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Understanding Criminal Issues and the I-601 Waiver

Navigating the path to obtaining a green card can be challenging, especially if you have a criminal record. Certain crimes can lead to disqualification for a green card, but an I-601 waiver can help. Here's how criminal issues can impact your eligibility and how the I-601 waiver can help you overcome these hurdles:


Crimes That Can Affect Green Card Eligibility:

  1. Crimes Involving Moral Turpitude (CIMT): Offenses such as fraud, theft, and violence.

  2. Multiple Convictions: More than one conviction for any type of crime.

  3. Aggravated Felonies: Serious offenses like murder, drug trafficking, or sexual abuse of minors.


An attorney in a formal setting consulting with a concerned client about the I-601 waiver process to address criminal issues affecting green card eligibility.
Attorney Consulting with a Client on I-601 Waiver for Criminal Issues

How the I-601 Waiver Can Help:


The I-601 waiver allows individuals to request forgiveness for these inadmissibility grounds by demonstrating:

  • Extreme Hardship: To a qualifying relative (spouse, parent) who is a U.S. citizen or lawful permanent resident.

  • Rehabilitation: Proof of rehabilitation and a significant time lapse since the conviction.

  • National Interest: That their admission would not be against the national welfare, safety, or security.


The Complex Process of Filing the I-601 Waiver:


  1. Adjustment of Status:

    • Within the U.S.: The waiver can be filed with the I-485 application or after the interview if the officer finds inadmissibility due to a crime.

  2. Consular Processing:

    • Outside the U.S.: The applicant must first attend an interview with a consular officer, who must confirm inadmissibility due to a criminal charge before the waiver can be filed with USCIS.


Due to these complexities, it's crucial to have experienced legal guidance. At Barrera Legal Group, we specialize in navigating these complex processes and helping clients overcome immigration hurdles. Our experienced attorneys are here to guide you through every step, ensuring your best chance at obtaining a waiver.


Promote Your Path to Legal Residency

For personalized assistance and expert legal support, contact Barrera Legal Group today. Our team is dedicated to helping you achieve your immigration goals.


For more detailed information, visit Barrera Legal Group's I-601 Waiver Application page.

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