Skip to main content

Filing i601 waiver

Brooklyn, NY |

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.

Attorney Answers 5

Posted

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.

This is not legal advice and a client attorney relationship is not created. For a free consultation call (718)234-5588.

Mark as helpful

1 found this helpful

4 lawyers agree

Posted

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.

Law Office of Marc Taylor, Esq. PC, www.usavisanow.com, 888-645-6272, info@usavisanow.com , 224 W. 4th Street, Suite 200, New York, NY 10014 The statement above is general in nature and does not constitute legal advice, 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. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.

Mark as helpful

1 found this helpful

5 lawyers agree

1 comment

Asker

Posted

Thank you for your words of encouragement. It means a lot, as we are under a lot of stress.

Posted

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
560 Sylvan Avenue
Englewood Cliffs, NJ 07632
T: (201)875-2600
F: (201)549-8700

Mr. Murray's response is NOT legal advice and does NOT create an attorney-client relationship. You should NOT rely on this response. Mr. Murray's response was generated without conducting a full inquiry as would occur during a face to face attorney-client consultation. It is likely that the response above may be made less accurate, or become entirely inaccurate, as you, i.e. the questioner, disclose additional facts that should only be discussed during a private consultation with an attorney. I strongly recommend that you consult an attorney who is licensed to practice law in your state (or, in the case of immigration law, and attorney in ANY state), whereupon all relevant facts will be discussed. All responses posted by Mr. Murray on Avvo.com are intended as general information for the education of the public, and not for any specific individual.

Mark as helpful

3 lawyers agree

1 comment

Joseph Caraccio

Joseph Caraccio

Posted

That chart is tremendously handy as a quick reference.

Posted

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.

The answers offered here are purely informational and do not create an attorney-client relationship. For more detailed information or to schedule a consultation please contact our office at (718) 924-2896.

Mark as helpful

1 found this helpful

4 lawyers agree

Posted

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.
Regards,
Nicklaus Misiti
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.

Mark as helpful

1 found this helpful

4 lawyers agree

Form I-130 (alien relative) topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics