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Immigration Issues/Can the crime be waived by USCIS?


Dear Sir!
I am a permanent resident of California, my application was approved on March 11 2006, but, I was never given a green card. The USCIS requested the additional evidence that would include the arrest reports and court dispositions of two times I was arrested. I have provided the requested info of the first arrest (where I pled guilty to the crime of moral turpitude) but the second case which was DUI and was dismissed in 2004 got reopened to my surprise by the D.A. this case has been pending for almost year now and I donít see the end of it any soon. USCIS has granted me more time in order for me to get the evidence four times now. My question is: is there any way that this second charge be waived by USCIS, considering that I have a 17 month old child who was born here in U.S. after the incident and is an American citizen?  
Thank you in advance  

Well, first of all, you are not a permanent resident of such term.  What is your current immigration status?  ie type of visa and are you in status.

Regarding your criminal background...what was the CIMT you were convicted of and what was the sentence?
The DUI, depends on the circumstances, but it can be a deportable offense if there are aggravating circumstances.

Regarding the chld issue, unfortunately, the actions of the parents do take a toll on children borne of foreign national parents.  Your conduct is your responsibility and two arrests does not indicate good moral character.  As such, I would strongly caution you about future offenses.  Even permanent residents are deported for criminal conduct although they have a US child. It's on you.

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30 years Immigration law enforcement/management, criminal investigations, Homeland Security including Border Patrol operations

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