Despair over CR1 Criminal Record and Legal Aid

[CyberCat 0]

1 hour ago, jan22 said:

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.

Hi Jan, thank you. It's been a mixed bag of reasons as to why lawyers don't want to help us and whether we can get a waiver, with much ambiguity or quick dismissal in their responses.

 

He has 5 convictions occurred between ages 17-22. The other incidents not mentioned were petty shoplifting, small possession of marijuana + pipe, and theft ex dwelling (age 17); all sentenced community work. None violent, no weapons involved. Typical dumb adolescent stuff.

 

Hopefully someones willing to work with us towards getting a waiver. 

[Boiler 45,743]

I did not think you had filed anything?

[CyberCat 0]

19 minutes ago, Boiler said:

I did not think you had filed anything?

No

[Boiler 45,743]

Well a waiver if available would only be an issue once he has been interviewed for an Immigrant Visa which would take 18 to 24 months.

[jan22 3,056]

5 hours ago, CyberCat said:

Hi Jan, thank you. It's been a mixed bag of reasons as to why lawyers don't want to help us and whether we can get a waiver, with much ambiguity or quick dismissal in their responses.

 

He has 5 convictions occurred between ages 17-22. The other incidents not mentioned were petty shoplifting, small possession of marijuana + pipe, and theft ex dwelling (age 17); all sentenced community work. None violent, no weapons involved. Typical dumb adolescent stuff.

 

Hopefully someones willing to work with us towards getting a waiver. 

How much marijuana?  And was the pipe a second charge under drug laws (that is, was it for possession of drug paraphernalia under the state’s drug code)?

[Boiler 45,743]

On 9/6/2024 at 12:16 PM, CyberCat said:

The conviction in question is an indecent sexual connection with a person under 16.

This is the tricky one.

[OldUser 6,999]

20 minutes ago, Boiler said:

This is the tricky one.

Agreed, everything else pales in comparison. Everything else is somewhat irrelevant if this one is not waivable.

[CyberCat 0]

I've been desperate for legal help on a unique CR-1 case, which has been causing my husband and I a lot of despair. 

 

I have searched for a knowledgeable immigration lawyer throughout this year, but can't find any consistency or one that is able to provide advice (outside of citing the same INA laws to help my partner's case for a CR-1) that'll hopefully get us a waiver for him to join me in the US.

 

My partner, throughout childhood, was a victim of horrific abuse before and under care of the NZ government, as recently disclosed by the Royal Commission inquiry into abuse in state care. He didn't obtain the proper moral compass (something that should be factored into what is a CIMT) before his ejection, which led to poor decisions resulting in old convictions in youth (all non-custodial), then therapy helped build morals after the damage was done. He has since been rehabilitated and can show good moral character, but it seems to not matter in this process?

 

Despite his background, lawyers have been either unable to assist or doubtful that his case will be accepted, disregarding his whole story, and conclude that he won't be allowed to enter the US.  

 

I have been told countless times by community members in immigration groups to go move with him in his country, but no one realizes that his last conviction is considered a specified offense, and therefore a lifetime ban, so he cannot sponsor me to live with him. I've tried applying overseas, but no employer has wanted to hire me and sponsor a visa. He is stuck in social housing, still a prisoner to his own government.

 

What are we supposed to do when no lawyer can help us, and without aid we will never be able to live together?! We are very hopeful and positive people who have been through some serious garbage, but this whole situation is agonizing and taking a toll on our mental health...

Edited November 5 by CyberCat
Clarifying a sentence in the paragraph

[Lemonslice 4,922]

59 minutes ago, CyberCat said:

I've been desperate for legal help on a unique CR-1 case, which has been causing my husband and I a lot of despair. 

 

I have searched for a knowledgeable immigration lawyer throughout this year, but can't find any consistency or one that is able to provide advice (outside of citing the same INA laws to help my partner's case for a CR-1) that'll hopefully get us a waiver for him to join me in the US.

 

My partner, throughout childhood, was a victim of horrific abuse before and under care of the NZ government, as recently disclosed by the Royal Commission inquiry into abuse in state care. He didn't obtain the proper moral compass (something that should be factored into what is a CIMT) before his ejection, which led to poor decisions resulting in old convictions in youth (all non-custodial), then therapy helped build morals after the damage was done. He has since been rehabilitated and can show good moral character, but it seems to not matter in this process?

 

Despite his background, lawyers have been either unable to assist or doubtful that his case will be accepted, disregarding his whole story, and conclude that he won't be allowed to enter the US.  

 

I have been told countless times by community members in immigration groups to go move with him in his country, but no one realizes that his last conviction is considered a specified offense, and therefore a lifetime ban, so he cannot sponsor me to live with him. I've tried applying overseas, but no employer has wanted to hire me and sponsor a visa. He is stuck in social housing, still a prisoner to his own government.

 

What are we supposed to do when no lawyer can help us, and without aid we will never be able to live together?! We are very hopeful and positive people who have been through some serious garbage, but this whole situation is agonizing and taking a toll on our mental health...

Bolded part about his last conviction: I would think his own government will be able to understand the situation and offer relief much sooner than a foreign (US) government.  

 

I have no idea which lawyers you consulted, but if they are known to be competent, and they do not see a solution, maybe there is none at this time.  Sometimes, there is just no path

[CyberCat 0]

18 minutes ago, Lemonslice said:

Bolded part about his last conviction: I would think his own government will be able to understand the situation and offer relief much sooner than a foreign (US) government.  

 

I have no idea which lawyers you consulted, but if they are known to be competent, and they do not see a solution, maybe there is none at this time.  Sometimes, there is just no path

We would think so, but it's been 7 years in his case and over 20 for other survivors dealing with that. Many are still waiting on his government to take action. They are barely issuing an apology next week. That's ridiculous. Idk which will go faster at this rate. We only live on this planet for like 76 years and already at our half way point.

 

We've consulted with immigration and criminal lawyers, we've had to correct them about some laws so pretty sure there is a way but because of this unique situation, we've unfortunately run into many that can only cite things we already know and not offer much else.

[pushbrk 12,999]

1 hour ago, CyberCat said:

We would think so, but it's been 7 years in his case and over 20 for other survivors dealing with that. Many are still waiting on his government to take action. They are barely issuing an apology next week. That's ridiculous. Idk which will go faster at this rate. We only live on this planet for like 76 years and already at our half way point.

 

We've consulted with immigration and criminal lawyers, we've had to correct them about some laws so pretty sure there is a way but because of this unique situation, we've unfortunately run into many that can only cite things we already know and not offer much else.

There is a specific immigration attorney that is often recommended in the waivers forum.  I don't recall her name, but you could ask there.  Such a lawyer can be trusted to give you the correct advice, but don't expect it to be free.  Unfortunately, there are some situations that do not have palatable solutions.

[Boiler 45,743]

4 hours ago, pushbrk said:

There is a specific immigration attorney that is often recommended in the waivers forum.  I don't recall her name, but you could ask there.  Such a lawyer can be trusted to give you the correct advice, but don't expect it to be free.  Unfortunately, there are some situations that do not have palatable solutions.

https://www.scottimmigration.net/

[Boiler 45,743]

https://humanrightsattorney.com/

 

Also Heather

[MarJhi 964]

Was the last conviction that resulted in a lifetime ban the "indecent sexual connection with a person under 16" you mentioned in a previous thread? 

 

To be honest I can understand why any country (not just the US) would want to take on that risk.  All of the rehabilitation in the world isn't going to matter much to any country when they want to protect their children.

 

Regardless of his background of being abused himself as a minor, I don't see any path forward.

[Pinkrlion 2,724]

You are skipping over what has he been convicted of. You say he had no moral compass which lead to make bad decisions which means criminal activity.

Immigration does not focus on background circumstances but they focus on the law. if he has already been given a lifetime ban. You are wasting your time paying lawyers. He does not qualify for a waiver.