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Thread: CIMT over 20 years ago

  1. #1
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    CIMT over 20 years ago

    Hello,

    My I-130 petition was approved in June for my husband, UKC. We are finalizing things for NVC. We got his police certificate and was rather surprised about his record. We expected something from his young adult days, but not what was on there.

    His record is showing only robbery. We didn't know his record would record it as that. Stupid mistake - his trusted his friends and kept his mouth shut. So anyway, it was back in 1996 so 20 years ago. I am expecting to have to do a waiver, but have slight hope that we may not. So I am here asking...

    If the CIMT - robbery, is from 20 years ago and no other actions on his record, would there be any chance of getting approved without having to do a waiver?

    Thanks!

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    You'd need the 212(h) waiver for sure as there are no statute of limitations in US immigration laws, so even a 50 yrs old conviction would cause road bumps.

    Path to this waiver would partially depend on your (USC's) personal situation if you could show your hubby being away would cause extreme hardship on you. Or else he could apply on the basis that more than 15 years have passed since conviction - this would heavily depend on his post conviction rehab/character development.

    One thing you/he could do before going for waiver is to check if in the country where conviction occured, are there ways to get the conviction expunged/sealed off/set aside etc? While this would not remove the conviction for immigration purpose, it would count as a BIG rehab factor.

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    Has he visited the US, if so did he get a visa with a waiver?
    Nothing in life is guaranteed, especially anything to do with Immigration.

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    I strongly recommend that you work with a lawyer. Even though the CIMT happened 20 years ago it is still an issue for immigration. My husband had a CIMT from 1989 and we started the immigration process in 2009 once his record had been expunged. He was denied his visa and we had to file two waivers and one appeal to the first denied waiver. It is not an easy process but you have the time elapsed in your favor to show rehabilitation. Just make sure you have other evidence of rehabilitation and some character letters. Our attorney was Megan Kludt and she is awesome. PM me if you need info

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