Waiver for CIMT

[xclent]

Hello everyone

Let me first give you little bit info
*I am in status
*Have CIMT (from 2002, 6 years ago, no other criminal record)
*Married since mid of 2005 (wife is USC)

I want to start the process now, I didnt start the process because of CIMT (from 2002). its been 6 years now.

What are the chances of getting incountry waiver approval for felony CIMT (I didnt get , didnt serve any jail time, just probation which ended in 2005)

I am originally from Pakistan, my wife is also from Pakistan (naturalized in 2006)

[emt103c]

A lot is going to depend on the severity of the crime, and the "proof" of rehabilitation. In-country waivers are a lot harder to get approved, for some reason.

However, if they did not see this as a "deportable" offense, and you've had no other arrests since then, it would seem your chances go up a bit. If I were you, I would do a consultation or two and try to see what some experienced attorneys think when they hear the actual crime. . .

[xclent]

A lot is going to depend on the severity of the crime, and the "proof" of rehabilitation. In-country waivers are a lot harder to get approved, for some reason.

However, if they did not see this as a "deportable" offense, and you've had no other arrests since then, it would seem your chances go up a bit. If I were you, I would do a consultation or two and try to see what some experienced attorneys think when they hear the actual crime. . .

CIMT (receipt stolen property $1800-2000), no conviction, deferred action.
CIMT occured within 5 years (admission in US). I consulted Laura Scott too, she told me to wait a year more. But the things back in Pakistan are not good (family issues).

I want to know if any one get approved when the crime was just 6 years old.

[emt103c]

Laurel is the expert on stuff like this. . .her advice has consistently been that the longer there is since the conviction the better it is.

Everything is going to depend on your evidence and no one is going to be able to give you a hard answer. . .six years is a relatively long time. . .you could try your luck if you have a strong waiver package.

[xclent]

Laurel is the expert on stuff like this. . .her advice has consistently been that the longer there is since the conviction the better it is.

Everything is going to depend on your evidence and no one is going to be able to give you a hard answer. . .six years is a relatively long time. . .you could try your luck if you have a strong waiver package.

Definitely I am not going to do it myself. I will have attorney. I have narrowed my options for attorneys
1) www.visacentral.net
2) www.eaglejusticeusa.net

We are doing good here and have no hardships. But if we move back to our home country, life will be a mess. My wife is going to start her professional school in Jan 2009. Most common hardships will be
* Street Crimes
* Talibanization in northern part of Pakistan
* Week economy
* Her education
* Her family is here in US
* She came to US when she was teen, won't be able to continue her education in Pakistan
* Cost of living
* Threat to US citizens (But she was naturalized)
* We both want kid (s) but due to uncertainty about the waiver, we don't want to take any risk
* We both don't want to raise our kid(s) in Pakistan because we both have seen the difference in quality of life both here and there
* Poor health care. Good health care is available to rich people only.

She has elderly parents but she doesn't have to take care of them. I am not in good relation with her family therefore not counting any kind of moral support from them. If I have to go back, then she cant stay here alone, she definitely has to move with me. I don't know if this will count as a hardship and will improve my chances or it will be counted against me.

Practically I can say that I am only her family in US

[MistyB]

My ex husband committed CIMT in 1995. We did the waiver in 2005. By then he had married, had two children, and had a business. This was not in country though. EM is right. Those are a lot harder to get approved but not impossible.

[xclent]

My ex husband committed CIMT in 1995. We did the waiver in 2005. By then he had married, had two children, and had a business. This was not in country though. EM is right. Those are a lot harder to get approved but not impossible.

*We got married in Aug 05
*I completed my school (BS and MS) from xxx State University, USA. Hold a
part time job from Jan 06 - current (Academic support assistant)
*Paying taxes (Jointly)
*We don't want to have kids because we both think it is better not to have
kids then raising kids in Pakistan after living in US

That was the first and last CIMT (it was felony theft, according to state law).
Whatelse I can show as rehabilitation. What kind of hardships my wife can argue on ?

[emt103c]

The hardships will have to be to her. . .things like, is she in school now? Can you prove that it would be difficult for her to support herself without you? What type of work does she do?

The violence, we've already talked about (I sent you several links in a previous post of yours.) It's difficult, you said she is Pakistani, has she ever lived in Pakistan before? Does she speak Urdu or another Pakistani language?

[xclent]

The hardships will have to be to her. . .things like, is she in school now? Can you prove that it would be difficult for her to support herself without you? What type of work does she do?

The violence, we've already talked about (I sent you several links in a previous post of yours.) It's difficult, you said she is Pakistani, has she ever lived in Pakistan before? Does she speak Urdu or another Pakistani language?

She was born in Pakistan and came to US after completing 10th grade school. She speaks Urdu.

Here she works part time at the library and goes to school full time. I also work part time. Her family doesn't support us in any way. We are totally out of contact with her family.

If I have to leave, then she won't be able to live here alone and support.

[emt103c]

That along with the fact that she is going to school can be counted as hardships. Loss of educational status or years of time put in, or something that will cause a setback in educational status can count as hardships.

It is pretty easy to convince an American that one couldn't/shouldn't live in Pakistan. It's just this crazy "Extreme hardship" burden. . .

I feel silly that this is even an issue since you are already here that having to adjust status would be such a big deal! What is your status now?

[xclent]

That along with the fact that she is going to school can be counted as hardships. Loss of educational status or years of time put in, or something that will cause a setback in educational status can count as hardships.

It is pretty easy to convince an American that one couldn't/shouldn't live in Pakistan. It's just this crazy "Extreme hardship" burden. . .

I feel silly that this is even an issue since you are already here that having to adjust status would be such a big deal! What is your status now?

I am on F1 visa, doing masters (last semester). I did my BS in US too. CIMT occured in USA while on F1 (within 5 years of admission).

I am in status, work (part time) in school because of visa restrictions. We both work part time and make both ends meet.

I don't know how to put in words that my in laws (mother and father) will not even think of helping their daughter in any way. I don't know if this can be counted as hardship. If I leave, she cannot stay here alone.

[emt103c]

That can be counted, though it seems the strongest thing you have so far are security concerns which may not be strong enough to sway an in-country waiver.

What forms of rehabilitation did Laurel recommend?

Do you have people willing to write character references?

[xclent]

That can be counted, though it seems the strongest thing you have so far are security concerns which may not be strong enough to sway an in-country waiver.

What forms of rehabilitation did Laurel recommend?

Do you have people willing to write character references?

I have following hardships in my mind
* Her education (level ?)
* Her Nursing school (level 2)
* Security concern (level ?)
* Political unrest (level ? )
* Cost of living/inflation (level 3)
* Street crimes in Karachi (level 3)

My Rehabilitation
* No conviction, deferred action, no jail time, got probation fine and
community service
* In 2010 will qualify for expungment /seal my record
* Times passed 6 years

Laura's Advice
* Do some community service
* Complete MS
Edit:
My ex husband committed CIMT in 1995. We did the waiver in 2005. By then he had married, had two children, and had a business. This was not in country though. EM is right. Those are a lot harder to get approved but not impossible.

Did you concentrate on rehabilitation of your husband or extreme hardships to you. Because Laura advice to concentrate on rehabilitation for criminal waiver and in case of EWI or overstay, concentrate on hardships.

I didn't EWI and am still in status. Didn't work without authorization.
I first entered in US Aug2000 and went back for a month in Jul 2002. In worst case scenario, I will be able to get voluntary departure if my waiver is denied and put in removal proceedings since more than 5 years have passed when CIMT occured.

[emt103c]

Have you done any community service or volunteer work like she advised?

Is there anything stopping you from waiting until you can get it expunged (2010) Is your status going to expire? Even the expungement doesn't take it away for immigration purposes, but Laurel has stated many times that such a long time between you and the conviction helps in showing rehabilitation.

I do not think they will deport you if your petition is denied (which would take a bit of time anyway.) I AM NOT SURE, but I don't think they immediately revoke the status you already have. . .they just deny the adjustment and then even if they asked you to leave I wouldn't think they would immediately deport you. Did you ask Laurel this question? or Can you ask it on the chat tomorrow? (monki12 will ask for you if you post it in the chat section of the forum.)

[xclent]

I am in F1 status now. In Dec 2008, I will apply for OPT (optional practical training) after completing Masters program. OPT will be good for a year from Jan 1st 2009-Dec 31st 2009. Then in order to remain in status I will have to get back in school which I don't wanna do.

From Jan 1st 2010 - Nov 30th 2010 (earliest date to get it expunged/sealed).
I was never convicted according to state law, I accepted No Contest and the judge gave me deferred adjudication (But immigration law classify it as conviction because BIA interprets the law, after 1996 new laws)

I wanna know when should I start the process. I130, AOS and I-601. I don't wanna go out of status because Laura told me that it would be harder to get approval for CIMT + Overstay.

Suppose if I petition in Dec 2009, will I get any protected status?

[emt103c]

I am in F1 status now. In Dec 2008, I will apply for OPT (optional practical training) after completing Masters program. OPT will be good for a year from Jan 1st 2009-Dec 31st 2009. Then in order to remain in status I will have to get back in school which I don't wanna do.

From Jan 1st 2010 - Nov 30th 2010 (earliest date to get it expunged/sealed).
I was never convicted according to state law, I accepted No Contest and the judge gave me deferred adjudication (But immigration law classify it as conviction because BIA interprets the law, after 1996 new laws)

I wanna know when should I start the process. I130, AOS and I-601. I don't wanna go out of status because Laura told me that it would be harder to get approval for CIMT + Overstay.

Suppose if I petition in Dec 2009, will I get any protected status?

If I were you I would already be submitting the I-130/I-485 now, because of how long they take to process. Even if you want to delay the interview until the record is expunged you want to already have the primary forms in the process.

Your F1 is labeled Duration of Status, correct? This means that no overstay will accumulate, until you are declared "out of status" by an immigration official, not that you want to take this chance, but once you are declared out of status the next day only counts as "1" day out of status, and you have no ban up to 180 days.

It sounds like you need to get started and take your chances. . .do check the current processing times at your service center to make sure of a hypothetical timeline.

[xclent]

Yes, it is D/S. I just don't wanna go near the immigration before I complete my masters. Once I complete my masters, then I am ready to take all my chances (do or die).

What if I file I130/I485 together before the expiration of my OPT (hypothetically 30 Dec 2009), will it give me some protected status or I will accumulate illegal presence. In this way I will get 2 more years before the interview (supposedly) if i130/I485 takes 7-8 months.


I don't know where to get character references. My in laws will not. I have some friends (USC) and I worked 2 years (Jan 2003 - Dec 2004) as academic support assistant (part time, due to visa restrictions) in state university. I can get character reference letters from them. I have A++ performance there. They used to assess every employee at the end of each semester before offering job for the next semester. I was offered each time (consecutive 2 years). I quit after completing my BS.

Now I am working as instructional assistant at the same state university. I have worked with 3 different professors from Jan 2006 to May 2008. I can get character reference letters from them too.

But they don't know about my CIMT. But I am sure they will write excellent stuff about my character based on my performance at job.

[emt103c]

They don't have to know about the CIMT to give you a reference letter. If I were you, I wouldn't wait that long to file. . .IMO it will look bad if you don't start until your status technicallly expires, by completing school, but you could ask Laurel. . .I didn't have to do AOS so I'm not sure of that.

The people you mentioned would be good candidates for letters. Community service is still an option and letters from those involved would be a good idea.

[xclent]

What is the reference letter and IMO ?

Technically I will be in status till Dec 31 2009. I am planning to start mu process in April or May 2009. Laura told me to wait and get OPT.

She also told me once I130/I485 together, I will not accumulate any illegal presence.
In worst case scenario if my I601 get denied an leave US. In future I won't have to overcome any illegal presence

[emt103c]

Reference letter=Character reference letter

IMO=In my opinion

[MistyB]

I have following hardships in my mind
* Her education (level ?)
* Her Nursing school (level 2)
* Security concern (level ?)
* Political unrest (level ? )
* Cost of living/inflation (level 3)
* Street crimes in Karachi (level 3)

My Rehabilitation
* No conviction, deferred action, no jail time, got probation fine and
community service
* In 2010 will qualify for expungment /seal my record
* Times passed 6 years

Laura's Advice
* Do some community service
* Complete MS
Edit:


Did you concentrate on rehabilitation of your husband or extreme hardships to you. Because Laura advice to concentrate on rehabilitation for criminal waiver and in case of EWI or overstay, concentrate on hardships.

I didn't EWI and am still in status. Didn't work without authorization.
I first entered in US Aug2000 and went back for a month in Jul 2002. In worst case scenario, I will be able to get voluntary departure if my waiver is denied and put in removal proceedings since more than 5 years have passed when CIMT occured.



To answer your question I did a compare and contrast. You can find my approved HSL in the I-601 Western Europe section. I did also focus on his rehabilitation too towards more of the end of the letter. But by the time we did the waiver it had been almost ten years. His werent felonies. And he had done the offenses when he was very young. Barely 20. Plus we had children together and had been married alot longer. I was already living in the country so I could definitely relate the hardships we were undergoing while also the hardships I would face if I had to move back without him.

[xclent]

A lot is going to depend on the severity of the crime, and the "proof" of rehabilitation. In-country waivers are a lot harder to get approved, for some reason.

However, if they did not see this as a "deportable" offense, and you've had no other arrests since then, it would seem your chances go up a bit. If I were you, I would do a consultation or two and try to see what some experienced attorneys think when they hear the actual crime. . .

"deportable" offense ?

CIMT occured within 5 years of admission to US as Non-immigrant
Edit:
I m in status and if I file for AOS, I will be given "Pending adjustee" status.

My question is if my I-601 is denied, how much time I will have to leave the country without any illegal presence.