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Filed: Country: Canada
Timeline
Posted

Hi

A couple of questions regarding extreme hardship, and rehabilitation. I have two crimes of moral turpitude. Which occurred 18 years ago, and there has been no criminal activity since. When I do the I-601, what if I do not have court proceedings on paper? I tried to get them but the courthouse gave me a letter stating there was no record of these crimes but that no money was currently owing. Will that letter suffice? They simply don't exist according to the courts. Also, do I still have to prove extreme hardship, since the crimes were over 15 years ago? Also, how do I prove rehabilitation?

Filed: K-1 Visa Country: Wales
Timeline
Posted

It is possible to diy waivers but the very basic nature of the questions suggest a Lawyer would be advisable.

The hardship is to the petitioner.

What were the crimes?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Filed: Country: Canada
Timeline
Posted

It is possible to diy waivers but the very basic nature of the questions suggest a Lawyer would be advisable.

The hardship is to the petitioner.

What were the crimes?

The crimes were possession of a stolen credit card and fraud UNDER $5000. (which according to our research were only punishable up to 2 years in prison combined). Like I said previously ther e are no records of it from the courts. I have researched lawyers and I simply do not have 7-10K at my disposal.

Posted

You have 2 crimes involving moral turpitude. You are already deportable at this point. Your case is not do-it-yourself and you will need to hire a lawyer. Borrow money. Take out a loan.

On what basis are you applying for permanent residency? Are you married to a U.S. Citizen?

Check my timeline for K-1 visa & AOS details

Conditional Permanent Resident: 16 September 2014

Conditional GC Expires: 16 September 2016

ROC Journey (CA Service Center)

2016-Sep-14: I-751 form, check, supporting docs sent USPS Priority Express

2016-Sep-15: ROC application received & signed for by Lakelieh

2016-Sep-15: NOA receipt date

2016-Sep-19: $590 check cashed by USCIS

2016-Sep-20: NOA/ 1-year extension letter received in mail

2018-Feb-26: ROC case transferred to local office

2018-Mar-06: ROC approved via USCIS website (WAC status check)

Filed: Country: Canada
Timeline
Posted

You have 2 crimes involving moral turpitude. You are already deportable at this point. Your case is not do-it-yourself and you will need to hire a lawyer. Borrow money. Take out a loan.

On what basis are you applying for permanent residency? Are you married to a U.S. Citizen?

yes I am married to a US citizen. I know I can take out a loan, my two questions are how do I prove rehabilitation, without court documents, and do I still have to prove extreme hardship since the crime was over 15 years ago?

Posted

yes I am married to a US citizen. I know I can take out a loan, my two questions are how do I prove rehabilitation, without court documents, and do I still have to prove extreme hardship since the crime was over 15 years ago?

Why didn't you keep copies or the original forms of your cases and resolutions? Your files may have been expunged if the court doesn't have it, although that sounds questionable. You may have to do a FOIA (freedom of information act) request for your court files.

The lawyer should give you advice on how they will prepare the package to immigration that shows rehabilitation.

Since you are deportable, you do need to prove extreme hardship to a qualifying relative (you US citizen spouse) even if the crimes were resolved more than 15 years ago.

Check my timeline for K-1 visa & AOS details

Conditional Permanent Resident: 16 September 2014

Conditional GC Expires: 16 September 2016

ROC Journey (CA Service Center)

2016-Sep-14: I-751 form, check, supporting docs sent USPS Priority Express

2016-Sep-15: ROC application received & signed for by Lakelieh

2016-Sep-15: NOA receipt date

2016-Sep-19: $590 check cashed by USCIS

2016-Sep-20: NOA/ 1-year extension letter received in mail

2018-Feb-26: ROC case transferred to local office

2018-Mar-06: ROC approved via USCIS website (WAC status check)

Filed: Timeline
Posted

Don't matter how many yrs ago , moral turpitude is deportable,

get the info from the criminal atty back then (you will have to pay)

The hardship will be on your spouse NOT you. I suggest you

hire an atty that knows about waivers,You'd be surprised USCIS

get those copies, especially you could have done two yrs.

Filed: Country: Canada
Timeline
Posted

Don't matter how many yrs ago , moral turpitude is deportable,

get the info from the criminal atty back then (you will have to pay)

The hardship will be on your spouse NOT you. I suggest you

hire an atty that knows about waivers,You'd be surprised USCIS

get those copies, especially you could have done two yrs.

I have copies of the probation I successfully completed, but getting the court proceedings are no longer possible. I've spoken to the courthouse. And 3 immigration lawyers have told me the same thing...you only have to prove rehabilitation, and prove that there have been no further criminal offenses, OR prove hardship. You don't have to prove both. Proof of rehabilitation is proof that the probation was completed successfully which I have, and my biometrics prove no further criminal offenses. They all suggested that route.

Filed: Timeline
Posted (edited)

I have copies of the probation I successfully completed, but getting the court proceedings are no longer possible. I've spoken to the courthouse. And 3 immigration lawyers have told me the same thing...you only have to prove rehabilitation, and prove that there have been no further criminal offenses, OR prove hardship. You don't have to prove both. Proof of rehabilitation is proof that the probation was completed successfully which I have, and my biometrics prove no further criminal offenses. They all suggested that route.

You provide "Disposition" if court docs no longer exists

Rehab Although this many yrs you go into a program in your area for ppl who steals (they have them for shop-lifters)

Volunteer at the church or a youth group near you & motivate them about wrongs & not stealing

Help feed the homeless Thanksgiving.

Speak to a psychologist (up to you, and every place must give you a letter stating your involvement)

Your spouse write a hardship letter her hardship in case they deport you

Please speak to a WAIVER atty especially if you are on DHS radar, everyone who have be arrested& convicted

even if they received probation , or an expungement is still considered a criminal alien (legal or illegal)

Edited by Jawaree
 
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