I-212 Waiver for felony cases 10 years old

[Tam Thanh Tran 0]

Hi, I’m going to summarize my case so you can have a better understanding.

 

When I was 10 year old, I immigrated to the U.S the year was 2000 in the state of Georgia. On September, 2002 I adjusted my status to lawful permanent resident. I attended elementary, middle school and high school. 
 

On July, 2009 I got charged with burglary. I was sentenced 8 months to serve, 4 yrs 4 months probation, 80hrs community service and around $1000 fine and restitution.

On December, 2009 I was transfer from one county jail to another to attend court. This time with 2 burglary charges, I was sentenced 1 year to serve, around $700 of fine and restitution.

 

Keep in mind that I only broke the window and there was no entering with all 3 burglary charges on the police’s report. Anyway altogether I did 1 year, finish probation, community service and fine.

 

Ever since, I have not break any law, but I do have 2 speeding tickets. I work really hard and focus on saving. Because I wanted to open my own business. I have good credit score. I own 2 cars and team up with my mom to buy her a house. On October, 2013 I renew my Green Card and the exp date is 2023.
On August, 2016 I flew to Vietnam for 3 weeks. I came back to the U.S, got stop at the custom and placed in removal proceeding under crime involving moral turpitude and sentences confinement were 5 years.
December, 2016 I was ordered remove by immigration judge. 
September, 2017 I was deported back to Vietnam. They also gave me a paper stating I am barred for 10 years from entering united states.

 

Now I am here living in Vietnam. I haven’t break any law or any traffic offense. I work as a manager for a restaurant rated #2 on tripadvisor in the city.

 

I want to return to the U.S, my question are... Do I need to file I-212 by itself along with supporting documents. Or is there another waiver I need to file along with I-212? My mom will be sponsoring me, do I need to wait for I-212 to approved before submitting the I-130? Also what is the approval rate of the I-212?
Also when the 10 year bar is over, can i just file I-130 and not having to file I-212? 
 

Thank you so much for your time.

 

if you can guide me, I’d really appreciate it.

 

 

 

 

[milimelo 4,475]

Your mother would have to petition you - based on your deportation you’re no longer an LPR. Given that it will take time, best to file now and you’ll have to deal with I-212 once you get interview. 

 

If mother her is an LPR, you’ll be in f2b category - unmarried adult son. Do not get married until visa in hand and you have activated it in the US. 

 

If mother her is a USC, you’ll be in F1 category for unmarried child over 21. If you get married, you’ll move categories and add more time until visa number available. 

 

In any case, it will be at least 6-7 years until visa number available and you get an interview so prepare yourself for the long haul.