Will I be deported for evading arrest? 13 Answers as of June 28, 2013

I entered this country illegally as a child. I am now married to a US citizen and I want to see if there is any possibility of me becoming a US Resident. When I was 19 years old (I am now 24) I was convicted of a State Jail Felony for evading arrest using a vehicle. I pleaded guilty to this offense and my punishment was reduced to a Class A misdemeanor’s punishment and therefore, I was sentenced to 45 days in jail. I have been "grandfathered" under 245i by my mother. I know I do not qualify for a petty offense exception; however, I have been told I might qualify for a waiver. How hard would it be to get this waiver approved? What are the chances that I will instead be deported?

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Pacifica Legal Services
Pacifica Legal Services | Floyd Fernandez
Your question is confusing, because either you were sentenced to a misdemeanor based on them dropping the felony charge, or you were convicted of the felony and receive a light sentence. If the former, then it may indeed be a petty offense exception. If the latter, then you would only qualify, since it is a possible fugitive flight to evade arrest, for a waiver under an I-212 nunc pro tunc provision, and that would be if an extreme hardship is established for your husband. Otherwise you would be removable as inadmissible for at least 10 years.
Answer Applies to: California
Replied: 8/9/2012
Law Offices of Brian D. Lerner, A PC
Law Offices of Brian D. Lerner, A PC | Brian David Lerner
*Waiver of Inadmissibility* A Waiver of Inadmissibility will have to be obtained. This is an application that will include a legal brief, forms, documents, exhibits, declarations and other evidence. My firm can prepare the entire waiver, and attach all of the necessary documents. It will take several months for the decision, and if done correctly, there is a good chance of an approval. The Waiver essentially makes the crime or ground of ineligibility disappear so that entry or re-entry will be allowed into the U.S. Please note that the Waiver is the critical part of this application, and unless approved, there cannot be any other petition that will allow entry into the U.S. Therefore, the Waiver must be prepared with significant supporting documents.
Answer Applies to: California
Replied: 7/30/2012
Law Offices of Patricia M. Corrales
Law Offices of Patricia M. Corrales | Patricia M. Corrales
Based on the facts you have outlined below, you can adjust your status through your US spouse. In regards to your criminal history, your conviction could be considered a crime involving moral turpitude ("CIMT"). If it is considered a CIMT by USCIS or ICE, you would be eligible for a I-601 waiver. The fortunate fact in your favor is that you are protected by section 245(i). You are in a better position then some other immigrants seeking to adjust their status. Has your US spouse filed an I-130 on your behlaf? If not, you may want to get that process going soon.
Answer Applies to: California
Replied: 7/30/2012
All American Immigration
All American Immigration | Tom Youngjohn
If you represent yourself for the green card case, you will have a higher chance that the conviction will be considered a crime involving moral turpitude, in my opinion. You would need a waiver, based on extreme hardship to your parents and spouse (and arguably his parents as well). You would want a "Family Impact Study" from a psychologist to highlight the hardship to these folks. You should be represented by experienced immigration counsel before filing anything.
Answer Applies to: Washington
Replied: 7/30/2012
Abigail Law Firm, PLLC | Meghan Abigail
You should consult with an attorney about your ability to apply for a waiver, meaning that if you are not approved it would cause your U.S. citizen spouse extreme hardship. An attorney can help assess the strength of your waiver. Also, if you were ever the victim of a qualifying crime that you reported to the police, then you could qualify for a U-visa which could waive the criminal history as well. Good luck!
Answer Applies to: Texas
Replied: 7/30/2012
    Law Offices of David Stoller, PA | David H. Stoller
    Do yourself a huge favor and speak to a licensed attorney who is competent on the immigration consequences of criminal matters. The answer really depends on the statute/provision of law under which you were convicted. The concern is whether the crime is one which "involves moral turpitude" and that is a tough one to answer without doing some research and without knowing what to do with that knowledge. Rather than screw around with a paralegal or an attorney who processes papers but cannot argue himself out of a paper bag, find someone who can write effectively and who can can lead you through explaining the process of resolving a case like yours. Not everyone is good at doing that and when you are talking about a complicated legal argument that may need tl be made, find someone who can advocate on your behalf. Start with someone who is good and you have the best chance at success. Good luck.
    Answer Applies to: Florida
    Replied: 7/30/2012
    Law Office of Pho Ethan Tran PLLC
    Law Office of Pho Ethan Tran PLLC | Pho Ethan Tran
    Were you convicted of a felony evading arrest or a misdemeanor?
    Answer Applies to: Texas
    Replied: 6/28/2013
    The Law Offices of Kristy Qiu
    The Law Offices of Kristy Qiu | Mengjun Qiu
    For the waiver process to take place, you basically have to walk into ICE and ask to have a deportation hearing. So if the judge decides against your favor, you will be deported. In that deportation hearing, that is when they decide if they will grant a waiver or not. They will base their judgment on whether your US relatives will suffer extreme prejudice were you to be deported. So you have to show how your deportation would affect your US wife and/or other US relatives that need your support.
    Answer Applies to: Florida
    Replied: 7/30/2012
    Law Office of Rebecca White
    Law Office of Rebecca White | Rebecca White
    You will need to get a copy of your criminal record, and provide the dates of when you entered the US and when a petition was filed for you. You will also need to provide information regarding your family and any hardships to leaving the US. A full consultation, when you and your spouse could both attend, would be the best way to determine your options.
    Answer Applies to: Washington
    Replied: 7/30/2012
    Baughman & Wang
    Baughman & Wang | Justin X. Wang
    You should hire an immigration lawyer to evaluate your case. In particular, the attorney needs to see if your conviction is a crime of turpitude and if so, your family situation can get your waiver approved. Waiver is very hard and is fact specific. Without knowing your case completely, it is difficult to predict if your waiver would be approved.
    Answer Applies to: California
    Replied: 7/30/2012
    Hans Burgos, P.A., Immigration Law Offices
    Hans Burgos, P.A., Immigration Law Offices | Hans Burgos
    You will need to hire an experienced immigration attorney to represent you and your wife on your application to become a lawful permanent resident. Based on your record of conviction you may need to file an application for a waiver of ground of inadmissibility (Form I-601); an application that requires knowledge as to the evidence needed to make it a viable one. Your chances of success on an application for a waiver will be based on the documentation you present and the quality of your legal representation. Best of luck.
    Answer Applies to: Florida
    Replied: 7/30/2012
    Law Offices of Grinberg and Segal
    Law Offices of Grinberg and Segal | Alexander Segal
    You really should speak to an immigration attorney in person about this case. There are a lot of factors that need to be addressed. First, it is important to verify you are eligible to derive benefits under INA 245(i). Second, your arrest could be problematic. To properly assess the criminal conviction, we would need to see the charges under which you were convicted as well as the punishment. This would allow us to determine whether you need a waiver. A waiver would be based upon extreme hardship to your spouse. The likelihood of success will depend upon the types of hardship your spouse would suffer.
    Answer Applies to: New York
    Replied: 7/30/2012
    NAYAR & MCINTYRE LLP
    NAYAR & MCINTYRE LLP | MARIA MCINTYRE
    The waiver process is something that should be taken VERY seriously. So long as your wife can prove extreme hardship and you can show that you are responisible for your past actions and have totally changed your way of life, you definitely have a shot at legalizing your status.
    Answer Applies to: Texas
    Replied: 7/30/2012
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