CIMT and DV lottery (green card lottery)


New Member
I want to ask you for something. I was convicted in Europe in 2008 for battery - 1.5 years in prison, suspended jail. I still live in Europe but I want to take a chance in Green Card Lottery or try to obtain EB1 visa.
I spoke with an immigration lawyer from NY and he told me that the battery from the information above falls under CIMT and that it doesn't fall under any waiver of admissibility. You can find on many sites that (for CIMT) if 15 years have passed since the crime then you can file a waiver. I read INA 212 with a lawyer and it mentions 15 years but only for prostitution (D)(i) or (D)(ii):

(h) Waiver of subsection (a)(2)(A)(i)(I), (II), (B), (D), and (E)

The Attorney General may, in his discretion, waive the application of subparagraphs (A)(i)(I), (B), (D), and (E) of subsection (a)(2) and subparagraph (A)(i)(II) of such subsection insofar as it relates to a single offense of simple possession of 30 grams or less of marijuana if-

(1)(A) in the case of any immigrant it is established to the satisfaction of the Attorney General that-

(i) the alien is inadmissible only under subparagraph (D)(i) or (D)(ii) of such subsection or the activities for which the alien is inadmissible occurred more than 15 years before the date of the alien's application for a visa, admission, or adjustment of status,

(ii) the admission to the United States of such alien would not be contrary to the national welfare, safety, or security of the United States, and

(iii) the alien has been rehabilitated;

Please tell (write) me - what to do to obtain possibility to that I-601 waiver? Even on this forum a lot of people write that they filed an I-601 for CIMT and it was accepted. How to do it? Do any of you know of any regulations or precedents that talk about this possibility? In a year and a half it will be a full 15 years since that stupid act. I wish I could move to the US.


New Member
Thanks! I saw that.

What do you think, what if I will apply for EB1/EB2 visa with self sponsorship? Will I have waiver options then?

I was also thinking of making an appointment at the embassy for a regular tourist visa, with no intention of visiting U.S. soon. Just to see if they consider me inadmissible. But this is probably the stupidest option and I lose the possibility of applying for other visas, right?