An immigrant recently achieved an extraordinary success: their Application for Adjustment of Status (AOS) was approved despite two criminal convictions on the record. This was a feat made possible only after USCIS approved a rare application for humanitarian reinstatement. After being in the country for over 30 years, this client can finally live legally in the U.S. It is a testament to combining specialized legal relief with decades of compelling positive equities.

I. The Humanitarian Reinstatement Hurdle

The complexity of this case began not with the crime, but with the administrative status of the underlying family petition (Form I-130). This most commonly occurs due to the death of the U.S. citizen petitioner (spouse or parent). Understanding how humanitarian reinstatement impacts the Adjustment of Status process is crucial.

The original revocation terminates the immigrant’s path to a Green Card. The approval of humanitarian reinstatement allows USCIS to restore the petition’s validity, letting the beneficiary proceed with the AOS application. This is a crucial first step in a complex case like this one. The client had to demonstrate that an eligible substitute sponsor existed.

II. Overcoming the Two-Conviction Bar

The next, and arguably greater, challenge was the client’s criminal history. Whether applying for a family or marriage green card, the application heavily scrutinizes criminal history. A police record can be a reason for denial, affecting the Adjustment of Status process.

In this client’s case, having two convictions for crimes likely involving Moral Turpitude (CIMTs) meant the applicant was inadmissible and required a waiver. The statutory grounds for inadmissibility include the “two-crime rule,” which bars admission if an immigrant has two or more convictions of any type. This applies unless they arose from a single scheme of misconduct, which is difficult to prove. Alternatively, a single CIMT conviction that doesn’t meet the “petty offense” exception is also grounds for inadmissibility.

The client successfully utilized Form I-601, Application for Waiver of Grounds of Inadmissibility, which permits forgiveness for certain crimes. Approval required the applicant to demonstrate a compelling combination of:

1. Extreme Hardship: Showing that denial would cause extreme hardship to a qualifying U.S. citizen or Legal Permanent Resident relative (spouse, parent, son, or daughter).
2. Positive Equities: Proving decades of long-term U.S. residence, rehabilitation (e.g., compliant behavior and community ties), and service that decisively outweighed the seriousness of the past convictions.

III. The Final Approval

As part of the visa/green card process, USCIS will check for criminal records for both the sponsor and the family member seeking a green card. The ultimate approval combines the successful reinstatement of a revoked petition with the forgiveness of two criminal convictions. It signifies that the client’s Adjustment of Status was made possible by addressing legal hurdles through a combination of demonstrating long history and reformation of character. This outcome serves as a compelling example of the highly technical and discretionary nature of immigration law.