Do I qualify for a new visa? 4 Answers as of June 06, 2011

I signed a voluntary departure after spending two weeks in county jail for petty theft 2 years ago when i was 20 yrs old I have a two and a half year old baby with my U.S citizen fiancee and wonder if I qualify for a K-1 visa?

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World Esquire Law Firm
World Esquire Law Firm | Aime Katambwe
You probably do providing that at your interview you can give a pretty good reason why you should be let back in. Theft is a crime involving moral turpitude and because of that it may affect your eligibility and/or admissibility into the US. It most likely qualify for the petty offense exception and therefore you could be OK to come back with a good waiver. I would suggest that you consider doing a K-3 instead. As the spouse and parent of a USC you will carry more weight when you present a waiver of a condition of inadmissibility since you will certainly be eligible for the status you will be seeking. Good luck!
Answer Applies to: California
Replied: 6/6/2011
Fong & Associates
Fong & Associates | William D. Fong
You will likely need a waiver, and the basis is typically a hardship to a USC spouse.
Answer Applies to: Texas
Replied: 6/6/2011
Eric M. Mark, Attorney at Law
Eric M. Mark, Attorney at Law | Eric Mark
The voluntary departure is not a bar to returning, as removal would have been, but your conviction for theft could be a problem that requires a waiver. More information is necessary. Call me for a consultation and we should be able to figure it out.
Answer Applies to: New Jersey
Replied: 6/2/2011
Immigration Law Offices of Misiti Global, PLLC.
Immigration Law Offices of Misiti Global, PLLC. | Nicklaus Misiti
You may have a chance but more information is needed. Speak with an immigration attorney directly. For a free consultation feel free to contact my office.
Answer Applies to: New York
Replied: 6/2/2011
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