Petitioner with felonies help!!!!

[anfo1986 1]

Good night!,

We are filling out everything, my petitioner has 2 felonies in drugs possesion 7 years ago , he is in parole right now , to make the story short he is in parole because he came to Mexico for the last 7 years and went back to the states so he had to take care of what he did 7 years ago , my question is do we need or not a waiver , want to make sure before we sent everything that we have all documents needed , he will add all the criminal records , and documents from the judge and police but we are confuse if the waiver is needed or not please help !!! Thank you in advance .

[Shauneg 762]

If it is only the 2 convictions than no waiver is needed, It is only with 3 or more that a waiver is needed.

[anfo1986 1]

So if is 3 or more for sure the waiver is needed ? Even if there are some before he was 21 ? And do u know the cost cause I saw is 585 dollars or something like that ... Thank you Shaune you being really helpful and responding quick to my questions ... Thanks a lot !

[Shauneg 762]

Sorry I misspoke, if it's three or more convictions they must disclose it and submit all certified copies of all court and police records showing the charges and dispositions for every conviction.

No waiver is needed unless he was convicted of some kind of criminal violence. For drug offenses solely no waiver needed even if three or more.

[KayDeeCee 4,891]

Waiver is for filing limitations, and that waiver is just a written request/statement/explanation along with documentation. No fee involved. However, this does not pertain to the convictions.

Read the I-129F instructions>

3. What Documents Must You Submit to Comply With IMBRA?

a. If you have ever been convicted of any of the following crimes, submit certified copies of all court and police
records showing the charges and dispositions for every conviction. You must do so even if your records were sealed
or otherwise cleared or if anyone, including a judge, law enforcement officer, or attorney, told you that you no
longer have a record.

(1) Domestic violence, sexual assault, child abuse and neglect, dating violence, elder abuse, and stalking.
The term "domestic violence" includes felony or misdemeanor crimes of violence committed by a current or
former spouse of the victim, by a person with whom the victim shares a child in common, by a person who is
cohabitating with or has cohabitated with the victim as a spouse, by a person similarly situated to a spouse of
the victim under the domestic or family violence laws of the jurisdiction receiving grant monies, or by any other
person against an adult or youth victim who is protected from that person's acts under the domestic or family
violence laws of the jurisdiction.

(2) Homicide, murder, manslaughter, rape, abusive sexual contact, sexual exploitation, incest, torture, trafficking,
peonage, holding hostage, involuntary servitude, slave trade, kidnapping, abduction, unlawful criminal restraint,
false imprisonment, or an attempt to commit any of these crimes.

(3) Crimes relating to a controlled substance or alcohol on three or more occasions, where such crimes did not arise
from a single act.

Edited July 27, 2015 by KayDeeCee

[anfo1986 1]

Thank You both ,?☺️??