Which waiver is harder to get approved (CIMT or ILLEGAL PRESENCE)

**kitkat1** · 01-31-2008, 07:01 AM

Originally Posted by xclent

CASE 1: over stayed, NO CIMT

CASE 2: Maintaining status but have CIMT which occured in US (within 5 years of admission)

Two different people? One with CIMT another with illegal presence?

If you are talking about the SAME person, BOTH issues have to be addressed since BOTH are inadmissibilities.

**xclent** · 01-31-2008, 07:09 AM

two different people

**Imp** · 01-31-2008, 07:18 AM

I don't understand the point of comparing these two.

Everyone must waive the inadmissablity or CIMTs that he or she has committed- and really, there are so many other factors, age of the EWI or the crime, country of origin, family, kid, hardships- the mood of the indivual adjudacator that day.

Really, I think it's impossible to compare these like this.

**pen1137** · 01-31-2008, 07:25 AM

"CASE 1:
======
Entered US legally with some form of VISA, then become illegal, US citizen wife, no children, no criminal record, still is US."

depends on what type of "illegal"-if it's an overstay, not a big problem in most cases.

"CASE 2:
======
Entered US legally with some form of visa, still in status, US citizen wife, no children, but have CIMT (Crime involving moral turpitude after entering US, within 5 years of admission), CIMT occured more than 5 years ago, still in US"

there will be trouble gaining LPR status if the cimt happened within 5 years of applying for AOS.

def case 2 is tougher.

i'll ask on behalf of kitkat, adriane, and myself, what point are you trying to get at? i'm curious.

**xclent** · 01-31-2008, 07:32 AM

search my other post , I have one thread "thet_waiver", things will be more clear

**Imp** · 01-31-2008, 07:36 AM

Originally Posted by xclent

search my other post , I have one thread "thet_waiver", things will be more clear

Well, no, actually it is not more clear.

I get that you have a CIMT- but why are you comparing your situation to someone else's?

**blueblue** · 01-31-2008, 08:11 AM

Originally Posted by pen1137

"CASE 1:
======
Entered US legally with some form of VISA, then become illegal, US citizen wife, no children, no criminal record, still is US."

If they entered on a valid visa and simply overstayed without ever leaving, they can adjust as spouse of us citizen without the need to file a waiver. Did I understand correctly that to be the case here/

**xclent** · 01-31-2008, 08:15 AM

what about CASE 2

**Shrek** · 01-31-2008, 08:31 AM

Originally Posted by blueblue

If they entered on a valid visa and simply overstayed without ever leaving, they can adjust as spouse of us citizen without the need to file a waiver. Did I understand correctly that to be the case here/

This is correct. If they entered on a valid visa, became unlawfully present only due to overstay, married a US citizen, then no waiver is needed to adjust status.

**JMRJ** · 01-31-2008, 08:58 AM

CASE 1:
======
Entered US legally with some form of VISA, then become illegal, US citizen wife, no children, no criminal record, still is US

No need waiver. Chances of approval, high.

CASE 2:
======
Entered US legally with some form of visa, still in status, US citizen wife, no children, but have CIMT (Crime involving moral turpitude after entering US, within 5 years of admission), CIMT occured more than 5 years ago, still in US

Need waiver. Chances of approval, low.