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Can two misdemeanors be a base for L-1 denial?

Wayne, NJ |

I was convicted of two crimes involving moral turpitude ten years ago and was allowed to voluntarily depart. Recently two B-1 visas were granted to me and I successfully visited my colleagues. Now I've applied for L-1 visa. My application is still under administrative review for 3 months. Can I be rejected in L-1 visa?

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Attorney answers 4

Posted

Sure, they can reject.

But, if you honestly told the US Consul about the convictions, and have all the court papers, and they weren't crimes of moral turpitude, you should be OK.

Consider consulting with an attorney.

PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship.

Posted

If your convictions were known to the consulate and you were granted B-1 visas, then these same convictions should not be a reason for an L-1 visa to be rejected.

Posted

Since the crimes involved moral turpitude, you might eventually be approved, but the convictions could very well result in a denial. Depending on the crimes, you will likely need a waiver and may be ineligible down the road to receive the L1.
Even if you previously received the B-1 Visas, this does not mean future visa issuance is guaranteed with prior convictions for crimes involving moral turpitude in your background. Also please note that three months time is a long time for administrative processing, but administratve processing in very unusual circumstances may go on for many months (even over a year). I write this, because it is possible the administrative processing may go on for months longer, only to result in a negative decision after its completiion

Posted

You will certainly be rejected, however you can apply for a nonimmigrant visa waiver.

The above is intended only as general information, and does not constitute legal advice. You must speak with an attorney to discuss your individual case.

Asker

Posted

You were absolutely right. After 5 months got reply from the consular on intelligibility. Asked the consular to file/apply waiver to the Custom Boarder dep't. Do I have a chance of a positive decision? Unfortunately it takes 6 months. Is any way I can facilitate the process?

Stephen D. Berman

Stephen D. Berman

Posted

Yes, NIV waivers get granted very often. Stephen Berman Attorney at Law Immigration Attorneys, LLP 8989 N. Port Washington Rd., Ste 201 Milwaukee, WI 53217 Tel. 414.939.8099 Fax 414.939.8098 Sent from my wireless device This e-mail and any attachments thereto, is intended only for use by the named addressee(s) and may contain legally privileged and/or confidential information. If you are not the intended recipient of this e-mail, you are hereby notified any dissemination, distribution or copying of this e-mail and any attachments thereto, is strictly prohibited. If you received this e-mail in error please immediately notify the sender, at Immigration Attorneys, LLP by sending a reply e-mail or by phoning the sender at 312.661.9100 and permanently delete the original copy and any copy of any e-mail, and any printout thereof. Thank you.

Asker

Posted

Sounds like a hope. Can I do something to speed up or should sit tight? 09.02.2013, в 0:02, "Avvo" <email@mail5.avvo.com> написал(а): >

Stephen D. Berman

Stephen D. Berman

Posted

File the waiver. Stephen Berman Attorney at Law Immigration Attorneys, LLP 8989 N. Port Washington Rd., Ste 201 Milwaukee, WI 53217 Tel. 414.939.8099 Fax 414.939.8098 Sent from my wireless device This e-mail and any attachments thereto, is intended only for use by the named addressee(s) and may contain legally privileged and/or confidential information. If you are not the intended recipient of this e-mail, you are hereby notified any dissemination, distribution or copying of this e-mail and any attachments thereto, is strictly prohibited. If you received this e-mail in error please immediately notify the sender, at Immigration Attorneys, LLP by sending a reply e-mail or by phoning the sender at 312.661.9100 and permanently delete the original copy and any copy of any e-mail, and any printout thereof. Thank you.

Asker

Posted

Thank you. That was exactly what I did. I authorized Consular Officer to file a waiver With CBP.

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