If there is no plea, then it is not considered conviction.

Okay just to clarify - Laurel Scott is the attorney, not to be confused with me, Laura, obsessive I2US poster.

[seasun]

Laura Scott is a very good lawyer, I also consulted with her about my case. I also have to file I-601 for CIMT. Laura told me to do few things related to rehabilitation before filing I-601.

Is there any way that he can skip pleading guilty/nolo contendo. In some states, pre-trial diversion program are the best alternates to pleading guilty/nolo contendo.

If there is no plea, then it is not considered conviction.

No, they offer him to plea guilty on simple assault charges from aggravated assault, they really dont have a case but they are threating to take the case to a grand jury if he doesnt agree and that will be a chance that is really not gonna help and we have no money to keep on with this and he is getting the voluntary departure if we dont move fast on the criminal case he's gonna end up being deported without fixing the criminal case and we feel that we have no other choice and the lawyers we hired I could see that they screw us and we are running out of money and time...
:dunno:The immigration judge offer him the voluntary dep. under safeguards but he said no cause he wants to be able to spend some time with me and the children and really figure out what we're gonna do, tomorrow we are going to imm. court to see if they low down the bail cause the criminal case its almost over, lets see what happens...

[seasun]

Okay just to clarify - Laurel Scott is the attorney, not to be confused with me, Laura, obsessive I2US poster.Acctually after reading your notes and stuff you should be a lawyer, you have done a great job helping others even in spanish that was so nice thanks!! God bless you!!!:thumbup:

[Laura]

Acctually after reading your notes and stuff you should be a lawyer, you have done a great job helping others even in spanish that was so nice thanks!! God bless you!!!:thumbup:

:) Thanks I am starting law school in the fall!

[seasun]

:) Thanks I am starting law school in the fall!
Hi! hope youre doing great! Sorry to bother you with my messages but my boyfriends case seem to have change and I need someones opinion ,well I still can not believe what I heard today at imm court, If is true its great!!! Ok here it is, we went to court for reduction of bail today the judge will not agree but he gave me a chance to speak i explain that even if he is taking the voluntary departure we wanted him to spend some time with the kids(previous marriage) and me and that we get everything in order before he goes cause we are afraid of the automatically 10yr bar for overstaying over a year, well this was the judge's answer one I could still not believe: Lady, listen I am not deporting him, he will not be punish, he could come back as soon as possible!!! I ask him like twice I could not believe what I was hearing and the judge reassure me that he will not get 3,5 or 10yr bar. Can this be true, have you ever heard this before please tell me its true and how I can be sure that the judge will really do this???:bounce:

[xclent]

Hi! hope youre doing great! Sorry to bother you with my messages but my boyfriends case seem to have change and I need someones opinion ,well I still can not believe what I heard today at imm court, If is true its great!!! Ok here it is, we went to court for reduction of bail today the judge will not agree but he gave me a chance to speak i explain that even if he is taking the voluntary departure we wanted him to spend some time with the kids(previous marriage) and me and that we get everything in order before he goes cause we are afraid of the automatically 10yr bar for overstaying over a year, well this was the judge's answer one I could still not believe: Lady, listen I am not deporting him, he will not be punish, he could come back as soon as possible!!! I ask him like twice I could not believe what I was hearing and the judge reassure me that he will not get 3,5 or 10yr bar. Can this be true, have you ever heard this before please tell me its true and how I can be sure that the judge will really do this???:bounce:

Before he pleads guilty make sure that the charge doesn't fall in "Crime of Moral Turpitude" category. If it does, then he will need waiver before he can get back to US.

[seasun]

Before he pleads guilty make sure that the charge doesn't fall in "Crime of Moral Turpitude" category. If it does, then he will need waiver before he can get back to US.Hi! I talked to the lawyers and they told me it is not it is a dissoredly conduct offence. Acctually we went to imm court today to lower down the bail but it was denied but the judge its giving him the voluntary departure and actually I want your honest respond to this: The judge reasure us like three times cause I asked about the 10yr bar because of his overstayed and the judge said to us that he was not deporting him so he is not giving him any bar or ban that he could come back whenever he was ready, after hearing this i can not believe it, Could this be for reall?????? Can the judge not penalize him, have you seen this before?????
Please get back to me!!!:blush:

[Shrek]

Did he overstay his visa before he was arrested? If he overstayed more than 180 days but less than a year, he is barred for 3 years, if he overstayed a year or more, he is barred for 10 years. In either of these cases, he will need a waiver to return, regardless of what the judge said.

[seasun]

Did he overstay his visa before he was arrested? If he overstayed more than 180 days but less than a year, he is barred for 3 years, if he overstayed a year or more, he is barred for 10 years. In either of these cases, he will need a waiver to return, regardless of what the judge said.
I dont mean to be rude but are you sure cause the judge reassured us that he would not be punished, he said it in front of everyone, and our lawyer said that the judge could do that, but it might be too good to be true, thanks:erm:

[seasun]

Did he overstay his visa before he was arrested? If he overstayed more than 180 days but less than a year, he is barred for 3 years, if he overstayed a year or more, he is barred for 10 years. In either of these cases, he will need a waiver to return, regardless of what the judge said.

oh! yes he overstay before he got arrested and he has a c-1 visa anyways.:shy:

[Shrek]

He has to apply for a new visa at the consulate in Macedonia. He will be denied due to his overstay. The judge has nothing to do with that, it is the law as specified in the Immigration and Nationality Act. The ban is automatic and must be waived in order to obtain a new visa. A US citizen can file a waiver for a spouse, fiance, son or daughter.

[seasun]

He has to apply for a new visa at the consulate in Macedonia. He will be denied due to his overstay. The judge has nothing to do with that, it is the law as specified in the Immigration and Nationality Act. The ban is automatic and must be waived in order to obtain a new visa. A US citizen can file a waiver for a spouse, fiance, son or daughter.

This is bad news but what to do. I just dont understand why the judge will lie like that he sounded so real.:shy:

[JMRJ]

I don't think the judge is lying. *Maybe* what the judge was trying to convey was that your fiancee has a chance to adjust status to permanent residency without leaving the U.S. since he entered with inspection? That way, he will not trigger the 10 year bar.

You guys really need a competent attorney to review the details of his case especially the nature of his criminal offense because you are saying that the aggravated assault charge went down to a simple assault. Am I understanding you correctly? You should not ask for a voluntary departure if you think there is a better form of relief available for him. It will ban him from re-entering the U.S. for 10 years and you will need a waiver to overcome the bar.You need a lawyer experienced in representing clients before the Immigration Judge.

[Laura]

I think it's pretty common stuff that judges don't understand the ramifications when someone who is living in the U.S. illegally exits the U.S. He said he wasn't deporting your husband, meaning he won't have a deportation bar and require an I-212 waiver, but that's totally independent of the fact that your husband has been unlawfully present for more than a year and still requires the I-601 once he exits the U.S.

[ojos_de_alicia]

ditto with laura.. the judge isnt lying hes just saying that hes not deporting him meaning no 10 year ban FOR DEPORTATION... what he's not gtting at is that there IS a 10 year bar for illegal presence u see? theres 10 year bars for more than one thing. he will need the waiver.

[seasun]

I don't think the judge is lying. *Maybe* what the judge was trying to convey was that your fiancee has a chance to adjust status to permanent residency without leaving the U.S. since he entered with inspection? That way, he will not trigger the 10 year bar.

You guys really need a competent attorney to review the details of his case especially the nature of his criminal offense because you are saying that the aggravated assault charge went down to a simple assault. Am I understanding you correctly? You should not ask for a voluntary departure if you think there is a better form of relief available for him. It will ban him from re-entering the U.S. for 10 years and you will need a waiver to overcome the bar.You need a lawyer experienced in representing clients before the Immigration Judge.

He came with a C-1 visa he can not adjust status he has to go back, I knew that we were gonna need the waiver but I missunderstood the judge now I understand. He's been in jail for three mths now and the judge offer voluntary dep cause there's no other way he can stay. About the criminal case well I know the charges are less now, and we believe he is not guilty but he was offer to plea guilty and its getting very tough in jail and we fell there is no other way out but we are really having second thoughts...I really feel hopeless we have spend over $10,000. and nothing is clear, I really want him out of jail even going back to masedonia so we could get started on our paper work and hope for the best, there are ways we know that we just gotta find them. I am gonna talk to other lawyers and see what happens. Thanks for your support...:shy:

[seasun]

ditto with laura.. the judge isnt lying hes just saying that hes not deporting him meaning no 10 year ban FOR DEPORTATION... what he's not gtting at is that there IS a 10 year bar for illegal presence u see? theres 10 year bars for more than one thing. he will need the waiver.

thanks I get it now:sad:

[seasun]

I think it's pretty common stuff that judges don't understand the ramifications when someone who is living in the U.S. illegally exits the U.S. He said he wasn't deporting your husband, meaning he won't have a deportation bar and require an I-212 waiver, but that's totally independent of the fact that your husband has been unlawfully present for more than a year and still requires the I-601 once he exits the U.S.

Thank you Im starting to understand now thanks to all of you. But I still cant understand how the judge did not explain right cause he assure that he could come back right away, so easy ha. :erm::curse::crazy:

[Shrek]

Thank you Im starting to understand now thanks to all of you. But I still cant understand how the judge did not explain right cause he assure that he could come back right away, so easy ha. :erm::curse::crazy:

I don't think the judge was even thinking about the overstay. Your fiance could come back, IF he had a valid visa. The problem is that he is ineligible to get a visa due to the overstay. You would naturally think that the judge would know this, but I guess they are dealing with a different aspect of the law and aren't aware of what is required to obtain a visa.

[seasun]

Acctualy I do remember telling the judge about the overstay and he still said he would not get the 10yrs, but anyways Im just waiting to go to court on wed to end the criminal case and then I believe the following week we go for the voluntary dep. so then I get his plane ticket...and start paper work...

[Shrek]

I still think you should consult with a good immigration lawyer about the voluntary departure. Once he leaves the country, that's it, the waiver is required. There may be other options. See if there is some way to marry him here and keep him here to adjust status. Perhaps you can fight the deportation. Talk to Laurel Scott or Heather Poole. Somemes voluntary departure is not the way to go. You need expert advice so you don't do something that you are going to regret. Anything is easier to do while he is still in the US.

[seasun]

I still think you should consult with a good immigration lawyer about the voluntary departure. Once he leaves the country, that's it, the waiver is required. There may be other options. See if there is some way to marry him here and keep him here to adjust status. Perhaps you can fight the deportation. Talk to Laurel Scott or Heather Poole. Somemes voluntary departure is not the way to go. You need expert advice so you don't do something that you are going to regret. Anything is easier to do while he is still in the US.

I have ask different lawyers and the only way is getting asylum and he never did try cause all he has is a C-1 visa its a crewmen visa there is no way he could change status so his only option is voluntary dep.but I am gonna call Laurel for a consultation on monday or tuesday and who is Heather Poole? He should be going next month so he is gonna arrange the wedding in Macedonia and Im going in June or July down there, I mean if everything we are planning works out then when I come back I start the paper work like I-130 and the 601 waiver and pray to God that everything works out, but yea before I do all this I need more advice on what is best, cause some people tell me that we dont have to be married for the waiver and others tell me I do, anyways we want to get marry and we want to be together so I might go to Macedonia to visist anyways, then again I was reading the inst. for I-130 and it says that he has to be living out of USA for 2yrs before I could do it so I dont know its, all so complicated, I do want to hire another lawyer but like I said before the one we have now does not know anything and we pay him over $4,000. allready and we dont care to spend money on this but nothing was done all he did was go to the court and hardly even talk cause even the judge ask my boyfriend if he wanted me to talk instead of the lawyer one time and after I talk, the judge agreed to give him bail its just too high for us to pay, but anyways thanks for all your help we appreciate all the info we could get. Another thing I know its hard to get the waiver but what do you think?? Can you tell me some of the things theyre looking for?? Cause I think I got good ones but need to get them together, thanks:wink:

[JMRJ]

Hi! I talked to the lawyers and they told me it is not it is a dissoredly conduct offence. Acctually we went to imm court today to lower down the bail but it was denied but the judge its giving him the voluntary departure and actually I want your honest respond to this:
Who are the lawyers you've talked to? If the crime is not serious, why the judge won't lower the bond?

It is easier to negotiate with a plea bargain before conviction and I understand your concern that you want your boyfriend to be released earlier from the jail but you need to know the exact immigration consequences of pleading guilty. Usually plea of guilty counts as a conviction for immigration purposes. Even diversion can count as a conviction for immigration purposes. Before you accept a plea bargain, you need to check with an immigration lawyer who has knowledge with criminal issues. You will want to know how it will affect your plans of getting him legally regulated.

Heather Poole I believe does consultations for free. Laurel Scott is very reasonable. They can advice you through proper channels.

[seasun]

Who are the lawyers you've talked to? If the crime is not serious, why the judge won't lower the bond?

It is easier to negotiate with a plea bargain before conviction and I understand your concern that you want your boyfriend to be released earlier from the jail but you need to know the exact immigration consequences of pleading guilty. Usually plea of guilty counts as a conviction for immigration purposes. Even diversion can count as a conviction for immigration purposes. Before you accept a plea bargain, you need to check with an immigration lawyer who has knowledge with criminal issues. You will want to know how it will affect your plans of getting him legally regulated.

Heather Poole I believe does consultations for free. Laurel Scott is very reasonable. They can advice you through proper channels.

The judge said he wont lower the bond cause he is afraid my boyfriend wont leave the US and that will be worse for him and because he has no kind of relief there is really no reason to do it, I told him about the criminal case and the judge said he did not care even if everything comes out good with the case he would not lower bail, I told the judge all the money we have spend even my boyfriend went to the police when imm took him he allready had gone to court once and we got affidavis from friends and neighbors showing his good character, told him how my kids would like to spend time with him before he goes and he said no that we were gonna be together when I go get him in Macedonia that there are ways to get him back and that he could see our love was strong to fight. The judge said nice things, but he said if we could make the 35,000. he would give him time, he also said if the criminal case was bad he would not grant the voluntary dep. Now we are thinking about when he pleads guilty to simple assault wich the imm lawyer that we have says it a pitty offense (something like that) I am afraid that by him pleading guilty to it its gonna be bad I need to find out soon cause we have court on wed for the criminal charges, can you guys try to find out for me too, the thing is that if he does not plea guilty the prosecutor said he would take the case to superior court and try the agravated assault charges and thats worse then our criminal lawyer does not give a ..... about us I could see it, but I have a feeling that they are offering simple cause they have nothing against my baby... and the victim is asking for money and my baby has to pay them $750. and plea guilty I dont know what to do but I am having second thoughts about this I need to speak to someone soon...:shy:

[seasun]

Can someone give me the # for Heather Poole, thanks

[Luckysprite]

Can someone give me the # for Heather Poole, thanks

Here is a link to Heather Poole's website. Her contact information can be found there. Good Luck Seasun.

http://www.humanrightsattorney.com/

[JMRJ]

he also said if the criminal case was bad he would not grant the voluntary dep.


Restrictions for VD eligibility is not a long list; only aggravated felons, persons engaged with terrorist activities and arriving aliens are not eligible for VD. That is what the judge meant for *bad*.

You may want to make sure how is the plea bargain will affect your future plans of getting him a green card. You may want to make sure you won't need to overcome a criminal ground of inadmissibility for an I-601. The charges against him involve violence. You need an immigration lawyer who deals with criminal issues review his immigration documents, police reports, charging papers before negotiating a plea. Again an immigration lawyer recommended by this site.. Not just a criminal defense lawyer.

[seasun]

Here is a link to Heather Poole's website. Her contact information can be found there. Good Luck Seasun.

http://www.humanrightsattorney.com/

Thank you I allready email her and gave some info about our case I hope she gets back to me soon thanks

[Shrek]

Thank you I allready email her and gave some info about our case I hope she gets back to me soon thanks

You will probably hear from her by Monday night. She is usually very quick with a reply. I think Laurel Scott charges $125 for a consultation, again, money well spent. There are cases when it is better to let immigration start deportation proceedings instead of taking voluntary departure. Why plead guilty to a crime he didn't commit? I still think it may be wise to get married here. A waiver is available for a spouse or a fiance. Are you saying even if he hadn't been arrested if you got married he couldn't stay because he entered on a C-1 visa? I really know nothing about the C-1. I just know that if he entered legally on a tourist visa, etc, and married a US citizen, even if he had overstayed his visa, he wouln't have to leave the country or file a waiver.

Good luck to you. I hope you get this resolved the best way possible.

[seasun]

You will probably hear from her by Monday night. She is usually very quick with a reply. I think Laurel Scott charges $125 for a consultation, again, money well spent. There are cases when it is better to let immigration start deportation proceedings instead of taking voluntary departure. Why plead guilty to a crime he didn't commit? I still think it may be wise to get married here. A waiver is available for a spouse or a fiance. Are you saying even if he hadn't been arrested if you got married he couldn't stay because he entered on a C-1 visa? I really know nothing about the C-1. I just know that if he entered legally on a tourist visa, etc, and married a US citizen, even if he had overstayed his visa, he wouln't have to leave the country or file a waiver.

Good luck to you. I hope you get this resolved the best way possible.

yes aC-1 visa is to work on a cruise he could only be in US land 28 days basically he had to live in the cruise not in US, and thats one of the visas that can not change status. If he doest plea guilty to simple assault they said they will try to find him guilty of aggravated assault and is a chance that we will have to take and with our luck if they find him guilty of those charges it will be worse for him to come back.