helpseeker

There is a waiver present in law for 15 years old convictions. Do these 15 years start from the day when case was decided or from when the sentence was ended. If probation was part of sentence does the probation time will be counted as well. i.e if some one is sentenced for 30 days with one year of probation than 15 years for this waiver will be applied to him from the date when he was convicted or the date when his probation was ended.

Is any waiver available which doesn't have 15 years condition, beside the one which states jail time should not exceed from 6 months.

Sportychico

not sure i agree with the 15 yr rule (i.e someone who commits a major crime (murder) will not get in) as the US dont take this into account....if you cant get through on VWP you need to apply for a B2 visa...your police certificate (from Acpo) will probably state 'no live trace' if the incident was over 5 yrs ago and not a major crime.....If you are turned down for B2 you can then apply for a 'permanent waiver of inadmissability'.........

crg

I'm not quite sure what you're asking. Are you asking if a criminal conviction would drop off after 15 years?

If someone needs a waiver for a criminal conviction then it doesn't matter how long ago the conviction occurred. They still need a waiver for life with a few exceptions. If they had two shoplifting convictions or a drug possession conviction on their 18th birthday in 1920, they would still need a waiver for that today.

The decision to grant or deny the waiver will take into account the amount of time that has passed without any further incidents of criminal behavior. The minimum amount of good behavior is supposedly 3 years starting when all jail/prison/probation/parole/etc has been completed.

helpseeker

Conviction of "indecent exposure in public place" in 1994 with sentece of 1 year in jail 11 months suspended, 1 month over the weekends with 2 years of active probation with mental health counsoling. all was completed successfully. Now in May 2009 will this conviction be 15 years old? I read in one of the immigration book, there is a wavier for rehabilitation if conviction is 15 years old. Please keep in mind I have two latter aressts but cases were dismissed. But no issues since 2003.

helpseeker

Oh one more clearification, I am already in USA waiting for my court date for final decesion.

crg

Wheh and how did you enter? What is your status now? I'm less familiar with waivers available during removal proceedings than I am with waivers and grounds of inadmissibility.

This is your FIFTH thread about your problem. We can't be expected to dig through all of the other threads to figure your situation out.

If you already had another thread about your situation, you should stick with it. Starting a new thread with a new question and 1/100th of the story isn't going to get you good information.

helpseeker

I aggree I should have stick with one thread to keep things easy ...... I cam in USA on diplomatic status .... currently I am on work authorization (EAD) pending approval of I-485 pending court date. you can give your feedback on the basis of waivers and grounds of inadmissibility, if you are more fimiliar with that. Since I have only one conviction and subsquent 2 arrests were dismissed, do I have chance to be approved for Green Card. I am in 4th circuit court. Since my 2 latter arrests were dismissed they can not be used against me.
My first conviction was when I was on diplomatic status, would that help?

helpseeker

I aggree I should have stick with one thread to keep things easy ...... I cam in USA on diplomatic status .... currently I am on work authorization (EAD) pending approval of I-485 pending court date. you can give your feedback on the basis of waivers and grounds of inadmissibility, if you are more fimiliar with that. Since I have only one conviction and subsquent 2 arrests were dismissed, do I have chance to be approved for Green Card. I am in 4th circuit court. Since my 2 latter arrests were dismissed they can not be used against me, is it true?
My first conviction was when I was on diplomatic status, would that help?

md95065

This is way too complicated for you to be getting advice on an internet discussion forum.

You need an experienced immigration attorney.

If you don't have one - get one.

If you do have one then ask them about the specifics of your case.

crg

Admissibility and removal are very different.

Are you an A or G? You may have entered with diplomatic status, but if you're not currently representing your government or an international entity like the IMF, or World Bank then you are not in compliance with the terms of your admission and therefore out of status and no longer considered an A or G.

andy1

Any offence you have EVER been to court for and have been convicted of WILL be on your police record , there is no amnesty /removal , they stay on your record for life !! i had some 27 years ago and low and behold there they were when i applied for my police record . i even got in touch with the records dept in Hampshire and they said they cannot be removed ..EVER ! just depends what the offences were and how U.S. law determines them , scrumping is a CIMT in US.laws eyes !!

ian-mstm

No.

Ian

Manc

I think what would help most would be to stop getting your knob out in Walmart.

snowguy

Google "Exceptional Case Procedures for Removal" and you will see this isn't so. However, chief constables tend not to like you kicking this process off.

Jerseygirl

Helpseeker...what I don't quite understand is you have a conviction for indecent exposure...have been arrested twice although there was no conviction...claim to be a diplomat and you are posting on a public forum. This just doesn't add up to me.