Essexgirl13

Hi thanks for replying what facts should I upload for a better opinion ? Dates conviction ect ? Thanks in advance

Essexgirl13

Basically long story short I’ve never declared my conviction as it was 7 years past 1st time ever considered travel to us my travel agent at time said bla bla bla tick no that’s what we recommend so being young Naive and dump that’s what I did and continued to do so to the point I’m at now which is my husband applying for green card status we are now on e2 visa but me having a conviction never declared and basically living here past 6 years on visa I’ve never declared a criminal conviction on. I understand it’s the worst case situation and at my Gc interview I’ll probably be sent back home , so I’m now looking at wavier for criminal conviction + wavier for inadmissible waiver to enter Uk ?

Noorah101

What he meant was that you should have a consultation with an immigration attorney. Your case is too difficult for an internet forum of laymen.

Rene

karenkaren1

the bigger worry for us was not the waiver for the historical conviction, but the possiblilty of needing a waiver for willful misrepresentation ie not being truthful when applying for Esta, If you need this waiver, you can NEVER get a green card. my husbands use of Esta was erroneous and the burden of proof was on him. Good legal representation is everything, we consulted with a couple of lawyers who wouldn't work with us (thought my husband was lieing), then another who we used for a month or so but then got rid of (I had no confidence in him) and then back to the drawing board! It took time, money and stress.

Essexgirl13

Ok thank you

S Folinsky

I’m assuming that the information provided by DoubleKaren and you is accurate as far as it goes. That said, a big difference between your two cases may very well influence how the case is handled an eligibility for relief which might be needed. In other words, although advice may have been accurate for her, it is INaccurate for you. A variation of your mileage may vary.

General comment - in 40 years of practice, I learned to never trust clients’ description of their own criminal records. It would be inaccurate 75% of the time. I needed to see the documentation. On the positive end of the scale, once had a client who informed me of two convictions “for prostitution.” I obtain the documentation — it turned out that her home city would combat prostitution by arrests for “vagrancy, unable to account for himself.” In other words, no “prostitution” no crime involving moral turpitude.

On the negative side, had a client note a minor arrest for charges which were “dismissed with no penalty.” Get the paperwork and oops. Conviction denoted by the judge as a “felony” with probation. Normally would have been a misdemeanor by sentence. Time had passed for reduction upon completion of probation. Refunded fees with “vaya con Dios.”

Also, facts must be examined in a holistic fashion.

A competent immigration attorney to ascertain all of the relevant facts and advise you is a good idea.

Essexgirl13

Thank you for replying yes my conviction is correct I’m speaking today with an attorney. I will update his advice.

Essexgirl13

Hi all spoke with 2 different attorneys both slightly different views. 1st attorney advised at this point I should just wait till green card interview as nothing can be done until my actual visa has been revoked then if it is the next step would be to apply for the waivers both attorneys agreed on this. The 1st attorney advised that is was more then likely it will be revoked and I will be deported and in the mean time I should start building a case for hardship to support me having to return to my spouse and child that remain in usa she also said I can not apply for the waivers whilst in the USA if found inadmissible. 2nd attorney advised my conviction is over 23 years ago and his opinion is that this should be fairly easy to overcome if need be to obtain a waiver but said I can do this from usa as am here now and will be when interview takes place, my biggest hurdle is proving I did not knowingly believe I was giving false information on visa application and generally believed my conviction was past and spent
and did not relate to moral turpitude, he also said the interview will depend on the officer if they believe what I put to them, he said if visa is revoked we should get 30 days to put forward an appeal based on us already living in the USA but also be prepared that there is a small chance I may have to return to Uk to over come my waiver for conviction and misrepresentation. Both said I should carry on life work ect here until the appointment.

karenkaren1

what happens if you need a waiver for misrepresentation? will you stay on an E2? as this waiver would make you ineligible for a green card? I do think in so many cases it comes down to the discretion of one consular officer, good luck!!

Essexgirl13

Hi I would need to prove my spouse and son Would face extreme hardship as they hopefully will get their green cards which is why I think the 1st attorney said I should start building a case on this basis of this incase I am deported and will need to file a 212 waiver.

Essexgirl13

File 212(I)

S Folinsky

E-13 has a somewhat different set of facts than you do. I already said that. She would be waiver eligible.

S Folinsky

You may have slightly misunderstood what the attorney advised. Easy enough to do.

In removal proceedings (used to be called deportation), an immigration judge will, in addition to ruling on removability, also have power of relief from removal, e.g. renewal of adjustment and concomitant waiver.

Essexgirl13

Hi folinsky did you see my post I updated after speaking to attorneys? If so does any of that seem an option in your opinion to my situation ? Thanks I’m advance

Essexgirl13

correct he did say it may all be able to be dealt with here, but also prepare for the worst to return to Uk to resolve it there and apply for waivers ect.