N-400 approved with Criminal Conviction

Blacky1684

New Member
Hi all I just wanted to tell you a little bit my story. I came to the US with a Tourist visa in 2007. I overstayed the period of time and then I got arrested in 2008 for a Conspiracy case. I plead guilty for Grand larceny second degree Grand larceny Third degree. Wich one of them is a CIMT. The first sentence is 364 days. (Less then a year) 180 days for the second count (Petty offense exception) Realese in 2009. Inmigration give me bail of 5k. In 2010 i married a US citizen and started the process of Green Card. I needed to apply for a Waiver because of the case i have. I file a I-601 got approved and after going back and forth in court in 2014 i recieve my GC (permanent resident 10years GC) My question is this im not longer with my wife we got divorce. I wanted to apply for citizenship under the 5 years law this is the only case i had after that arrest i being clean for 10 years. I have my house Own bussiness now I being paying taxes since 2009 If anybody has an experience similiar to mine i will appreciated the feedbacks. Im trying to apply for citizenship next month in december is going to be 5 years with my GC. Looking forward to hear from you guys. Thanks.
 
Hi all I just wanted to tell you a little bit my story. I came to the US with a Tourist visa in 2007. I overstayed the period of time and then I got arrested in 2008 for a Conspiracy case. I plead guilty for Grand larceny second degree Grand larceny Third degree. Wich one of them is a CIMT. The first sentence is 364 days. (Less then a year) 180 days for the second count (Petty offense exception) Realese in 2009. Inmigration give me bail of 5k. In 2010 i married a US citizen and started the process of Green Card. I needed to apply for a Waiver because of the case i have. I file a I-601 got approved and after going back and forth in court in 2014 i recieve my GC (permanent resident 10years GC) My question is this im not longer with my wife we got divorce. I wanted to apply for citizenship under the 5 years law this is the only case i had after that arrest i being clean for 10 years. I have my house Own bussiness now I being paying taxes since 2009 If anybody has an experience similiar to mine i will appreciated the feedbacks. Im trying to apply for citizenship next month in december is going to be 5 years with my GC. Looking forward to hear from you guys. Thanks.
They will look at your arrest ,your marriage .

How long did the marriage last ?
 
Hi all I just wanted to tell you a little bit my story. I came to the US with a Tourist visa in 2007. I overstayed the period of time and then I got arrested in 2008 for a Conspiracy case. I plead guilty for Grand larceny second degree Grand larceny Third degree. Wich one of them is a CIMT. The first sentence is 364 days. (Less then a year) 180 days for the second count (Petty offense exception) Realese in 2009. Inmigration give me bail of 5k. In 2010 i married a US citizen and started the process of Green Card. I needed to apply for a Waiver because of the case i have. I file a I-601 got approved and after going back and forth in court in 2014 i recieve my GC (permanent resident 10years GC) My question is this im not longer with my wife we got divorce. I wanted to apply for citizenship under the 5 years law this is the only case i had after that arrest i being clean for 10 years. I have my house Own bussiness now I being paying taxes since 2009 If anybody has an experience similiar to mine i will appreciated the feedbacks. Im trying to apply for citizenship next month in december is going to be 5 years with my GC. Looking forward to hear from you guys. Thanks.

Hi Blacky,

I want to ask you for something. I was convicted in Europe in 2008 for battery - 1.5 years in prison, jail for suspended. I still live in Europe but I want to take a chance in Green Card Lottery.
I spoke with an immigration lawyer from NY and was told that the battery from the information below falls under CIMT and that it does not fall under any Waiver of admissibility, and that the 15 year statute of limitations mentioned in 212 INA only covers prostitution (?).

(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 - how you was able to obtain that waiver I-601? Could you give me contact to your Immigration Attorney in private message?
 
Hi Blacky,

I want to ask you for something. I was convicted in Europe in 2008 for battery - 1.5 years in prison, jail for suspended. I still live in Europe but I want to take a chance in Green Card Lottery.
….

Please tell (write) me - how you was able to obtain that waiver I-601? Could you give me contact to your Immigration Attorney in private message?
FYI If you are applying for DV lottery the time and relationships matter. From the instrunctions:

INELIGIBILITIES
36. As a DV applicant, can I receive a waiver of any grounds of visa ineligibility? Does my waiver application receive any special processing?
DV applicants are subject to all grounds of ineligibility for immigrant visas specified in the Immigration and Nationality Act (INA). There are no special provisions for the waiver of any ground of visa ineligibility aside from those ordinarily provided in the INA, nor is there special processing for waiver requests. Some general waiver provisions for people with close relatives who are U.S. citizens or Lawful Permanent Resident aliens may be available to DV applicants in some cases, but the time constraints in the DV program may make it difficult for applicants to benefit from such provisions.
 
FYI If you are applying for DV lottery the time and relationships matter. From the instrunctions:

INELIGIBILITIES
36. As a DV applicant, can I receive a waiver of any grounds of visa ineligibility? Does my waiver application receive any special processing?
DV applicants are subject to all grounds of ineligibility for immigrant visas specified in the Immigration and Nationality Act (INA). There are no special provisions for the waiver of any ground of visa ineligibility aside from those ordinarily provided in the INA, nor is there special processing for waiver requests. Some general waiver provisions for people with close relatives who are U.S. citizens or Lawful Permanent Resident aliens may be available to DV applicants in some cases, but the time constraints in the DV program may make it difficult for applicants to benefit from such provisions.

Does this also apply if they find me inadmissible based on a CIMT I committed?

In your opinion, what is the best way to try to get Permanent Residence in my case?
 
Does this also apply if they find me inadmissible based on a CIMT I committed?

In your opinion, what is the best way to try to get Permanent Residence in my case?
Yes, I don’t even know if you can be considered for a waiver without being able to show hardship to a US resident.
 
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