Anyone else told to file I-601A with Criminal Convictions?

[colorfulx 1]

Just curious if anyone else was told to file for the I-601A provisional waiver, even though they have prior criminal convictions? My husband has 2 criminal convictions from two separate acts in 2006. (DUI-1st offense. Domestic Assault) from what we've been told is that neither is a CIMT or Aggravated Felony and that neither offense is 'inadmissible' to the US but both are deportable offenses.

We've seen two separate lawyers, both told us to file the provisional waiver. We have a consultation set up with a new lawyer and are waiting to see what she says. I'm apprehensive about filing the waiver because to me filing for this waiver puts him at risk for being deported after the waiver is denied -or- if it by chance was approved, being denied outside the US. I don't have any medical hardships. My husband wants to file the I-601A (He has been here since he was 4, 1989. The only family he's ever known is here. His father is LPR, his uncle and brother are now USC as well as his aunts by marriage and nieces. My husbands mother was in the US from 1989- 1995 but went back to el Salvador, she passed away in 2009.)

But getting back to my question, has anyone else filed the I-601A with two significant misdemeanors?

Edited December 31, 2014 by colorfulx

[Jawaree 718]

I thought Domestic assault would be a felony,

did he get time or probation? would be good if

it was dismissed, also the time he could have

received matters in the eyes of USCIS if he got

probation, make sure U are consulting WAIVER

attys...let us know what the latest atty suggests.

[colorfulx 1]

Domestic Assault is a misdemeanor. Max sentence could of been 11mths & 29 days, in the state he received it. (not sure about other states?) It was an physical altercation between my husband and another man.

He received no probation, no restrictions, no sentence, no fine.

I don't think it can be dismissed, the case is like .. over 8 years old, plus he pled guilty in court. I don't think there's anything we can do about it now.

The other two lawyers both dealt with waivers as well as criminal aspect. The new lawyer also specializes in criminal and domestic violence (as listed on her page) that's why we made an appointment to see her as well.

I will update after our appointment

Edited January 1, 2015 by colorfulx

[Jawaree 718]

Well in that case it may not be an issue if 3 experts says

that applying for I601A would be OK...Happy New Year