245 i derivative grandfathering?

[colorfulx 1]

hi

the i601A is filed while he is in the US

Hello! Thank you for responding too, very optimistic about this waiver. I think after some searching that I was thinking of the regular "I-601 Waiver on grounds of inadmissibility"

Thank You!

[colorfulx 1]

No, you wait out the processing time of the I-601A in the US. It's only when it's approved, sent to the embassy and they then set an interview that he would actually depart.

I still want to explore the possibilty that a petition was filed for him, I'm hoping to be able to file an FOIA request. Really hope my lawyer doesn't think I am crazy, while I have no receipt numbers we do have access to his previous address and offices in which his brother and father filed in during that time, so perhaps that could help.

It's a long shot and I'm not sure that its something my lawyer would allow but eh? What do I have to lose.

[Hypnos 6,576]

Yes. The I-601A process was designed with your husband's circumstances in mind, where overstay is the only problem.

Hopefully this will provide you with the relief you seek; that or 245(i).

[colorfulx 1]

Thank you so much Hypnos, Aleful & Boiler for taking the time to respond to me and help me to understand things. Its been such a relief!

[Boiler 43,469]

I did not realize Domestic Violence is involved.

I think this is a bigger issue than DUI.

Legal consultation would be advisable.

[colorfulx 1]

Yes, domestic assault class b misdemeanor (punishable up to 6mths) He received no fine nor any sentence or probation. He paid court costs $212.

Even if he had received an class A misdemeanor (punishable up to 11mths & 29 days) He wasn't sentenced to any imprisonment.

There is a petty exemption if you have only 1 CIMT and the maximum sentence imposed was no more than 6mths and the punishable sentence was a year or less. so I'm hoping he falls under that. However I will know more after I see his lawyer if the I-601A provisional waiver is available to him, hoping he falls under petty exemption and the fact that both of his convictions are 9 years old, he completed probation and DUI classes that this will work in his favor.

(My husbands domestic assault I assume is his only CIMT; His DUI is not considered a CIMT from what I gather, no aggravating circumstances derived from it. he had a valid drivers licenses and no one was injured or was caused any harm and it was a first offense punishable up to 11mths & 29 days. He spent 48hrs because that is the mandatory sentence for 1st time offenders, although they can be punished up to 11mths & 29 days.)

Edited December 17, 2014 by colorfulx

[Jawaree 717]

DV is a CIMT (can be overcome....why not call

Lizz Cannon or Megan Klundt, the consults are free

just google them.

[colorfulx 1]

I realize the domestic assault is a CIMT. I was hoping it would fall under the petty exemption because the sentence of imprisonment was less than 6mths and the max punishment was 11mths & 29 days.

I have yet to see my lawyer, but I will keep that in mind. I'm still unsure myself if the domestic assault can be covered by the petty exemption offense.

Thank you

[raven52 233]

This is way over my head, but one thing I saw, was the DUI's.,,. which it is not a problem unless you have three.

Then it must be disclosed.

[colorfulx 1]

Here are two links I was given:

DUI (TN) : http://www.moralturpitude.org/tennessee/driving-under-the-influence/
Domestic Assault (TN): http://www.moralturpitude.org/tennessee/domestic-assault/

Neither are CIMT or Aggravated Felonies. However, the Domestic Assault charge is a crime of domestic violence and is grounds for removal. So, I don't really know how that will work out :/

[Hypnos 6,576]

It probably means ICE could come looking for him if they wanted to. They can't go after every single alien that commits a crime, so he hasn't made it on their radar as of yet.

That is an interesting site that I was not previously aware of.

Edited December 19, 2014 by Hypnos

[colorfulx 1]

It probably means ICE could come looking for him if they wanted to. They can't go after every single alien that commits a crime, so he hasn't made it on their radar as of yet.

Being on their radar scares me and him because we know that it doesn't matter how old the crime is, or the good he's done since then. Scary stuff, I'm being told from another site not to try to do the I-601A Provisional waiver. Am happy that I was given the links to that site though because it did clarify the majority of what myself & you have been talking about the past few days.

[Hypnos 6,576]

I'd recommend you also post over at http://immigrate2us.net (if that's not where you're posting already), as they have the most experience with non-standard cases like this.

Edited December 19, 2014 by Hypnos

[colorfulx 1]

Hey Hypnos! Yes, I already posted there. That's how I was given the links. I'm thinking after talking to them that the I-601A Provisional Waiver may not be an option. He can't file under the petty exemption because he needed to only have 1 crime, and he has 2.

Thank you

[Hypnos 6,576]

As I understood it he could have other crimes on his record provided they were not CIMTs, which the DUI isn't. They would know more about this than I though.

Edited December 20, 2014 by Hypnos