) I have been convicted of Public intoxication With alias name 13 years ago,and 3 driving out license 2 in AL and 1 in TN the pd got wrong year of birth 1 of driving license conviction,
4] I enter the USA without inspection. will this affect the I 130 process and make me Inadmissible to comeback to the USA
No, as to the I -130 process. Potentially, as to the inadmissibility question.
The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter,not should it be viewed as establishing an attorney client relationship of any kind.
Since the I-130 petition is one's close family member's petition on one's behalf, one's prior misdeeds and/or criminal conviction(s) will not affect its approval - if correctly filed.
Since entered without inspection, however, you are not eligible to adjust status in the USA and upon your obligatory departure to apply for an immigrant visa abroad you will be deemed inadmissible for at least 10 years and will need an "extreme hardship" waiver to be approved, to "waive" your years long "unlawful presence".
It will, however, only waive that. US consulates abroad are very creative in often discovering other grounds of inadmissibility based on which to deny immigrant visas...
If my answer is the "BEST ANSWER" and/or "HELPFUL" please mark it accordingly. Fluent in 7 languages. Certified Specialist in U.S. Immigration & Nationality Law, The State Bar of California, Board Of Legal Specialization. 25 years of successful immigration law experience. The answer above is only general in nature and cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.
I recommend you arrange a consultation with a good immigration lawyer to discuss whether you might be eligible to file an application for a provisional waiver of unlawful presence. This type of waiver would let you apply for the waiver and get a decision on it while still in the U.S. Otherwise getting such a waiver requires a lengthy stay outside the U.S. and, since the waiver uses subjective eligibility criteria, no certainty about whether it will be approved and you will be able to come back at all. You should also have a good immigration lawyer interview you to make sure you are not eligible for a 245i adjustment which would allow you to get your green card without leaving the U.S. and without triggering the unlawful presence bar.
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