Will I be deported for evading arrest?

Were you convicted of a felony evading arrest or a misdemeanor?

*Waiver of Inadmissibility* A Waiver of Inadmissibility will have to be obtained. This is an application that will include a legal brief, forms, documents, exhibits, declarations and other evidence. My firm can prepare the entire waiver, and attach all of the necessary documents. It will take several months for the decision, and if done correctly, there is a good chance of an approval. The Waiver essentially makes the crime or ground of ineligibility disappear so that entry or re-entry will be allowed into the U.S. Please note that the Waiver is the critical part of this application, and unless approved, there cannot be any other petition that will allow entry into the U.S. Therefore, the Waiver must be prepared with significant supporting documents.

Based on the facts you have outlined below, you can adjust your status through your US spouse. In regards to your criminal history, your conviction could be considered a crime involving moral turpitude ("CIMT"). If it is considered a CIMT by USCIS or ICE, you would be eligible for a I-601 waiver. The fortunate fact in your favor is that you are protected by section 245(i). You are in a better position then some other immigrants seeking to adjust their status. Has your US spouse filed an I-130 on your behlaf? If not, you may want to get that process going soon.

Do yourself a huge favor and speak to a licensed attorney who is competent on the immigration consequences of criminal matters. The answer really depends on the statute/provision of law under which you were convicted. The concern is whether the crime is one which "involves moral turpitude" and that is a tough one to answer without doing some research and without knowing what to do with that knowledge. Rather than screw around with a paralegal or an attorney who processes papers but cannot argue himself out of a paper bag, find someone who can write effectively and who can can lead you through explaining the process of resolving a case like yours. Not everyone is good at doing that and when you are talking about a complicated legal argument that may need tl be made, find someone who can advocate on your behalf. Start with someone who is good and you have the best chance at success. Good luck.

You will need to get a copy of your criminal record, and provide the dates of when you entered the US and when a petition was filed for you. You will also need to provide information regarding your family and any hardships to leaving the US. A full consultation, when you and your spouse could both attend, would be the best way to determine your options.

You should hire an immigration lawyer to evaluate your case. In particular, the attorney needs to see if your conviction is a crime of turpitude and if so, your family situation can get your waiver approved. Waiver is very hard and is fact specific. Without knowing your case completely, it is difficult to predict if your waiver would be approved.

You will need to hire an experienced immigration attorney to represent you and your wife on your application to become a lawful permanent resident. Based on your record of conviction you may need to file an application for a waiver of ground of inadmissibility (Form I-601); an application that requires knowledge as to the evidence needed to make it a viable one. Your chances of success on an application for a waiver will be based on the documentation you present and the quality of your legal representation. Best of luck.