US Immigration with Criminal Record
#31
BE Forum Addict
Joined: May 2007
Location: London
Posts: 1,248
Re: US Immigration with Criminal Record
What else triggers a permanent ban of this kind? What about those who have misrepresented themselves as US citizens, for example? Would they be eligible for a waiver?
#32
Lost in BE Cyberspace
Joined: Jan 2007
Location: NW Chicago suburbs
Posts: 11,253
Re: US Immigration with Criminal Record
#38
Account Closed
Joined: Sep 2002
Posts: 16,266
Re: US Immigration with Criminal Record
Again, it is in the definitions. If one already has LPR and has been in the US for 7 years in any status before institution of removal proceedings and 5 years have elapsed since admission to LPR, they are entitled apply for "cancellation of removal." [The syntax of the foregoing sentence is somewhat fractured for a reason.]
I looked into this carefully in the McDonald voting case.
http://www.ca9.uscourts.gov/ca9/newopinions.nsf/1F5E1DEA0281793E88256FB80059E7FE/$file/0371986.pdf?openelement
On the definition, the statute is actually a little contradictory and makes room for immigration lawyers to make some money off of litigation. The ground addresses "false" claims to citizenship. The term "false" is a "term of art" which is much narrower than "erroneous" or "mistaken." However, the next subsection then specifically describes an "exception" from such "false claims" -- the "exception" is not a "false claim" in that it includes a reasonable belief on the part of the claimant that she was, in fact, a US Citizen. There are competing rules of statutory construction that can come into play on this one -- way beyond the scope of an chat room posting.
#39
Re: US Immigration with Criminal Record
I applied for K1 .. then I applied, and was granted an I-601 waiver for a drug offense.
#41
Account Closed
Joined: Sep 2002
Posts: 16,266
Re: US Immigration with Criminal Record
A waiver is available for simple possession of less than 30 oz of marijuana. Also, some crimes indirectly related to drugs may not be "per se" a crime relating to drugs, but may be an "Crime Involving Moral Turpitude".
#42
Re: US Immigration with Criminal Record
it was for 1 gram of pot in 1986.. so right you are, simple possesion of Marijuiana.. and a long long time ago..
we all make mistakes.. some are forgiven.. some are not.
we all make mistakes.. some are forgiven.. some are not.