Asked in Immigration Law for New York

Q: I-601 waiver, any hope to submit or give up and live in shadow? the US.


me, my husband and child are devastated because come across the definition of aggravated felony for immigration law. He CAN NOT go to Ukraine because of his sick elderly mother and we were feeling that we can win I-601 waiver for my theft outside the US. which occurred 16 years ago and arrest resulted in the decision of court which is 2 years sentence (no prison but probation which can't be expunged ever).

Now we want to submit waiver package but come across the definition 'aggravated felony' and it says that of the sentence 1 year or longer(looks like disregarding probation etc) it makes me immediately deportable and barres from waivers. Am I right? or period of probation or parole is not counted as part of the one year sentence requirement for an aggravated felony?

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1 Lawyer Answer
Rachel Einbund
Rachel Einbund
  • Immigration Law Lawyer
  • New York, NY
  • Licensed in New York

A: Hi, You ask a very good question. The law is very complicated when it comes to immigration consequences of criminal convictions, and each case is handled differently, depending on the circumstances. You may be eligible for the waiver despite the conviction/sentence, but maybe not. I would have to ask more questions and look at the court paperwork before saying yes or no. Please feel free to contact me directly for more detailed advice.

Thank you, Best of luck.

-Rachel Einbund, Esq.

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