How do I return to USA after Voluntary Departure?

[axiand]

April 2009 I was allowed to voluntary depart the United States. In 2005 I was convicted for 2 indecent exposure cases, and sentenced to 6 months probation, which I completed successfully. In 2008, I was convicted again for 1 indecent exposure case and 1 indecent assault, both committed in 2007. This time I got 4 years probation. My crimes did NOT involve minors, and right after the incident happened in 2007 I started participating in intense counseling 2ce a week. In 2008 I got a job as a scientist and was working as well as following my probation guidelines. Somehow INS got to my file and I was picked up from the probation office in January. My immigration attorney was able to justify that the indecent exposure crimes are NOT crimes of moral turpitude, but it was found that indecent assault WAS a crime of moral turpitude. As such I was eligible for voluntary departure and it was granted. Following my arrival to my native country I married my fiance who is an American Citizen.

My question is what do we do now? She has a good job there, and it is hard for us to find a job outside. How do I get back? Can we apply for i-130? I just don't understand why I have to apply for the i-130 first, just to have it denied and then apply for the i-601 waiver. Can't I just apply directly for the waiver?

Is 601 different from 212h waiver?

Do I have a chance to get the waiver approved? Of course my mistakes cost and I will have to spend money on lawyers/applications, but I want to avoid it if I have no chance of returning.


Additional Details
Just to clarify some details:
1. I was not deported; I was allowed to buy my own ticket and leave the country voluntarily.
2. I was in the USA on a student viza.
3. My wife and I are already married. Also of course she knows about all my history.

Thank you all for your help

[dreamer73]

welcome, i just want to say,if there is no deportation you dant need i212,and unfortunately,you have to start with the i130 aftrer you will be denied at the consulat,then you will start your i601 for CIMT.

and to be honest with you i601 for criminal charge is kind of very difficult,and i will urge you to find a good lawyer ho's specialized on i601 for CIMT,i have a simillar case and our lawyer is not giving us to much hopes but we are doing it no matter what

good luck

ps:you should post your thread on i601 north africa western europe.

[Jardinera]

Welcome,

What country are you from?

At this point you file the I-130 and mark that you are going to consular process. Your application will take up to a year (in normal cases), go through NVC, and then you'll have an interview at whatever consulate in your home country.

You do not need an I-212 deportation waiver. You will definitely need an I-601/212h waiver (I-601 is the form, you are waiting an inadmissibility under 212h of the immigration and nationality act) for crime involving moral turpitude. You'll have to prove that your wife will suffer extreme hardship if you are not allowed to enter the U.S. CIMT bars are lifetime (although the farther from the events the more likely a person will be granted the waiver - and I think there might be some exceptions after 15 years from the crime) but in your case, you will absolutely need a very strong waiver case, especially because the crimes are very recent. Also evidence of rehabilitation will be crucial.

I would suggest you consult with Laurel Scott, she's an expert in criminal waivers - scottimmigration.net.

[Los G]

Each form has a very specific purpose. The I-130 establishes that you have a means for asking for an immigrant visa (in this case, a qualifying relationship by marriage to a US Citizen). Without that approval, you can't even apply for a visa. After that is confirmed, the DS-230 is the actual application for the visa. Other paperwork, such as I-864 Affidavit of financial Support and DS-3032 choice of agent, are necessary to confirm your potential eligibility for the visa. Ultimately the consular officer goes through all of this plus your immigration and criminal history to determine your final eligibility for a visa. They will determine that you are inadmissible due to the criminal record. After that you file the waiver.

The reason you can't file the waiver first is because the consulate must first determine that you need it and why. There are even some people who are not allowed to file a waiver at all due to whatever complication in the law. So you first have to attend the consular interview.

The I-601 covers most inadmissibilities, including unlawful presence (doesn't sound like that applies to you since you were on a student visa), misrepresentation (also not your case I don't think) and criminal inadmissibilities. The I-212 is a consent for re-entry for those who have been removed. I don't remember right now if you need an I-212 when you had voluntary departure. I belive you only need the I-601.

[emt103c]

With events that recent it is going to be VERY difficult to get approved.

[axiand]

Hi,

Thank you all for being so helpful with my issue. I now, based on your answers which I assume accurate, know the difference between the waivers. I am very impressed with the quality of your answers to my issue as well as to others and especially thank you Jardinera for how thorough the article on "All About the I-601: Resources for Proving Extreme Hardship " was. Kudos.

I am not sure if I should start a new thread about this or continue on this one as some of my questions seem silly now. Any suggestions?

Anyway, I am from Romania. I moved to the USA when I was 14 on a student viza, and went there for highschool, undergrad and graduate school, after which i got a job working on stem cells with JnJ (still on a student work permit OPT). My wife, has been working with JnJ for 10 years. She is ready to move to Romania/Europe or anywhere else with me. We feel that living somewhere else is not necessarily impossible but we want to be able to visit, if not live, in the USA. We don't have any children but we are planning for them. We would like them to get education in the USA and also to be able to see their American family. Most importantly I love the country since I feel like there is where I grew up.

I was reading the suggestions on I601 waiver and I was very disappointed to see that I don't really have a chance of getting it approved. Besides what I mentioned above, it seems like our only other grounds are the fact that she has a very good job and that we can't find that in Europe. But what will happened once we do get a job in Europe and live here for 5-10 years. How do we ever get back to USA? It seems impossible....

[cupcake]

I recommend you consider consulting with Laurel Scott, who is very proficient in I-601 waivers and addressing criminal issues. You can set up a consultation with her on her website:

http://www.scottimmigration.net/

There is also a page we have on the site of other member recommended attorneys if you want a second opinion or don't feel you want to consult with Laurel.

It's not necessarily impossible, but I think you really need an experienced attorney on your side for your case.

[axiand]

First of all let me express my gratitude to all for your input. Also thank you for the attorney suggestions. I tried to find Laurel Scott's email address but not successful, therefore I will wait for business hours in TX and try calling directly.

Since my last post, my wife and I moved to Germany where we are both employed (engineer and molecular biologist) - proving financial hardship for waiver is practically impossible. We also have a 10 month old daughter. Germany is quite good for family life, and very centrally located in Europe, so in the end the inability to go back to USA may be a blessing. However, the problem remains that I am unable to travel to USA for pleasure or business.

Recently, the company that I work for decided to send me to the USA for a week long business meeting. This trip should happen at the end of March beginning of April, 2012. I made a B1 non-immigrant visa appointment at the Frankfurt embassy for Wednesday February 29th. I completed the D-160 form and, of course, disclosed all my history.

I wanted to get your opinion on:

1. I believe that my B1 visa will get rejected. Given that I was not deported (voluntarily departed) is there some sort of waiver that I can apply for? Do I have any chances of getting it based on my history but keeping in mind that this is a company sponsored trip and clearly not for immigration? I think the timeline is quite short but do I have any chance of making it?

2. Eventually, Jade and I will like to relocate to the USA. What do you think that my chances are and would you be willing to represent me for this? Do you think that my applying for this B1 visa now and getting declined would reduce my chances of going back later?

I know that because the many details of my situation this was a rather long email and I sincerely appreciate your time. Thank you very much.

---------- Post added at 06:11 AM ---------- Previous post was at 06:02 AM ----------

I have read a little bit more and it seems that the waiver I need is INA 212(d)(3) and also that there is no way I can get it within 1 month. I still wonder of my chances of getting one, what support information to use, should i even apply for it?

[Los G]

Axiand, I'm going to close this thread so that we can consolidate discussion on this into your new thread:

http://immigrate2us.net/forum/showth...ver-after-CiMT