Crimes that are older than 15 years
“Just because you committed a crime does not mean you are always inadmissible to the U.S. , especially if the crime is older than 15 years.
— Brian D. Lerner, Immigration Lawyer
You can get a Waiver prepared to be able to immigrate or stay in the U.S.”
You must demonstrate that the activities for which you are inadmissible occurred more than 15 years ago; that your admission would not be contrary to the national welfare, safety, or security of the US and 3) that you have been rehabilitated.
Thus, you must be inadmissible based upon a conviction or event that took place more than 15 years before the current application.
In these last two categories the applicant must prove that she is rehabilitated and her admission is not contrary to U.S. interests.
Normally, You would want to also submit a psychological report showing that you have been rehabilitated.
Many types and categories of crimes can be waived under U.S. Immigration Law
Not every crime can be waived under U.S. Immigration Law.
For example, an assault or battery crime with a sentence of 6 months can be waived.
Therefore, it is very important that you consult a deportation lawyer to determine what crime can be waived and what crime cannot be waived. Thus, the 15 year limitation does not vacate whether it is or is no an aggravated felony.
I was arrested 28 years ago in my country. My military son is petitioning me. I was fingerprinted an USCIS wants to know what was the outcome of this arrest that occurred in 1994 or 1995. Ive been living in the United States since 1997. I did no jail time for this petty offense and I was granted visa to come to the United States. do I need a waiver for this this?
That would depend. I would need to determine if it fell under the petty offense exception. You can call my office for a consultation.
Under my petition, his green card was denied in 2018 because the USCIS believed that he entered into the fraudulent marriage with his ex-wife (2007) though his current marriage is genuine!
They have contacted his ex-wife and she said the marriage was fraudulent!
We have left the US since then. We now have 1 baby and also are New Zealand residents.
I wonder any possibility for us to reapply his green card? And if yes, how would we proceed?
We have contacted many law firms and they all said that it’s impossible for my husband to obtain the green card and be back to the US.
I have medicaid fraud conviction classified as aggravated felony Can waiver for inadmissibility be considered as my conviction is 13 years old . I was LPR legal permanent resident for more than 7 years . Deported to Canada Jan 2015 My wife and children are US citizen /
Hello:
While it may be possible to get a nonimmigrant waiver, it will be very difficult. Might be better to try criminal relief. You can call my firm for consultation at 5625-495-0554, or self-schedule an appointment at blerner.timetap.com.
Hello:
If they believe there was a ruling of marriage fraud, that by itself will prevent any immigration benefits for life. Therefore, it would be a matter of getting the record to see exactly what ruling are made and then doing what is necessary to immigrate. You can either call my firm for what is needed for the consultation at 562-495-0554, or self-schedule a consultation at blerner.timetap.com.
I was remov from USA 2019 .INA 212(a)(2)(A)(i)(I).A crime involved moral .It helpen in 2012 .And convinced on 2014. 3 years prabeson and $450 fine. Prabeson is finest on 2017 .
Can I apply a visa too come USA. P L me
Hello:
Given your removal under INA 212(a)(2)(A)(i)(I) for a crime involving moral turpitude, there are potential paths you can explore to apply for a visa to return to the U.S.:
1. **Waiver of Inadmissibility**: You may be eligible to apply for a waiver. This process can be complex and often requires demonstrating that denying your admission would cause extreme hardship to a qualifying relative who is a U.S. citizen or lawful permanent resident.
2. **Rehabilitation and Good Conduct**: Highlighting your rehabilitation since the conviction and your good conduct after completing probation in 2017 can support your case.
3. **Visa Options**: Depending on your circumstances, there might be specific visa options available that you can pursue with the appropriate supporting documentation.
To determine the best course of action and improve your chances of a successful application, I recommend scheduling a consultation with me. We can discuss your specific situation in detail and develop a tailored strategy for your visa application.