My husband and I are interested in filing the i601a. He's been in the U.S. for more than 10years without ever leaving and is a person of good moral character. I am a US citizen. I know that proving extreme hardship is not easy and I have to discuss this with my lawyer but at the moment I am wondering if it would be possible at all because he has two charges of disorderly conduct. His records are sealed but can be viewed by law enforcement, of course.
if it was disorderly conduct, then I do not see a problem. It is best to obtain certified criminal dispositions and schedule an appointment with an attorney to review. You are right to understand the importance of working with an experienced attorney to handle the waiver process as it is very complex.
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As you stated, it will not be an easy case.
There are many great lawyers on this site and on www.aila.org who have extensive experience with filing waivers. Also, many will give a free initial consultation. Make sure you have all his immigration records (if any) and his criminal records for the consultation.
Remember, many things are possible, especially if you have an experienced attorney on your side.
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It depends on the facts that led to the charges, as well the specific charges themselves. This is a complicated analysis. To get a taste, there is a chart that was created for crimes in New York. See http://immigrantdefenseproject.org/wp-content/uploads/2011/02/FINALappendix-A_Final5thed2011.pdf. You need to have a lawyer assist you. If you appreciate the time spent preparing this answer, kindly consider marking it BEST ANSWER or HELPFUL. Also, please be sure to read my disclaimer below. Good luck to you.
Dean P. Murray
The Murray Law Firm
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Disorderly conducts should not effect his eligibility. However, I highly advise you to gather all of the court dispositions and meet with an experienced immigration attorney who will be able to review your entire case and advise you of your options. You are correct, proving extreme hardship is difficult. However, often clients do not think they qualify for extreme hardship, but after speaking to an immigration attorney, you may find out that things you did not think were significant, really are, and in fact you have stronger case than you may think. Good Luck.
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It will not be a bar but it will effect his case. The waiver you speak of is discretionary, this means USCIS must consider all evidence as to whether he merits a favorable exercise of discretion. In any event, you will need an attorney to have any chance. My firm handles such cases in NY. Click the link below for more information on extreme hardship.
Law Offices of Nicklaus Misiti
212 537 4407
Legal disclaimer: The statement above is general in nature, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship.