QUOTE(americankiwi @ Apr 1 2007, 05:04 PM)

When filing an I-601 waiver for an overstay would it be safe to say that it MAY be easier to get approved than if you had a criminal conviction or is it the other way around?
i've asked the same question to several consulate and uscis staff. all off the record responses to me indicate that the USCIS has the attitude that if you were convicted of a crime, served your punishment, and haven't commited any additional crimes , then you have paid your debt to society and are reformed. however for overstays, uscis seems to consider the 3 or 10 year bar the punishment for the crime of overstaying your visa. therefore, when asking for a waiver of the 3 or 10 year bar due to an overstay, you are basically asking for a parole from your punishment.
boils down to this:
convictions: you are asking for the privilage of coming to the US even though you were convicted of a crime and served your punishment
overstays: you are asking for the privilage of coming to the US AND for them to shorten the length of your punishment