Did you know that certain crimes may be “forgiven” when you are seeking an immigrant visa or adjustment of status (i.e., a green card)? As discussed in earlier posts, a criminal record of any kind has significant immigration consequences. Generally, a person is deemed inadmissible if they have committed a crime. However, certain waivers are available to people with a criminal background when applying for a visa, admission or to adjust your status. One such waiver is the “15-Year Waiver.”
To be eligible for this waiver,
1. the crime must have occurred more than 15 years prior to your application for the visa, admission or adjustment of status;
2. your admission to the U.S. would not be contrary to the national welfare, safety or security of the U.S.; and
3. you have been rehabilitated
This waiver is used for crimes involving moral turpitude and other types of crimes. You don’t need a qualifying relative, and you don’t have to prove extreme hardship to a U.S. citizen or Lawful Permanent Resident family member. This waiver is discretionary (meaning the Government doesn’t have to approve it).
The Government is looking for certain “evidence” that you’ve been rehabilitated and no longer a threat to the community. A good immigration attorney can help you prepare a strong waiver application and analyze whether you are eligible for this waiver. The attorney can also tell you whether your crime is a “crime involving moral turpitude.” If you are living abroad or already in the U.S., you may apply for this waiver.
I’m here to discuss your rights and to help you understand the law. If you have been waiting to get your status straightened out, wait no longer! If you have been thinking about becoming a citizen, wait no longer! If your spouse, children, relatives, friends or co-workers need to work with an immigration defense lawyer, tell them to call me ASAP.
Call me at (718) 301-9732 to schedule a consultation. Or schedule the consultation on my website at www.lnmcbeanlaw.com.
The information provided in this post is solely for general information purposes only. It should not be construed as a communication of legal advice or opinion. Further, this information is not intended to create an attorney-client relationship. Attorney advertisement.