Peterdk

Hi Guys,

Is there any of the good folks out there who has been granted a NIV with a Waiver on it due to a Criminal Record (CIMT ) who has tried to apply for a Green Card?
I am currently on L1 with a 5 years Waiver for a criminal record (fraud) on it (been here 2 years) and considering whether there is any chance to get a Green Card at all - its hard to really figure out when googling whether or not a CIMT can be a showstopper or not for trying to get a Green Card.
Seems like its a very subjective matter and before I pay 5000 USD for a Green Card its kind of nice to have an idea about whether there is a chance or not.

Hope anyone can help.

Best,
Peter

scrubbedexpat099

All the waivers I have come across require a Qualify Relative, on what basis are you seeking to obtain a GC?

Peterdk

My employer are asking whether it’s a possibility for me so it will be employer based - same as my L1 visa. I do not have relatives nor am I married to a US citizen/GC holder.

scrubbedexpat099

Best for your Employer to discuss this with their Lawyer.

karenkaren1

Completely depends what the waiver is for. Some require qualifying relative with extreme hardship (eg drugs other than one-off possession under 30g), other not.

tom169

Sounds like a consultation with a good immigration attorney is needed. I have a feeling that you're out of luck as far as AOS goes.

S Folinsky

I am a retired immigration lawyer and I will say I almost never would answer this question off the top of my head.

Also, sometimes, case law may change the analysis.

Do note that a legal consultation need not be with the company's lawyer. Employment lawyers may not be conversant in "crimigration" and vice versa.

Peterdk

shiversaint

We're saying you need to discuss this with a specialist immigration lawyer, be it one retained by your company, one unrelated to your company, or ideally, both.

S Folinsky

By analogy to medicine, sometimes you need a different specialist to look at something. I have my "primary care provider" ["PCP"] and am on first name basis with two specialists. They share records.