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dreamer73
05-05-2008, 08:20 PM
Hello to every one,am so thrilled to find u folks,and to share with some one ho have the same situation and experience on this matter,bellive its hard to find some one ho can understand what u passing through,am talking on behalf of my wife hos usc and me ,so this is our story,ie been deported for almost 6 years now,i overstay my visa tourist for over one year,so i have a 10 year ban,plus two(cimt)one assult and one larceny and one misdemeanors,and aftre one year of deportation,my wife and i wer trying to to work my case with imigration lawyer ,after consulting two of them,they just stole our money and not doing much,so we just lay low for little bite intel,last month,my wife(usc) found a lawyer ho at least told us the truth and said to us that we can file as long as there is no jail time and no aggreveted felony,but it would be very very very hard but its duable.

All i want to know if some one had a simillar case and what is my chances on this case,and should i trust this lawyer(after what the others did to us) and i really want some response from people ho passed from the same situation,and how long the process take ?????,by the way am from casablanca in morocco


One more thing : the consulate officer is the one ho can approuve your case or not ?????

Thank u so much an dits was relief to find such forum like this one.


I would appreciate any general advice or knowledge on this matter.

Laura
05-05-2008, 08:55 PM
Hi dreamer,

What country are you from?

I personally think it's going to be very difficult to overcome a charge for assault and larceny but the older the crimes the better.

Have you filed any petitions or anything yet? Like the I-130?

dreamer73
05-05-2008, 10:30 PM
am from morocco,north africa,and no, we didnt file anything yet with the lawyer,my wife told her that is worth thinking about,and i dont have any criimnal record here.
and thanks for ur replying

jsierra1982
05-05-2008, 10:59 PM
i don't have any answers but wanted to say welcome!

adeildo
05-05-2008, 11:32 PM
welcome and good luck!!!

seasun
05-06-2008, 04:48 AM
Welcome! My boyfriends case is similar to yours he has criminal charges pending and he has been voluntary deported 1mth already, he is in Macedonia and most of the lawyers that we have ask say the chances are very little for him to comeback or none and yea I also had issues with a lawyer that took our money too and didnt do anything, but we are gonna try everything we can, and pray to God, cause we cant give up just like that our love is strong enough to try, we wont give up without a fight. Hopefully soon Im going down there to marry him if everything works out like we are planning. Please everyone keep us in your prayers. As soon as I know for sure Ill let everyone know. Good luck and just try and find out everything you can and see what you could do.

ictomi
05-06-2008, 11:02 AM
Hi Dreamer,

I am filing for my husband, he is from Tunisia. Our case is similar to your, You might as well file the I-130, if it has not been done already this would have been the least your layers could have done for you.
This process is not easy but I think you have a chance as long as you can prove that your CIMT is something you are no longer at risk for repeating, you will have to have documented proof to back everything up.

dreamer73
05-06-2008, 01:54 PM
thank you so much for ur support,u guys are the best ever,and yes we love each other to dath we been with each other for 10years,and we ready to fight this no matter what happend no body can take our love,plus we planing of having kids,so laurafern11,u think that we have to wait for bit more befor filling because of my CR????,and thanks again ,ive been to others forums but they been so rude,but in here u guys are so sweet and so into each case

dreamer73
05-06-2008, 02:00 PM
+,my wife hade to quit every two years to come visit me,cauze like u know ,that they only give two weeks for acation,and bellive me ,its not enough(two weeks in a year) its inliveble,i mean iam a men i can handle it ,but not my wife,so shes comming for three months to be with me,and after that she will go and start the hole procedure

Laura
05-06-2008, 02:24 PM
So, the criminal record is from Morocco? When did those crimes you mentioned in the first post happen?

ictomi
05-06-2008, 03:51 PM
Did you receive a sentence and jail time with your crimes? If you did you will have to wait your maximum sentences before you can apply (This is what I was told at the embassy when I asked). How long ago where your crimes and where?

dreamer73
05-06-2008, 04:31 PM
for laurafern11,unfortunately,they wer taking place in USA but what i meant is that i dont have any in ,my home country but i dont think that they would care about my moroccan CR,and for ictomi,no ididnt get any jail time, for the assult i had one year prob + 40hours CS and for the shoplifting they give me one year pre-trial probation and its 6 and half years since the crimes happend,and it was in boston ma.

thanks again

Laura
05-06-2008, 04:48 PM
They care about your CR anywhere. You will have to get police certificates which will show that you don't have a record in Morocco.

6 years ago is okay, not great. You really should consult with Laurel Scott (visacentral.net) to get an idea of your chances with the I-601.

ictomi
05-06-2008, 05:58 PM
I agree with Laurafern, If I were in your situation I would consult with one of the Recommended Lawyers.

My Husbands CIMT was 10 years ago and in his home county before he was ever in the US, so yes they do care if you have a CR anywhere and at anytime.

It would be good idea to check and make sure your record in Morocco is clean before you consult with a lawyer so you know all the facts.

moeaboelela
05-06-2008, 08:06 PM
They would have to get all the police records from any place that you spent 6 months plus...

dreamer73
05-06-2008, 09:55 PM
ok,thank u all,i will go and get it tomorow,but am confident,so ICTOMI,they approuved your I-130???

and am sorry if am asking a lots of question

Adriane
05-06-2008, 10:16 PM
An I-130 is generally approved if the documents you send along to support it validating your marriage are acceptable to USCIS- It starts the process- it in no way guarantees that a waiver will be approved (which is what you will need.)

dreamer73
05-06-2008, 10:21 PM
thanks ADRIANE,so,what uthink should i do?????

Adriane
05-06-2008, 10:40 PM
I think the attorney who spoke to your wife is right- it's going to be a very, very, very difficult case.

You'll need to overcome the overstay, plus the deportation, plus the TWO CIMTs.... And I assume the assault was a 'violent crime?'

Are you certain that you have no criminal record in Morocco or anywhere else?

I really don't think that this is the sort of waiver case I would attempt on my own. I would look for an attorney who specializes in I-601's for CIMTs.

Six years ago and the fact that they happened in the US really don't help. I don't know enough about this to say for certain, so please check with an attorney, but the details of your particular crimes may make the difference here. I think there is just too many variables to make any sort of decision without the legal guidance of someone who specializes in CIMT, not just I-601s or immigration.

Your ban for overstaying your visa will be up 10 years after you departed, but the CIMT ban is in place forever and will always need to be waived....

dreamer73
05-06-2008, 11:04 PM
am 100% sure that i dont have any CR,i n morocco or esle where,no the assulte it wasent violent crime we didnt fight or anything,it was just an argue,just with word in work,and he called police on me,after that we went to court ,hi wanted to drop the charge and the judge didnt want to,again we didnt touch each other ,yeah i got the file under my eyes now,they give me CWOF,supervised probation.

ictomi
05-06-2008, 11:42 PM
You will need to get proof that this is what happened, assault is a very serous charge. Transcript of the court case would be hard to get but would be the best evidence, other then that get co-works or bosses to wright a letter for you concerning this event. You will also need something to prove you are not a violent person.

About the second CIMT you will need to get proof of some sort that you not at risk at committing this crime again/ not a repeat offender. I don't really now how you are going to do that but get creative and good luck.

I don't know anything about Deportation but I guess its just one more thing you will have to address.

dreamer73
05-06-2008, 11:52 PM
am aware about my situation,was young and stupid,and now,am paying it,so ,i know that am going to get into a loosing battle,but we will fight this no matter what,and again,thank u all very very much

shannon
05-07-2008, 12:13 PM
Hi Dreamer, good luck to you. Please consult with an attorney and don't do this on your own.
Assault conviction may or may not be a CIMT. They make a distinction between "simple" assault and "aggravated" assault.
But your case will be difficult.
My fiance's case is also CIMT. Not in America, he's never been here. We are waiting on the outcome.