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I need someone who knows about possible waiver for prison…

Customer Question
I need someone who...

I need someone who knows about possible waiver for prison time

Lawyer's Assistant: Have you filed any paperwork with the USCIS (U.S. Citizenship and Immigration Services) yet?

Yes we passed interview but haven’t sent in Police report from Spain. Conditional on that. He is a Cuban national

Lawyer's Assistant: Have you talked to a lawyer yet?

On this site before but they always just said read this web site

Submitted: 5 months ago.Category: Immigration Law
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Answered in 7 hours by:
11/19/2017
Immigration Lawyer: Judith Ludwic, Immigration Lawyer replied 5 months ago
Judith Ludwic
Judith Ludwic, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 29,505
Experience: 34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
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Hello my name is ***** ***** I am delighted to answer your questions. I am reviewing it and will post your answer momentarily.

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Immigration Lawyer: Judith Ludwic, Immigration Lawyer replied 5 months ago

Welcome to JustAnswer! I have 34 years experience as an immigration attorney and I am here to help resolve your immigration issue. Tackling these issues can sometimes get confusing. Should you need to chat on the phone or document review, I am able to do that for an additional cost. Let me know at any time during our question and answer session if you are interested.

Do you mean a hardship waiver for a spouse who has done time in prison and is not trying to to be inadmissible for their green card?

If YES, what was the crime?

What was the sentence he received?

What was the possible maximum sentence he could have possibly received?

Judith

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Customer reply replied 5 months ago
A waiver for domestic violence.
I researched it.
It says a waiver would be mandatory.
Would they grant in a case like this ?
In 2004 in Spain convicted of.
Prison sentence 3 months .
Got out .
Did again same woman .
6 months bc repeat offender.
Then last one in 2007 was also called domestic violence but was sentenced to community service .
No prison time .
All of this age 30-33 in Spain
He is 43 now.Cuba record clean.
These were in Spain. 2004 & 2007
Immigration Lawyer: Judith Ludwic, Immigration Lawyer replied 5 months ago

First NO waiver is mandatory, it is mandatory that the USCIS grant his request in order for him to have an adjustment. The grant of the waiver is totally up to the USCIS.

Your spouse seems to have a multi-conviction for DV arising out of 3 different events.

How did he enter the US? With a visa?

The examiner saw he was living in Spain for more than 6 months and wants the police clearance?

Judith

Judith

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Customer reply replied 5 months ago
Domestic violence.
Does any speak spanish ?
Could send Police report from Spain.
May 2004 said there were 2 counts gave him 8 months .
Then for same woman while he was in prison there was another sentence it also says 2 counts
This one says repeat.
Sentence was 6 months each count .
So he did .
8+6+6= 20
Months the sentences ran consecutively .
He was already in prison when the September sentencing was made.
Customer reply replied 5 months ago
Repeat offender.
Customer reply replied 5 months ago
I think each count was up to 1 year.
Immigration Lawyer: Judith Ludwic, Immigration Lawyer replied 5 months ago

You have to provide the police report or it is fraud if he does not disclose.

They will not approve without the police report.

It will be extremely difficult to get a waiver for DV as a repeat offender who has done more than 6 months jail time. It raises under immigration law to aggravated felony..

Here is a blog to the strategies that may be successful for you of you fall into any of the categories.

http://www.ilw.com/articles/2007,0717-scott.shtm

I hope that helps! Please let me know if you have any other questions. I appreciate this opportunity to help you. I do not receive a salary here at JustAnswer, and am only compensated for my time after receiving a rating. If you are very satisfied with my answer please take a moment to click on the 5 stars at the top of the page. The question thread remains open and you can ask follow-up questions.

Judith

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Customer reply replied 5 months ago
It was all charged at one time they did not use the word aggravated .
It was all with same person.
Immigration Lawyer: Judith Ludwic, Immigration Lawyer replied 5 months ago

I have questions that under US IMMIGRATION LAW, not Spain criminal law that Different standards.

It raises under immigration law to aggravated felony.

You will need to have a criminal lawyer read the Spanish law under which he was convicted and determine if the acts arose out of ONE act or over a course of time. Being charged for 3 different crimes at one time does not make them all arising out of one act.

He needs a waiver.

Judith

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Judith Ludwic
Judith Ludwic, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 29,505
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Experience: 34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.

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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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