How do I return to USA after Voluntary Departure?
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.
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
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
ps:you should post your thread on i601 north africa western europe.
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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.
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