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

[jfat]

well, I believe you have to give the best explanation you have concerning the situation... TRuth Matters Most...

[kitkat1]

And so in the end, the question remains:

If you need a waiver for CIMT, why does it matter at all to you what would happen to a different person who needed a waiver for illegal presence?

[cancer]

Genaral knowledge maybe!

[kitkat1]

Genaral knowledge maybe!

Except that he seems to think he gets to choose which route to go - which is why I'm concerned. After all, if it was just for general knowledge, he probably would have said "hey, I'm just curious -- are criminal charges harder to overcome than illegal presence"? rather than this weird scenario.

[jpaula]

I think the question assumes he has an option of waiting until 5+ years have passed since the CIMT and then applying under the circumstances of hypothetical case #1 or of applying now under circumstances of hypothetical case #2.

I don't know if this is true of in-country CIMT issues, but I have certainly seen COs declare people inadmissible for CIMTs from long, long ago (20 years in some cases) so I do not think 5 years passing is a guarantee of anything. You are going to have to disclose your CIMT (they know about it anyway) and see what they do.

[kilimanjaro]

when could one be certain he or she has CIMT or illegal presence charges. I happen not to be sure what I am charged of. But one thing I am certain is that ICE agents gave me " A notice of intent to reinstate a prior order of deportation" because of an illegal re-entry in the US only 6 weeks after I departed voluntarely.

Now is it up to me to guess or find out what exactly I am accused of???
Or is it a well documented paper that must be served

[douginguam]

if xclent wants simple numbers - answers are available in the annual reports on visa ineligibilties (State Deparment) http://www.travel.state.gov/pdf/FY07...ortTableXX.pdf
Overstay waiver is more common, and in 2007 represented a higher percentage of the denials than was the case for CIMT.