i-601 for overstay, criminal history doesnt make me inadmissible

[falperb]

thank your for the replies

[ratito921]

I don't know I'm sure there are other people on here that might know. But I would recommend talking with Laurel Scott. She has a free chat on Wednesdays at www.visacentral.net She can answer any questions that you might have. Good luck!

[Laura]

I think the general consensus is that any criminal history is taken into account when the waiver is processed. The more immigration issues or criminal things that come into play, generally the more extreme hardship you have to prove.

You might do a consult with a trusted attorney like Laurel who specializes in I-601 waivers or visit her chat tomorrow at 11:00 at the website Ratito mentioned.

[sillygiggle]

I would get an attorney. But, my husband had offences on his record that occured before he was 18-those, according to our lawyer, did not count. Also, if your offences occurred OVER 15 years ago, you may be eligible for the 212H waiver, and may not have to do the 601 at all.

[falperb]

Thank you for your replies

[pen1137]

falperb-

the 601 waiver will take care of the overstay and any criminal charges...just make sure the hardship is strong enough for both in case you need to address the criminal aspect, too.

best of luck!

[kitkat1]

I say my criminal history did NOT make me inadmissible by law that means I dont need to file any criminal waiver. thats what the embassy said when we went to the interview. they said I need 601 just for the overstaying more than one year. what that means is if I didnt have the overstaying problem then I would get the visa without filing any waiver. but I wonder if the offenses effect the waiver that has nothing to do with the criminal mattrers. I will ask this question to Laurel Scott also on wednesday thank you for your replies

The under 18 part applies to ONE crime. According to the law:

http://travel.state.gov/visa/frvi/ineligibilities/ineligibilities_1364.html

Exception.-Clause (i)(I) shall not apply to an alien who committed only one crime if-

(I) the crime was committed when the alien was under 18 years of age, and the crime was committed (and the alien released from any confinement to a prison or correctional institution imposed for the crime) more than 5 years before the date of application for a visa

Any alien convicted of 2 or more offenses (other than purely political offenses), regardless of whether the conviction was in a single trial or whether the offenses arose from a single scheme of misconduct and regardless of whether the offenses involved moral turpitude, for which the aggregate sentences to confinement were 5 years or more is inadmissible

This makes it look like you DO need to address it. Definitely schedule a consult with Laurel Scott - this is a bit more complicated, IMO, than a gquick glance and answer on her chat.

[pen1137]

good timing we have, kitkat...lol

[falperb]

thank you for your replies

[pen1137]

immigration will look at your overall record, regardless whether it's cimt, overstay, looking at them the wrong way...as long as you're filing the 601, it will cover all bases...your offenses, should they be brought up, will be weighed upon according to your hardships.

[falperb]

pen1137 I agree with you. and thank you for your replies

[Cynthia]

If I remember correctly, Mod MistyB's hubby CIMT occured like 15-20 yrs ago? (Correct me, Misty dear) and they still had to file the I-601 waiver.

[sillygiggle]

under certain criminal grounds of inadmissibility you can file a 212H waiver-no hardship needs to be proved IF you can prove the last crime/conviction was over 20 years ago/IF you can prove they won't be a threat to the US, and If you can prove rehabilition: see here:

Waiver of Certain Criminal Grounds
Under INA §212(h)(1), an immigrant waiver is available for most criminal grounds of exclusion. However, no waiver is permitted for murder, criminal acts involving torture or controlled substance trafficking offenses. Further, the immigrant waiver available for controlled substance offenses not involving trafficking under INA §212(a)(2)(i)(II) is limited to a single offense involving the simple possession of 30 grams or less of marijuana.

There are two waivers available under INA §212(h)(1). A waiver is available under INA §212(h)(1)(A) if the immigrant establishes that:


the activities for which the alien is excludable occurred more than 15 years before the date of the alien's application for a visa, entry or adjustment of status (unless the alien is excludable for prostitution under INA §212(a)(2)(D)(i) or INA §212(a)(2)(D)(ii), in which case the 15 year time period is not required),

the admission to the United States of such alien would not be contrary to the national welfare, safety or security of the United States, and

the alien has been rehabilitated.
A waiver is also available for close family members under INA §212(h)(1)(B) if the immigrant establishes that he or she is the spouse, parent, son or daughter or a United States citizen or an alien lawfully admitted for permanent residence and that the alien's exclusion would result in extreme hardship to the United States citizen or lawfully resident spouse, parent, son or daughter of such alien.

No waiver shall be granted in the case of an alien who has previously been admitted to the United States as a permanent resident if either since the date of such admission the alien has been convicted of an aggravated felony or the alien has not lawfully resided continuously in the United States for at least 7 years immediately preceding the date of initation of proceedings to remove the alien from the United States. No court shall have jurisdiction to review a decision of the Attorney General to grant or deny a waiver. [This restriction on waivers is effective on September 30, 1996 and applies to any alien who is in exclusion or deportation proceedings as of such date unless a final administrative order in such proceedings has been entered as of such date.]