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.
However, if the sentence is 1 year, then it would be an aggravated felon and cannot 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.
That would depend. I would need to determine if it fell under the petty offense exception. You can call my office for a consultation.
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?