It depends on various factors. The first thing that you have to do is sit down with a lawyer who has handled both asylum and family immigration matters extensively to figure it out. There are many issues to go over.
Your case requires more details to give an accurate answer, especially about eligibility.
You should consult with an experienced professional who concentrates in immigration cases to determine how to best resolve this matter.
Thanks very much
Harlan York, Esq. 973.642.1111
Typically any immigrant serving time is transferred to ICE custody upon completion of sentence. Here is an article I have written on the topic:http://immigrationlawnj.com/7-quick-tips-immigration-detention-release/
The Immigration Act expressly excludes crewmen from adjustment. You're saying that you had a C1 but not crewman. You need to get a thorough review of your case by a veteran immigration lawyer with extensive experience. If adjustment is not available you might be able to get a 601A waiver.
1. Get a top criminal defense attorney now. 2. Consult with an experienced immigration lawyer who understands the consequences of your police problems. A DUI may trigger a visit from Immigration & Customs Enforcement, possible detention and a deportation hearing. It happens often, here in New Jersey.
Harlan York 973.642.1111
A strong 601 and 212 will have better chances of being granted with proper evidence supporting the waivers. Denials can be appealed. I have seen many denials which were based on waivers submitted without proper evidence. It may not be too late to add to your 601 and 212 if you did not send enough evidence already. See my blog post below for more please. Thanks.