Belleview, FL Immigration Law Firms & Lawyers

The provisional I-601A waiver application allows those who are immediate relatives of US citizens (parents, spouses, and children 17- 21 and unmarried) and who have a qualifying relative to whom extreme hardship would befall if the waiver was not granted (US citizen spouses or parents) to file for a waiver of the three or 10 year bars upon return occasioned by their illegal stay in the US while they are in the US and have the waiver adjudicated prior to making a decision to leave the US for consular processing of their immigration papers. Under prior law, such individuals would have to be interviewed by an American consulate officer, refused the immigrant visa, and then informed that he or she could file for an I- 601 waiver. During the waiver application's pendency, they would have to remain outside the US in hopes of a favorable adjudication. The I-601A waiver, however, is restrictive in the type of individuals who can apply in that it only cures illegal stay in the states. Although there was much comment that the provisional waiver should include those with orders of exclusion, deportation, or removal, the final rule did not include persons with other problems. Mothers who have been deported would not be included.

You have to prove good moral character for the 5 years (3 years if married and living with U.S. Citizen) preceding the date you file your N-400 Application. A conviction of a crime involving good moral character, such as larceny, would mean that you have to wait 5 years from the date of the conviction. Whether you were wrongly accused does not matter, what matter is whether you were found guilty. Also, please be aware that many criminal convictions can result in your being deported or removed from the U.S. By filing for Naturalization you would be telling the USCIS of your conviction. Therefore, you should speak to an immigration attorney regarding your situation before you file. Additionally, you should speak to them even if you decide not to file since you could have a problem re-entering the U.S. if you leave because of your conviction.

If he is here illegally, which it sounds like he is, than yes they will deport him. You should speak to an immigration attorney immediately to see what can be done.