i601 waiver for 26 year shoplifting; now DS-260 [merged threads]

[Ra2023 11]

Hi to all Members,

Need help .

my son filed petition for me  1993 I received green card after 3 years I got arrested for shoplifting . So I paid fine and 6 months probation completed. Some how I received letter from immigration court to come to court they give me options do we deport you or you want to take voluntarily deportation because you maid crim within 5 years of green card. Also judge say if you take VDeport your child can file new petition and you can come back so I agree with them and took VD . New petition took 2 and half years to get new Green card so I came back to US with new GC number year of 2001 sense then I travel with card no problem I made all most 14 entries in us until 2016 .Due to my health and other family issues I did not travel for 1.5 years so my GCard not valid that was I thought. So I apply for B2 visa in 2018 they denied it and ask for court papers when you arrested I don’t have it so I asked consulate officer for options. They told me to submit your green card then come with new petition. Now again my son filed for me ir5 approved again from USCIS and Nvc interview time officer approved and took passport , after 15 days when I received my passport no visa stamp one pice of paper , 212(a)2(A)(I)(I) CIMT 

I made crime but that was 26 years ago and I completed 6 months probation and paid fine also I was granted green card in 2001 . This is my story .

so please help me do I need I 601 .

 Thanks 

[Ontarkie 14,204]

~~Hijack post split off to its own thread. Please do not post questions for your own case in other member's threads.~~

[Chancy 6,241]

*** Removed duplicate thread.  Please post your related questions in this thread to keep the discussion in one place. ***

 

[Ra2023 11]

On 2/7/2023 at 4:31 PM, Ra2023 said:

Hi to all Members,

Need help .

my son filed petition for me  1993 I received green card after 3 years I got arrested for shoplifting . So I paid fine and 6 months probation completed. Some how I received letter from immigration court to come to court they give me options do we deport you or you want to take voluntarily deportation because you maid crim within 5 years of green card. Also judge say if you take VDeport your child can file new petition and you can come back so I agree with them and took VD . New petition took 2 and half years to get new Green card so I came back to US with new GC number year of 2001 sense then I travel with card no problem I made all most 14 entries in us until 2016 .Due to my health and other family issues I did not travel for 1.5 years so my GCard not valid that was I thought. So I apply for B2 visa in 2018 they denied it and ask for court papers when you arrested I don’t have it so I asked consulate officer for options. They told me to submit your green card then come with new petition. Now again my son filed for me ir5 approved again from USCIS and Nvc interview time officer approved and took passport , after 15 days when I received my passport no visa stamp one pice of paper , 212(a)2(A)(I)(I) CIMT 

I made crime but that was 26 years ago and I completed 6 months probation and paid fine also I was granted green card in 2001 . This is my story .

so please help me do I need I 601 .

 Thanks 

Hi 

I don’t know did I post right or wrong or right place?
I am not gating any reply so please advise me.

Thanks

[Ra2023 11]

On 2/8/2023 at 7:12 AM, Ontarkie said:

~~Hijack post split off to its own thread. Please do not post questions for your own case in other member's threads.~~

Hi ,

will you please suggest me ?
Thanks

[Family 3,988]

You either persuade them ( challenge consulate finding) that conviction is not CIMT or file the waiver. Talk to a few attorneys .

Did you use an attorney during the 2001 process? There is probably good argument on record from then by that attorney. In any case, it was good enough to persuade the Consulate…that it was not CIMT.

 

Get a complete file copy of your record by way of FOIA from all 3 agencies: Department of State, USCIS and EOIR
 

 

 

https://messersmithlaw.com/ina-212a2aii/

 

the maximum penalty possible for the crime of which the alien was convicted (or which the alien admits having committed or of which the acts that the alien admits having committed constituted the essential elements) did not exceed imprisonment for one year and, if the alien was convicted of such crime, the alien was not sentenced to a term of imprisonment in excess of 6 months (regardless of the extent to which the sentence was ultimately executed).

[Ra2023 11]

11 hours ago, Family said:

You either persuade them ( challenge consulate finding) that conviction is not CIMT or file the waiver. Talk to a few attorneys .

Did you use an attorney during the 2001 process? There is probably good argument on record from then by that attorney. In any case, it was good enough to persuade the Consulate…that it was not CIMT.

 

Get a complete file copy of your record by way of FOIA from all 3 agencies: Department of State, USCIS and EOIR
 

 

 

https://messersmithlaw.com/ina-212a2aii/

 

the maximum penalty possible for the crime of which the alien was convicted (or which the alien admits having committed or of which the acts that the alien admits having committed constituted the essential elements) did not exceed imprisonment for one year and, if the alien was convicted of such crime, the alien was not sentenced to a term of imprisonment in excess of 6 months (regardless of the extent to which the sentence was ultimately executed).

Thanks for reply,

2001 USCIS and Consulate approved visa and issues new green card no questions asked or any papers given. I mansion above after issuing new go travel back and forth until 2016. Then problem in family and health could not return to US for 2 years so my GC is not valid that was my thought, So I apply for B2 visa in 2018 they decided and give me 221g. Ask for court and arrest papers to submit in 12 months but I don’t have any documents to submit, I asked consulate any other options to get visa they told me surrender your GC and asked family members to apply new petition so my family member file I 130 for ir5 2020 USCIS APPROVED MY PETITION 2022 and at the time of interview officer said you approved but when I received my passport no stamp one piece of paper said  212(a)2(A)(I)(I) CIMT you are eligible for waver so I hired attorney they filed I 601. In 2022.

my question is once they approved in 2001 then why they asked for waver?

i need help to process my case faster I am 87 years old and all my family leave in US my wife also .

[Family 3,988]

45 minutes ago, Ra2023 said:

so I hired attorney they filed I 601. In 2022.

my question is once they approved in 2001 then why they asked for waver?

i need help to process my case faster I am 87 years old and all my family leave in US my wife also .

Yes, I understood what happened to you and it’s unfortunate. …bad luck  You should have just got on the plane and would have entered just fine , even after the absence. Too late now. 

The attorney who filed the I-601 can still email the consulate and argue that conviction is not CIMT..

 

God bless your Magnificent 87 years! Salut. 
To get an expedite, your son ( Petitioner) needs to read closely the qualifying criteria for requesting an Expedite. He should pay attention to the fact , that only hardship to him counts and give it his best shot. The process is simple, he just calls USCIS. 
 

 

[Ra2023 11]

1 hour ago, Family said:

Yes, I understood what happened to you and it’s unfortunate. …bad luck  You should have just got on the plane and would have entered just fine , even after the absence. Too late now. 

The attorney who filed the I-601 can still email the consulate and argue that conviction is not CIMT..

 

God bless your Magnificent 87 years! Salut. 
To get an expedite, your son ( Petitioner) needs to read closely the qualifying criteria for requesting an Expedite. He should pay attention to the fact , that only hardship to him counts and give it his best shot. The process is simple, he just calls USCIS. 
 

 

Thanks again for reply,

you mean to say even two years without entering usa I should try at that time ?
now it’s to let.

my attorney email to consulate they reply and said follow the waver.

also expedite my case 2 time USCIS denied.

Hardship my entire family in USA THAY ALL ARE US CITIZENS ONLY MY WIFE IS Green Card. Is that will help to approve my case ? And what do you think how long it will take ?
Any other options you think that can make my case sooner? At this age my condition is not good.

Thanks for your time to reply.

[Ra2023 11]

13 minutes ago, Ra2023 said:

Thanks again for reply,

you mean to say even two years without entering usa I should try at that time ?
now it’s to let.

my attorney email to consulate they reply and said follow the waver.

also expedite my case 2 time USCIS denied.

Hardship my entire family in USA THAY ALL ARE US CITIZENS ONLY MY WIFE IS Green Card. Is that will help to approve my case ? And what do you think how long it will take ?
Any other options you think that can make my case sooner? At this age my condition is not good.

Thanks for your time to reply.

This is from EOIR SIDE

Decision and Motion Information
  There are no future
 The immigration judge GRANTED voluntary departure.
DECISION DATE 2020

i left USA right after judge decision and son filed for me again that was approved 2022 with new greecard number .

 Check with new GC number not finding any thing on EOIR SIDE.

JUST TO LET YOU KNOW.

THANKS

[Family 3,988]

9 hours ago, Ra2023 said:

my attorney email to consulate they reply and said follow the waver.

also expedite my case 2 time USCIS denied.

Hardship my entire family in USA THAY ALL ARE US CITIZENS ONLY MY WIFE IS Green Card. Is that will help to approve my case ? And what do you think how long it will take ?
Any other options you think that can make my case sooner? At this age my condition is not good.

Thanks for your time to reply.

Good to hear at least the attorney tried to challenge ..and filed the waiver. The problem is that on this recent case the Consulate caught on to the fact that shoplifting is categorically a CIMT for immigration purposes. 

However, I will venture to guess that during your trial and conviction you were NOT advised of the immigration consequences of pleading guilty..that means the old conviction CAN be vacated for constitutional/ procedural issues. …attorney has to have experience to spot this and would have had to review the entire record. 

Not only once but TWICE, were you badly advised or got no advice , as you were  encouraged you to take VD ( voluntary departure) with a CIMT conviction…so you can win.

He would file with the criminal to court to vacate the conviction based on failure to receive immigration consequences advisement . 
 

By getting your complete file records, I mean you need to request a FOIA copy, it will have copies of the actual removal proceedings ( rap sheet , conviction records, police report, NTA) 

 

As for expedite denials..there is no limit on how many times one can try. ..but most effective ones are those laser focused on Specific Qualifying Hardship to the Petitioner. ..

 

https://www.courts.ca.gov/documents/spr21-06.pdf

https://www.migrationpolicy.org/article/supreme-court-rules-attorneys-must-inform-criminal-defendants-immigration-consequences

 

https://www.justice.gov/eoir/foia-submit-a-request

 

Edited February 19, 2023 by Family

[Ra2023 11]

45 minutes ago, Family said:

Good to hear at least the attorney tried to challenge ..and filed the waiver. The problem is that on this recent case the Consulate caught on to the fact that shoplifting is categorically a CIMT for immigration purposes. 

However, I will venture to guess that during your trial and conviction you were NOT advised of the immigration consequences of pleading guilty..that means the old conviction CAN be vacated for constitutional/ procedural issues. …attorney has to have experience to spot this and would have had to review the entire record. 

Not only once but TWICE, were you badly advised or got no advice , as you were  encouraged you to take VD ( voluntary departure) with a CIMT conviction…so you can win.

He would file with the criminal to court to vacate the conviction based on failure to receive immigration consequences advisement . 
 

By getting your complete file records, I mean you need to request a FOIA copy, it will have copies of the actual removal proceedings ( rap sheet , conviction records, police report, NTA) 

 

As for expedite denials..there is no limit on how many times one can try. ..but most effective ones are those laser focused on Specific Qualifying Hardship to the Petitioner. ..

 

https://www.courts.ca.gov/documents/spr21-06.pdf

https://www.migrationpolicy.org/article/supreme-court-rules-attorneys-must-inform-criminal-defendants-immigration-consequences

 

https://www.justice.gov/eoir/foia-submit-a-request

 

Thank you very much Family.

For your help, I have all documents police , court fine and probation.

Do I wait for waver decision or ask. Attorney to file criminal court. We know that USCIS made error on my case .what do you think how long will take to approve.

my attorney expedite 2 times she’ll I try one more time attorney charging me to do expedite. Or I can do myself?
Thanks

[Family 3,988]

32 minutes ago, Ra2023 said:

Thank you very much Family.

For your help, I have all documents police , court fine and probation.

Do I wait for waver decision or ask. Attorney to file criminal court. We know that USCIS made error on my case .what do you think how long will take to approve.

my attorney expedite 2 times she’ll I try one more time attorney charging me to do expedite. Or I can do myself?
Thanks

I doubt your immigration attorney is skilled in getting a post conviction relief decision in  criminal court..Am thinking he lacks experience ( practice specialty) or he would have realized this from day one..so    your $ would be better spent finding one w experience…who could give you a better idea of the time frame for that particular criminal court.

 

It’s NOT USCIS error…they just never caught it before. The error was at/by criminal attorney and court  ..and again by your immigration attorney during removal. 

Don’t use the attorney for trying another expedite, just have your son / petitioner call USCIS to ask for expedite, if/ when he can articulate a valid reason for expedite. ..he may need to do a bit of homework 

 

 

 

[Family 3,988]

Just as a reading resource, here a link to the nation’s authority on post conviction relief. ..
 

https://nortontooby.com/topics/post_conviction_relief

 

Initial Consultations involve completing an Intake Form and submitting it to this office with the necessary documents from the criminal case(s) for review.  This initial review is done without charge.  If we feel we may be able to help, we will quote a consultation fee, and conduct a consultation of up to 1 ½ hours with one or more members of this office, that covers the exact criminal history, the immigration damage caused by the criminal cases, the changes in the criminal history necessary to avoid the immigration damage, and an analysis of the possibility of obtaining the necessary post-conviction relief to avoid the damage.

[Ra2023 11]

7 hours ago, Family said:

Just as a reading resource, here a link to the nation’s authority on post conviction relief. ..
 

https://nortontooby.com/topics/post_conviction_relief

 

Initial Consultations involve completing an Intake Form and submitting it to this office with the necessary documents from the criminal case(s) for review.  This initial review is done without charge.  If we feel we may be able to help, we will quote a consultation fee, and conduct a consultation of up to 1 ½ hours with one or more members of this office, that covers the exact criminal history, the immigration damage caused by the criminal cases, the changes in the criminal history necessary to avoid the immigration damage, and an analysis of the possibility of obtaining the necessary post-conviction relief to avoid the damage.

Thanks again Family,

I am in India, so it’s not possible but I can email to my attorney.

will you please help me what I have to ask my attorney what he can try and how much it will cost.

Thanks