Is Voluntary Departure after Criminal Conviction a Judicial Proceeding for I-130

[Boiler 45,906]

Wouldn't a waiver for the overstay also potentially be needed depending on how long they had overstayed by the day they left?

Longest ban for an overstay is 10 years, there are lifetime bans as well. but not for an overstay.

Under INA 212(h), a waiver for criminal history requires it to be established "that the alien's denial of admission would result in extreme hardship to the United States citizen or lawfully resident spouse, parent, son, or daughter of such alien." Is this not the applicable section for the type of waiver we seek?

Yes.

Obviously you are looking elsewhere and copying and posting stuff here so look there for QR.

[venezuelanreentry 1]

I am not an immigration attorney and I am confused by all information that is out there, hence why I started this thread looking for clarification.

So far, this is my understanding of what has been said:

1) no need to file I-130 in conjunction with waiver, only I-601 is necessary

2) waiver for overstay may or may not be necessary, but maximum overstay penalty is 10 yrs and she has exceeded that time outside US

3) children are QR if seeking criminal waiver but not for other types of waiver

Other than the criminal waiver and potentially the overstay waiver, does it look like she need any other waiver?

[Boiler 45,906]

You have pretty much everything wrong, suggest you leave it to them and their legal team as you are just confusing matters.

[venezuelanreentry 1]

OK, if anyone can make a positive contribution to this thread and let me know how to proceed I would certainly appreciate any input. Thanks in advance.

[GabbyBird 53]

OK, if anyone can make a positive contribution to this thread and let me know how to proceed I would certainly appreciate any input. Thanks in advance.

My contribution is to contact and consult with an immigration attorney. Several people have given you information you have either argued with or outright ignored. Many attorneys will even give a free consultation.

[zuluweta 250]

Aside from the overstay and deportation, there's also the matter of the criminal record. Check fraud is a crime involving moral turpitude and renders her inadmissible. You really need to consult an immigration lawyer. This is a do-it-yourself immigration forum and your relative's case is not DIY.

[EM_Vandaveer 2,408]

Check out immigrate2us.net

That's the website for complicated cases like your relative's.

Edited February 25, 2016 by EM_Vandaveer