Conviction and self-deportation. Visa/waiver options.

[93194 0]

Hello everyone!

I'm a non-US citizen, who was convicted for money-laundering (aggravated, falls under crime of moral turpitude) and sentenced to 3 years probation with an immediate self-deportation. I don't have any removal papers.

I spoke with several immigration lawyers and all of them have different views, few decided not to work on the case at all.

My girlfriend is a US citizen, hardship case would be unlikely from what I heard from the lawyers.

What is my best bet here? What kind of visa and waiver to go for? H1B? L?

Anybody had a similar case before?

I have a limited budget, so i want to start with the most suitable option.

Any help is highly appreciated.

Thank you very much!

[Boiler 43,419]

What basis were you in the US before

I doubt if a work visa would be practical, who would employ you?

[93194 0]

I was paroled for a purpose of criminal prosecution. I made a lot of friends and probably will be able to find an employer. If not work visa, what else may work? Thank you!

[Boiler 43,419]

Sounds like a K1 and I 601, to what extent the waiver is practical depends on the severity of the conviction. Was it a felony?

[Cathi 5,609]

just because you can find an employer, doesn't mean they can file a visa on your behalf. They have to show that there are no US citizens qualified to fill the position.

[Jawaree 717]

Many things are against you, causing no atty to want to be bothered.

Negatives: CIMT (agg fel) Congress 1996 laws does not allow USCIS

to issue you a visa waiver. { Lifetime Bar }

Your sentence was 3 yrs...although on papers USCIS count it as a sentence, even if its

vacated it stands in USCIS rule ( unless charge was a DA mistake)

You opted to be deported...were U an overstayer, counts against U for temp relief in the future.

Deportees have received waivers to work like athletes, entertainers & researcher that would

be asset to the USA (involve lots of money & paperwork)

If U were a LPR congress made it extremely hard for a waiver to be granted (it has rarely)

Self deporting without a fight will speak volume to an adjudicator.

If you have not been outside the USA 15 yrs don't waste your money, a good waiver atty that

may think they can work miracle will charge $10,000-$15,000 *not including filing fees) on a

maybe

The country you are from ;; meaning politically a lot of noise about mobsters, drugs &

money laundering are hot topics. on the hill...gone are the defection days.

I personally always never try to dash ones hope here but engagement or marriage really wont

be an immediate solution....Please never sneak back in or it could be up to 20yrs for your re-entry

Options try living in Canada where you both can meet up easier (Canada has all US convictions

in their system). Or Mexico a few mths of every year (legally) she can come to see you.

Suggestions: Prayers...that Congress will lighten that waiver eligibility for single & non violent

offenders that some advocates are fighting for .Its is not yet quite on the reform agenda.

Get a job in your country, build stability and maybe 4-5 yrs you can apply for B1 with a D3 waiver,

showing home ties, rehab,non immigrant intent (this waiver one cannot adjust on) its temp.

Dude I wish U the best but don't waste your money you have a lifetime bar, USCIS wont allow

ppl to circumvent ways back in thru H1B

[aaron2020 11,651]

Hi,

You have zero chances for a work visa. No employer can file a waiver for you.

Your only chance is through your US girlfriend. Marriage and a waiver is your only possible way back.

[aaron2020 11,651]

I was paroled for a purpose of criminal prosecution. I made a lot of friends and probably will be able to find an employer. If not work visa, what else may work? Thank you!

I can employ many of my relatives from Vietnam. However, there is no way for me to meet the requirements to get work visas for them.

Having friends who can give you a job is meaningless if they can't qualify you for a visa.

[93194 0]

Was it a felony?

Yes. Money-laundering. Plead guilty, surrendered and cooperated, got no jail time.

You opted to be deported...were U an overstayer, counts against U for temp relief in the future.

I was paroled in, never violated my stay, left the country right after my sentencing.

Self deporting without a fight will speak volume to an adjudicator.

I agree, every attorney I talk to says that I should have fought it, but it happened to fast and I was just happy not to get prison term.

If you have not been outside the USA 15 yrs don't waste your money.

Get a job in your country, build stability and maybe 4-5 yrs you can apply for B1 with a D3 waiver.

Too soon to try it now? Since my girlfriend in in the US, it will be viewed as an immigrant intent and they surely do not want it?

Does not look too bright, but thank you for your insight.

[Boiler 43,419]

Getting a waiver as a felon is going to be a very long shot, realistically your GF should look to move.

[aaron2020 11,651]

Hi,

You are not going to work visa since no employer can get you a waiver.

You are not going to get a visitor visa. No waiver is available for a boyfriend/girlfriend. A waiver might be possible with a USC spouse who can show a hardship that would be elevated with you getting a visitor visa. A USC spouse dying may be possible but not one because you miss each other.

The US is not so keen on letting a convicted felon with a crime involving moral turpitude (CIMT) who has violated US immigration law the privilege of visiting. It's not going to happen.

Get marry outside the U.S. File for the spousal visa. File for a waiver. This is your only realistic way back to the US.

Best of luck.

Edited February 24, 2015 by aaron2020

[Jawaree 717]

Hi,

You are not going to work visa since no employer can get you a waiver.

You are not going to get a visitor visa. No waiver is available for a boyfriend/girlfriend. A waiver might be possible with a USC spouse who can show a hardship that would be elevated with you getting a visitor visa. A USC spouse dying may be possible but not one because you miss each other.

The US is not so keen on letting a convicted felon with a crime involving moral turpitude (CIMT) who has violated US immigration law the privilege of visiting. It's not going to happen.

Get marry outside the U.S. File for the spousal visa. File for a waiver. This is your only realistic way back to the US.

Best of luck.

AGG FEL (6c) ban is NEVER waivable even after yrs. the attys turning him down knows that

Getting marry does not help ...its called a lifetime bar.....he can only hope Congress reform helps

with (6c) ban ...two ways to get in : By *U* visa if you were a victim of a crime, your spouse abused you

it was reported & recorded and a DA ,investigating police or Shelter ppl hid you..then you were given

a signed I-918B cerified by one of these ppl....this knocks out all requirement for waivers, it waives

drug dealers , all agg fel. it does NOT waives spies , Terrorists, Nazis, or murderers

B1 App. with D3 waivers (a temp visa) needs no hardship, but one must proves no immigrant intent,

homes ties and good reason to visit, Most attys will tell you let time passes B4 applying, or its a waste

of time, also its rumored with agg fel its scrutinized a bit more, it waives all of the issues except those

already mentioned above. The attys are honest in not lying and taking your money.

Maybe your G/friend can spend the time there with you. Keep up with the news and join the advocacy

group. Others have been told they can never get D3 waivers but with crime they had and time plus

los of $s they overcome

Edited February 25, 2015 by Jawaree

[jan22 2,898]

AGG FEL (6c) ban is NEVER waivable even after yrs. the attys turning him down knows that

Getting marry does not help ...its called a lifetime bar.....he can only hope Congress reform helps

with (6c) ban ...two ways to get in : By *U* visa if you were a victim of a crime, your spouse abused you

it was reported & recorded and a DA ,investigating police or Shelter ppl hid you..then you were given

a signed I-918B cerified by one of these ppl....this knocks out all requirement for waivers, it waives

drug dealers , all agg fel. it does NOT waives spies , Terrorists, Nazis, or murderers

B1 App. with D3 waivers (a temp visa) needs no hardship, but one must proves no immigrant intent,

homes ties and good reason to visit, Most attys will tell you let time passes B4 applying, or its a waste

of time, also its rumored with agg fel its scrutinized a bit more, it waives all of the issues except those

already mentioned above. The attys are honest in not lying and taking your money.

Maybe your G/friend can spend the time there with you. Keep up with the news and join the advocacy

group. Others have been told they can never get D3 waivers but with crime they had and time plus

los of $s they overcome

While some of this info is correct, there is a BIG error that will make researching/using the info difficult...212(a)(6)© has nothing to do with criminal convictions -- it's for fraud or misrepresentation to a US official in an immigration/visa matter (6c1) or false claim to US citizenship (6c2). Plus, even if it were the right category for the OP's situation, 6c1 is, in fact, waiverable for immigrant and non-immigrant visas; 6c1 is waiverable for non-immigrant visas.

[Jawaree 717]

I was saying a 6c ban (when its a lifetime Bar for agg felons) has no waivers

its the law that only REFORM will change...money laudering comes under RICO

theres no waiver whether one did time or not

Edited February 28, 2015 by Jawaree

[Jawaree 717]

I was saying a 6c ban (when its a lifetime Bar for agg felons) has no waivers

its the law that only REFORM will change...money laudering comes under RICO

theres no waiver whether one did time or not

@ Jan I think you are responding to the wrong post this

was not a misrep it was an agg felony federal case that

OP sad he was deported for...Please familiarize yourself

with the different sub sec on (212)( 6c11)