Despair over CR1 Criminal Record and Legal Aid

[CyberCat 0]

I am a US Citizen looking to move my NZ spouse to the US, but he has a conviction history, with the most recent incident occurring over 10 years ago.

 

We are looking for legal advice or help willing to work with us on our unique case. We've spoken with a few random US lawyers that have so far either declined working with us or suggested that he doesn't have a chance at entering even with a waiver.

 

Would USCIS consider his history alongside his convictions? He is a victim of the Royal Commission into their foster care, which he dealt with much abuse that led to some poor judgements once he aged out.

 

He is since rehabilitated, currently pursuing a clean slate act. He has no jail time sentencing, and has supporting paperwork from psychologists stating that he is a very low risk. His government has also shown trust in his character as well following the convictions, based on other surrounding factors.

 

Any advice or leads for legal help willing to work on our case is much appreciated.

[randomstairs 304]

4 minutes ago, CyberCat said:

I am a US Citizen looking to move my NZ spouse to the US, but he has a conviction history, with the most recent incident occurring over 10 years ago.

 

We are looking for legal advice or help willing to work with us on our unique case. We've spoken with a few random US lawyers that have so far either declined working with us or suggested that he doesn't have a chance at entering even with a waiver.

 

Would USCIS consider his history alongside his convictions? He is a victim of the Royal Commission into their foster care, which he dealt with much abuse that led to some poor judgements once he aged out.

 

He is since rehabilitated, currently pursuing a clean slate act. He has no jail time sentencing, and has supporting paperwork from psychologists stating that he is a very low risk. His government has also shown trust in his character as well following the convictions, based on other surrounding factors.

 

Any advice or leads for legal help willing to work on our case is much appreciated.

If the record includes "crimes of moral turpitude" it may be a hard-to-beat case. A waiver is almost certainly going to be required. It really depends on the nature of the crimes. Some "aggravated felonies" could make him permanently inadmissible. If he had a substance abuse problem, especially illegal drugs, on top of such convictions, he may need a medical panel approval too.

I'd suggest you find a lawyer who will not be too enthusiastic about taking the case, rather than one who's gonna sugarcoat it. 

[EmilyW 1,469]

I wonder if this is one where Hacking might be a good initial resource for advice?

 

https://www.youtube.com/@HackingImmigrationLawLLC

[Ontarkie 14,313]

Without knowing exactly what the convictions are we can only guess. I suggest using the link in the above post to Hacking on YT. If you want a more private setting call his firm and maybe you can get a consult. One way or another you both need to get as honest as possible with the right lawyer. Not all lawyers are equal. 

Even with him going for a clean slate act( I'm guessing it is like a pardon/forgiveness and hide the conviction) he will still need to declare everything on the forms for immigration benefits and will need all court records regarding it.

[Boiler 45,743]

There are Lawyers like Laurel Scott who specialise in waivers, I 601 seems to be the one here.

 

Most criminal issues are waiverable.

 

The process is you file the I 130 etc, he will attend the interview, the Consulate will require details of his Criminal History and assuming a waiver is available you will submit a I 601 showing the hardships to you if it is not approved.

[CyberCat 0]

1 hour ago, CyberCat said:

I am a US Citizen looking to move my NZ spouse to the US, but he has a conviction history, with the most recent incident occurring over 10 years ago.

 

We are looking for legal advice or help willing to work with us on our unique case. We've spoken with a few random US lawyers that have so far either declined working with us or suggested that he doesn't have a chance at entering even with a waiver.

 

Would USCIS consider his history alongside his convictions? He is a victim of the Royal Commission into their foster care, which he dealt with much abuse that led to some poor judgements once he aged out.

 

He is since rehabilitated, currently pursuing a clean slate act. He has no jail time sentencing, and has supporting paperwork from psychologists stating that he is a very low risk. His government has also shown trust in his character as well following the convictions, based on other surrounding factors.

 

Any advice or leads for legal help willing to work on our case is much appreciated.

 

1 hour ago, randomstairs said:

If the record includes "crimes of moral turpitude" it may be a hard-to-beat case. A waiver is almost certainly going to be required. It really depends on the nature of the crimes. Some "aggravated felonies" could make him permanently inadmissible. If he had a substance abuse problem, especially illegal drugs, on top of such convictions, he may need a medical panel approval too.

I'd suggest you find a lawyer who will not be too enthusiastic about taking the case, rather than one who's gonna sugarcoat it. 

If we go forward with the CR1, how would we get the waiver? We definitely tried working with less than enthusiastic lawyers that were a bit too firm on their decision 😅 trying to find someone who likes a new challenge at this point

[CyberCat 0]

1 hour ago, Ontarkie said:

Without knowing exactly what the convictions are we can only guess. I suggest using the link in the above post to Hacking on YT. If you want a more private setting call his firm and maybe you can get a consult. One way or another you both need to get as honest as possible with the right lawyer. Not all lawyers are equal. 

Even with him going for a clean slate act( I'm guessing it is like a pardon/forgiveness and hide the conviction) he will still need to declare everything on the forms for immigration benefits and will need all court records regarding it.

We've been throwing all our info out on the table, but the few lawyers we've met so far either don't specialize in criminal law or quickly glance and say "nah". The clean slate is a forgiveness deal. We just have trouble finding a lawyer who is able to communicate well and willing to work on our case without looking at it as black-and-white.

[Boiler 45,743]

I have mentioned an excellent waiver lawyer

[Ontarkie 14,313]

I would not do anything else until you contact one the two lawyers mentioned in this thread. Both of these lawyers are straight shooters. They will tell you if it is possible. Laurel Scott I think is retired but the firm is still going and can tell you one way or another. 

 

15 minutes ago, CyberCat said:

We've been throwing all our info out on the table, but the few lawyers we've met so far either don't specialize in criminal law or quickly glance and say "nah". The clean slate is a forgiveness deal. We just have trouble finding a lawyer who is able to communicate well and willing to work on our case without looking at it as black-and-white.

The clean slate is good to go after but just remember it will not make it like it never happened fo US immigration. It will still need to be mentioned and have the court records submitted. 

 

I don't know why the other lawyers said no way. It could be out of their wheelhouse or they it's because they know more then us. Regardless contact the two listed above and they should give you the honest truth, if your spouse is eligible for a waiver. 

[CyberCat 0]

20 minutes ago, Boiler said:

I have mentioned an excellent waiver lawyer

Yes, I was looking into them a while back! I did see that they charge a $375 consultation fee... with the amount of "no" we have run into, I was skeptical paying that much up front for a lack of help, especially since I was recently laid off. Are there any financial assistance options with this practice?

[CyberCat 0]

7 minutes ago, Ontarkie said:

I would not do anything else until you contact one the two lawyers mentioned in this thread. Both of these lawyers are straight shooters. They will tell you if it is possible. Laurel Scott I think is retired but the firm is still going and can tell you one way or another. 

 

The clean slate is good to go after but just remember it will not make it like it never happened fo US immigration. It will still need to be mentioned and have the court records submitted. 

 

I don't know why the other lawyers said no way. It could be out of their wheelhouse or they it's because they know more then us. Regardless contact the two listed above and they should give you the honest truth, if your spouse is eligible for a waiver. 

Probably will agree with it being out of their scope. We plan to be up front about everything and provide all the info we can regarding everything he's gone through so I hope that will be sufficient for the application...

 

Thank you all for responding to this, I've been starting to feel pretty hopeless, but there may be a chance yet.

[OldUser 6,999]

56 minutes ago, CyberCat said:

Yes, I was looking into them a while back! I did see that they charge a $375 consultation fee... with the amount of "no" we have run into, I was skeptical paying that much up front for a lack of help, especially since I was recently laid off. Are there any financial assistance options with this practice?

Often consultation fees get used towards legal fees. E.g. lawyers will use $375 towards their fees making consult "free". The reason for fee is high hourly rate. Nobody can afford to charge $50-100 for high end service with expensive office rent and other costs.

[Boiler 45,743]

This is going to be a very lengthy and expensive process, assuming whatever he did is waiverable.

 

Would it not be more logical for you to move?

[CyberCat 0]

2 hours ago, Boiler said:

This is going to be a very lengthy and expensive process, assuming whatever he did is waiverable.

 

Would it not be more logical for you to move?

Ok, and sadly no because he was in foster care so he doesn't have much. I have some family, pursuing graduates, and pretty established here in the states minus a recent layoff

[Lemonslice 4,922]

Does he have all the paperwork related to his conviction(s)?  If not, gather as much as possible for the lawyer to review.  

$375 is not cheap, but it seems like a small price to pay to know if your project is feasible.