Waiver or Pardon for Crimes

Waiver or Pardon for Crimes

Characteristics of criminal Waiver or Pardons


Criminal grounds/Criminal cases


If you are found inadmissible on criminal grounds, you may apply for a waiver or pardon of inadmissibility for the following:

 

A. A crime involving moral turpitude (CIMT);

English: NOTE: You are not inadmissible for having committed a CIMT, and you do not need to file a waiver/pardon: if the offense was a purely political offense; if the offense was a CIMT but you committed only one (1) CIMT, you were under 18 years of age at the time you committed the offense, and you were released from any confinement in a prison or correctional institution imposed for the offense more than 5 years prior to the application; or if the offense was a CIMT, but you committed only one (1) CIMT, for which the maximum possible sentence is 1 year or less in prison, and the actual sentence you received was 6 months or less.

B. A violation of the laws and regulations of any country or U.S. state relating to a single (1) offense of simple possession of 30 grams or less of marijuana;

C. Two or more convictions, other than purely political, for which the sentences of imprisonment totaled five years or more;

D. Prostitution;

E. Illegal commercialized vice, whether or not related to prostitution; and

F. Certain aliens involved in serious criminal activities who have invoked immunity from prosecution.

 

The candidate must also meet certain standards.


The crimes committed by the foreign person must be related solely to prostitution or must have occurred more than 15 years ago. Even if none of these conditions are met, waivers may be granted to immediate relatives of U.S. citizens or legal residents who can demonstrate that their refusal of entry would cause great hardship due to family separation. Children and spouses of U.S. citizens and legal residents who have been abused are also eligible.

The foreign national must demonstrate that his or her admission will not endanger national security or safety, and that he or she has been effectively rehabilitated.


Even when all qualifying elements are completed, the officer evaluating a given case has discretionary authority to reject the case, making judgments in these circumstances quite unpredictable.


Alejandro Roque, ESQ. Immigration Attorneys


Contact our experienced immigration attorneys at Alejandro Roque, ESQ now to learn more about the topics covered in this article, or for comprehensive legal assistance and representation.


Our Florida immigration attorneys have extensive experience dealing with a wide range of immigration issues and we understand that every situation is unique. Immigration law is always evolving and dealing with immigration issues on your own can be tedious. We provide services such as Detention Representation, Citizenship, Deportation Defense, Cuban Justice Act, Investor Visas, U Visa, VAWA Visa, Asylum in the United States, Consular Processing, Criminal Representation, Court Representation, Fraud Representation, and Unlawful Presence Representation.


Please call our office if you need assistance with your Form I-601 Waiver and/or Form I-601A Provisional Waiver. Our office will inform you of these updates and assist you through the process.


Pardons require the services of an experienced Miami attorney who can thoroughly examine your case and explain the benefits and dangers of applying for a pardon. Call Alejandro Roque ESQ. today at 786.699.7031 for more information.