statute of limitations for CIMT

[kjames]

I was reviewing information under how DHS adjucates waivers under resources section and it states (I paraphrase) ... OR automatically approved after 15 years since incident. This was sent in by KNIGHT. Is this information accurate? Is this a general rule? I ask this because I was told similar information by a consul but I've yet to find documents actually stating this.

[Laura]

http://immigrate2us.net/forum/showthread.php?t=126

This is the post in question. Frankly, I'm not sure if that is true. I know there are cases where a crime has been very old, I believe more than 15 years old, and the person has still needed a waiver for a CIMT. I'm not sure how old or accurate that information is. I don't think Knight is a current member.

Have you consulted any attorneys? Laurel Scott (http://visacentral.net) comes highly recommended here for criminal waivers.

[emt103c]

This will answer pretty much any question regarding this statute:

www.state.gov/documents/organization/86942.pdf

On pp. 14 of the document is the only mention of a 15 year provision which is that after 15 years they are eligible to file a waiver, not immediately be approved.

This does not seem to imply that the waiver would be immediately granted.

[kenaly]

My husband CIMT was in '88, and his interview was in 2005. He still had to file the I-601.

[emt103c]

Kenaly,

This provision is UNREAL. I cannot believe that there is actually a part in this law that says that just because the offence was not tried does not change the fact that it makes you inadmissible.

This stuff is so anti-constitution.

[kjames]

Thanks for the information! I will be consulting Laurel Scott soon and I will try to get a definitive answer from the consulate. I will post all information I receive.