Immigration Issues/denied entry to usa

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Question
Hi Eileen,could you please tell me what steps i can take next in order to gain a waifer of visa to visit my faughter in the usa. i was convicted of culpable homicide some twenty six years ago, iserved two years in prison and i havent been in prison since or before my arrest. i am a decent person and i only defended myself from attack. i dont want to go into all the details but i think i am being unfairly treated a this was something that happened a long time ago and i havent re-offended since.All i want to do is visit my daughter and spend some tome with her. i own my own home and i am in full time employment.

Answer
Eileen Chun-Fruto, Los Angeles immigration attorney writes:

Dear William,

Sorry to hear of these misfortunes.  However, gaining a waiver for having been convicted of homicide is going to be very difficult.  It is up to the US Embassy in your country to take the waiver application and as I understand it, the waiver application is not always adjudicated at that Embassy.  This means that the waiver will be forwarded elsewhere for adjudication and it will likely pend for a long time, months, even a year or more.  This is typical.

Is your daughter a US citizen?  If so, maybe she can apply for a greencard for you and if so, there is a slightly different process to submit the waiver and it could be approved more willingly.  

Good luck,
Eileen Chun-Fruto
www.fongandchun.com
www.immigrationvisaattorneyblog.com

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Eileen Chun-Fruto

Expertise

I can answer any employment-based immigration question including questions about PERM labor certifications, H-1B skilled workers, L-1A multinational managers or executives and L-1B specialized knowledge, R-1 and I-360 religious workers, investor cases (E Treaty Trader and E Treaty Investors and EB-5 "million dollar investors") and O-1 extraordinary ability cases. I can also answer any questions regarding family-based immigration, such as adoptions, waiver cases, consular processing (using foreign consulates to enter as an immigrant), marriage and fiance/fiancee cases, 245(i) cases, VAWA (Violence Against Women's Act), battered spouses, and Child Status Protection Act (CSPA).

Experience

I have over 12 years of experience in business and family immigration. I was a former law clerk for the Executive Officer for Immigration Review (the immigration courts) in San Francisco and I current serve as the California Service Center's (CSC) liaison on behalf of the Los Angeles County Bar Association. I represent individuals and corporations alike, ranging from professionals in the high tech, science, liberal arts fields. I have a special niche in working with start-up companies and individuals with more complex immigration issues.

Organizations
Member, American Immigration Lawyers Association Member, Los Angeles County Bar Association, Executive Committee on Immigration

Education/Credentials
J.D., University of California at Davis - King Hall School of Law (1997) B.A., University of California at Irvine, cum laude (1994)

Awards and Honors
2005, 2006, 2007, 2008: Selected to Southern California Rising Star - Super Lawyers List (an honor shared by no more than 2.5% of the attorneys practicing in the entire Southern California region) Faculty/Moderator on various AILA and LACBA continuing legal education seminars in the following topics: H-1B, O-1, religious workers, business immigration visas

Past/Present Clients
My typical business clients can range from a start-up company, established engineering and software research and development companies, manufacturing, trade and distribution companies, public and private schools, and religious organizations. Family clients include spouses, parent-child petitions, siblings, naturalization, and most especially, representation of abandoned and neglected children viewed as orphans under the immigration law. I have represented many clients who relied on special provisions of the immigration law to preserve or "grandfather" benefits to family members in limited (and complicated) circumstances, to avoid re-application fees and longer waiting times.

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