Despair over CR1 Criminal Record and Legal Aid

[Verrou 1,961]

try Raymond Lo https://www.raylolaw.com/contact/ he specialize in "difficult" case. some of my friends and acquaintances hired his firm and very pleased with the result. i almost hired his office as well. no sugar coat, if he said he cant, he will tell u. free consultation as far as i remember. if u want his email, shoot me DM

Edited September 6 by Verrou

[Boiler 45,417]

We do not know what the issue is, but there is some suggestion it is not waiverable, just wondered what the plan is if that is the case?

[CyberCat 0]

6 minutes ago, Boiler said:

We do not know what the issue is, but there is some suggestion it is not waiverable, just wondered what the plan is if that is the case?

The conviction in question is an indecent sexual connection with a person under 16. Isolated incident with no jail time, it was a complicated ordeal. Bad decision following his abuse while growing up in state care. I can't recall if I mentioned the Royal Commission investigation.

 

Unfortunately, we both are trying our best to avoid needing to live in NZ and live our best lives together, but will have to make it work to our own detriment if there's no other option.

 

We would consider Canada or Australia, but I'd be so far from my family and everything I have worked hard for. It's hard. 

Edited September 6 by CyberCat
Adding content

[Bob in Boston 697]

Taken from this website:What Crimes Does Immigration Not Forgive? (urbinalawfirm.com)

 

What crimes are unforgivable by immigration and can cause my deportation?

There are a number of crimes that are unforgivable by immigration and can lead to the deportation of an immigrant to the United States. You should know that, according to the Immigration and Nationality Act (INA), if you are deported for any of these offenses, you will be barred from re-entering the country.

Aggravated felonies under INA Section 101(a)(43): Felonies are serious crimes that may include, but are not limited to, physical violence, armed robbery, sex offenses, and drug trafficking….

Drug offenses: this includes trafficking, possession and sale of any prohibited drug.

Crimes of moral turpitude or depravity: These are crimes against morals and ethics, such as child abuse, prostitution (in certain states), incest, lewd acts with minors and theft.

Violent crimes with prison sentences of up to 1 year: Violent crimes, such as assault or battery, can have serious consequences on your immigration process.

Money laundering, fraud and tax evasion for amounts over $10,000: these are serious financial crimes involving concealing or disguising the illicit origin of money obtained through illegal activities, obtaining goods or services through deception or forgery, and the intentional omission to pay taxes.

Sexual offenses: are those that involve any type of non-consensual or forced sexual contact with another person, or any type of illegal sexual activity, such as rape, sexual abuse or sexual harassment.

It is important to keep in mind that every case is different and it is always advisable to seek the assistance of a qualified immigration attorney for specific advice regarding your situation.

[Boiler 45,417]

Serious stuff

 

i need to check and am on my phone so will do later, not going to make an off the cuff comment 

[Boiler 45,417]

OK well this is what I would expect a Lawyer versed in these sort of cases to say

 

Will need to see the full charge and any supporting documents

 

Will need to appoint a NZ Criminal Lawyer to advise on the case

 

Will want to find out if it is possible to reopen the case and change the charge to something US Immigration friendly, no idea if this is possible or would eventually work. But do not see an alternative.

 

So a complicated case, a long case, an expensive case with I would think with a low chance of success.

[Ryan H 3,812]

On 9/6/2024 at 11:16 AM, CyberCat said:

The conviction in question is an indecent sexual connection with a person under 16. Isolated incident with no jail time, it was a complicated ordeal. Bad decision following his abuse while growing up in state care. I can't recall if I mentioned the Royal Commission investigation.

 

I now understand why other lawyers have said no, this situation falls under the Adam Walsh Act.  Overcoming this is next to nil.

[CyberCat 0]

1 hour ago, Ryan H said:

 

I now understand why other lawyers have said no, this situation falls under the Adam Walsh Act.  Overcoming this is next to nil.

No, I thought Adam Walsh act only applies if US citizen has a sexual assault crime? I don't fall under that.

[SalishSea 17,779]

1 hour ago, CyberCat said:

No, I thought Adam Walsh act only applies if US citizen has a sexual assault crime? I don't fall under that.

The immigrant you want to sponsor has an AWA/CiMT crime history, which makes him inadmissible.   
 

And per your other comment, not sure why you think that won’t be an issue for Canada?

 

 

[Boiler 45,417]

Canada has issues with DUIs so that seems a no goer.

 

Australia well there is a sort of free movement with NZ so that might be doable but I do not know.

 

Calling it AWA may not be right but not sure it matters, for example a false claim to US Citizenship is not AWA but a non waiverable ban, and I think we are in the same sort of ball park.

[CyberCat 0]

So much for the Hacking Law group, they aren't willing to help either, citing one of his offenses under 18 as an issue which is a new one for us after other legal teams have said it's fine. What a mess this has been. I reached out to USCIS for clarification since there are abnormal circumstances that lawyers don't seem to have a uniform answer to, and I really don't want to waste more money just to hear another one say we can't be helped, nothing can be done, etc. 

 

We're grasping at straws at this point, the final hope is that his government court hearing after their upcoming public apology (which has taken them over 6 years) will work with him after taking his impact statement. What else can be done at this point.

[Boiler 45,417]

Translation - Hacking will not take my money for a case they consider hopeless.

 

Not the sort of service USCIS provides.

 

He needs to have the case reopened and the charge amended to something not so damning.

 

 

[Lemonslice 4,809]

15 minutes ago, CyberCat said:

So much for the Hacking Law group, they aren't willing to help either, citing one of his offenses under 18 as an issue which is a new one for us after other legal teams have said it's fine. What a mess this has been. I reached out to USCIS for clarification since there are abnormal circumstances that lawyers don't seem to have a uniform answer to, and I really don't want to waste more money just to hear another one say we can't be helped, nothing can be done, etc. 

 

We're grasping at straws at this point, the final hope is that his government court hearing after their upcoming public apology (which has taken them over 6 years) will work with him after taking his impact statement. What else can be done at this point.

At this point, there is nothing preventing you into doing research into third countries where you might be able to both live, while waiting to see what kind of (re)solution he will get from his government;then go back to a lawyer (https://www.scottimmigration.net/ ?) to see if it changes anything.  Wishing you the best.

[CyberCat 0]

46 minutes ago, Lemonslice said:

At this point, there is nothing preventing you into doing research into third countries where you might be able to both live, while waiting to see what kind of (re)solution he will get from his government;then go back to a lawyer (https://www.scottimmigration.net/ ?) to see if it changes anything.  Wishing you the best.

Thank you. Sadly, moving to another country is so much easier said than done. There are significant circumstances that factor in, and me leaving the US would greatly impact us in a negative way.

 

Hopefully there are some options towards us avoiding hardship. His life since childhood under care of the state has been a life-long purgatory sentence. I find it hard to believe that there may be no consideration or relief in sight during his lifetime.

[jan22 3,043]

There really isn’t enough information provided here to give a thorough, reasoned response.  The details of what you referred to as his “criminal history” are very important.  For example, how many criminal convictions?  For what crimes?  Over what period of time?  At what age were the various crimes committed?  Did any of the crimes involve a weapon?  Were any violent acts resulting in serious injury?  Assuming all of that information has been shared with multiple lawyers, including Hacking, and all have refused to take the case, I there is a reason for that which we here are not aware of and that moving forward is with US immigration is highly unlikely.  
 

Sorry to be so blunt, but hopefully, it will help you take a serious look as to whether there truly is anything else you could do toward successfully pursuing US immigration.  Actions such as trying to get a prior conviction relabeled/charge reduced after the fact so it sounds better/less serious, may be expensive and not achieve results that would advance the case.

 

While it is truly horrific that he suffered abuse from the very people who were supposed to protect him, that will not factor into a decision as to whether or not he is ineligible to enter the US.  Assuming all of his issues are waiverable, it could be useful in a waiver application, showing his rehabilitation and how far he has come…but that still isn’t a guarantee.

 

You have some very serious choices to make — I wish you all the best in making a decision and developing a plan that will allow the two if you to live together happily, whether that’s in the US, NZ, or elsewhere.