Worried About My Conviction

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Apr 13th 2018, 5:58 pm

#31

civilservant

Often not so civil...

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Re: Worried About My Conviction

Quote:

Originally Posted by Extra7

Yes, I have enlisted the help of a US based immigration lawyer whose practice is centered on Sports Immigration into the United States. We have been though my application and he seems to believe that we have a fair chance.

Well if that's the case, what has he said about your conviction? Apparently not a bar? Of course, lawyers can sometime embellish your chances in order for you to pony up the dough. He loses nothing if you are rejected!

Apr 13th 2018, 6:01 pm

#32

Extra7

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Re: Worried About My Conviction

Quote:

Originally Posted by civilservant

Please clarify how you meet "members of the professions holding advanced degrees or their equivalent", and "individuals who because of their exceptional ability in the sciences, arts, or business will substantially benefit prospectively the national economy, cultural or educational interests, or welfare of the United States, and whose services in the sciences, arts, professions, or business are sought by an employer in the United States" with respect to sports?

I guess I'm confused, I think we all thought, based on your original post, that you were applying for a non-immigrant visa since you mentioned sports and that is not the purpose of the EB-2.

The USCIS has stated that the “arts” include athletics.

Apr 13th 2018, 6:32 pm

#33

Extra7

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Re: Worried About My Conviction

Quote:

Originally Posted by civilservant

It's complicated obviously, but the very basic thrust of the argument is that as I was not involved in the actual 'target crime' and also did not even attempt the 'target crime' that such an offense would be considered a grade of misdemeanor in the US.

Also I agree with you lawyers can sometimes paint you an unrealistic picture in order to take your money, however if I don't give it a try I will always be thinking 'what if I had tried?'.

I'll just give it a go!

Apr 13th 2018, 6:42 pm

#34

civilservant

Often not so civil...

Joined: Apr 2010

Location: The Boonies, GA

Posts: 9,561

Re: Worried About My Conviction

As you said, all you can do is 'pay your money and take your chance' - please keep us informed through the process, it is very useful for future posters.

Apr 14th 2018, 3:33 am

#35

crg

American Expat

Joined: Jan 2004

Posts: 7,598

Re: Worried About My Conviction

Quote:

Originally Posted by Extra7

Some convictions are just "what you see is what you get" and based on the offense/sentence. Some have wiggle room based on the elements of the offense. Another poster mentioned categorical and modified categorical approach. Sometimes criminal waivers for immigrant visas are much harder or even impossible to get without a USC family member/hardship factored in.

I'm not sure if equating it to a misdemeanor is going to get traction with the actual sentence served being way more than a year (misdemeanor in the US is usually punishable by up to one year). It's possible the attorney sees an avenue for approval. It's also possible they are financially optimistic. We'll all be interested in the outcome. Thanks for sharing.