Husband ewi 2000. Crimes: 1)false informing 2) false govt I'd 3) disorderly conduct 4) dwol. *Married 2010-1 son together & he has primary physical custody of his 2 children from previous relationship. I-130 approved 2012. *Was held on ice bond at local jail (picked up for dwol) released from ice same day and give a paper to wait for NTA (since end of Nov).
What next? 2 attorneys have told me to file i-601a & 1 said COR. I guess what makes me nervous is that the provisional waiver can be approved here but denied in MX because of his crimes.
From my understanding the only crime that is serious is the false government I'd (cimt?) The false informing usually isn't a cimt from my understanding. What is your option?
Looking for insight on here as I've heard great things about this site.
It is correct. If the officer at the consulate finds him inadmissible for any reason, they can indeed deny the visa (not the waiver) as you claimed, despite the approval of the PW by USCIS. This is why this program is underused.
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.
The USCIS will not approve an I-601A waiver when they have reason to believe that the consulate could deny an immigrant visa application due to criminal activity. I think it is unlikely that any I-601A waiver would be approved with your husband's record. So the question comes down to whether you want to go through immigrant visa processing, and file an I-601 waiver (for unlawful presence and maybe CIMT conviction) while your husband is in Mexico and wait 6-8 months, or take your chances with COR (15% to 40% success rate)?
I can't do better than that without a review of the statutes of conviction. Both false information and false ID can be CIMT's depending on the wording of the statutes.
Keep looking for an attorney. A good attorney will tell you the courses of action that are available and let you decide. It's your case, not theirs.
My response to your question is general in nature, as I don't know all of the facts of your case. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. In addition, my answer does not create an attorney/client relationship.
More details are necessary for an honest, meaningful answer. The false id and false informing can both be very serious offenses from an immigration point of view, depending on the exact wording in the statutes. EWI in itself. Good luck in all your endeavors.
crimes 1 & 2 may have a negative influence on the immigrant visa process but that depend upon how the laws regard the conviction (this is the big question). You could try COR once the NTA comes.
My answers are for general information only, NOT A legal advice because these are not tailored to your specific situation. Contact an Immigration Attorney if you need legal advice.
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