Reuniting a Family After a Deportation

[dkstrong010]

X’s family has not been together for over a decade. X’s dad and X were separated from X’s mom and X’s sister for ten years—X’s dad and X in America; X’s mom and sister in Indonesia. X was able to help X’s sister gain entry into the U.S. approximately two years ago. However, X’s mom’s case is much more challenging.

X’s mom’s visa request (note that her husband—X’s dad—petitioned for her) has been denied for the following reason: her application is ineligible under 212(a)(2)(A)(i). She was convicted of having committed two crimes involving moral turpitude (CIMT); the crimes were petty theft offenses; she only received a $100 fine and granted conditional and revocable release for a period of 1 year, even though she didn’t willingly and knowingly commit the crime.

The U.S. embassy in Jakarta, Indonesia, told X that X’s mother needs to complete an I601 waiver of inadmissibility. Is there any other route to get X’s mom over to the U.S. and reunite the family aside from filing the I601 waiver? Is there something that X doesn’t know about? Note that X is aware of the Petty Theft Exception, but unfortunately it doesn’t apply to X’s mom’s case because of her two petty theft convictions. Is there any post-conviction relief that X should know about?

Since X is from California, X decided to check the California Penal Code to see whether the petty theft offenses are considered CIMTs. From X’s research, he/she thinks that they are. If X checked the wrong source, someone please tell him/her. After that finding, X asked, “well, what about statutory limitations on petty theft offenses or on CIMT?” X couldn’t find any legal information about that, so X contacted California’s DOJ. They told X that the statutory limitations on petty theft offenses and criminal records in general are 100 years. Can someone tell X if this is true because the representative didn’t seem absolutely sure?

At this point, X has hit a massive roadblock. X doesn’t have any legal training, and X’s family can’t afford legal counseling without incurring intense financial hardship. X wants to find another route besides filing the I601 waiver because he/she thinks that filing the waiver will only cost X’s family more money and yield no results. Any help you can provide will be greatly appreciated.

Thank you for your time,

DK

[Mr. Knowitall]

Why a 601 waiver instead of a 212 waiver, given that her ineligibility is premised upon INA 212 and her criminal history?

Stealing is a crime involving moral turpitude. I don't know what "statutory limitations" you're talking about, but an adult keeps her criminal record for life.

[dkstrong010]

Why a 601 waiver instead of a 212 waiver, given that her ineligibility is premised upon INA 212 and her criminal history?

Stealing is a crime involving moral turpitude. I don't know what "statutory limitations" you're talking about, but an adult keeps her criminal record for life.

Mr. Knowitall,

That's a really good question. From the I601 waiver, it states that it is for aliens who have been found inadmissible. It was given by the US embassy. Do you know whether a 212 waiver is needed as well?

Note that the family member was not deported, but voluntarily left after the tourist visa expired, if that makes a difference.

[aaron]

If the ineligibility is based on criminal convictions, not overstay or deportation, then the I-601 is appropriate.

[dkstrong010]

First, thank you to Mr. Knowitall and aaron for replying.

According to aaron, the I-601 is appropriate for an ineligibility based on criminal convictions. Okay, so that's true in x's mom's case because of her two petty offenses.

But she also overstayed her visa 12 years ago. I understand that if someone overstayed, they're subject to a 10 year ban from the U.S. But since it has been 12 years, does she have to file the 212 AND the I-601?