K Visa Marriage and move to US after prison sentence?

[creability]

Hi, thanks for a great forum and for taking your time to read my posting.

My girlfriend has had a green-card since the age of 5 when her parents moved from Belgium to California, Her parents are naturalized Americans. She has been living in CA for 30 years with exception of a few years back in Belgium, where we met. She is about a year away from becoming an American citizen. We have planned to get married and move to where she resides in California.

Because of my part in a company board of directors ten years ago (young and not very well read in the ins-and-outs of corporate law), I am now facing charges for tax evasion for which I may or may not receive a prison sentence. The outcome of a possible trial can go either way.

Several of the first questions in both the application to become a Citizen of the US and the application for a Green Card concentrate fairly heaviliy on previous possible criminal activities. Such as:
*Have you EVER been arrested, cited, or detained by any law enforcement officer?
*Have you ever been charged?
*Have you ever been convicted?
My answers to these questions will also have to be verified by Belgian police.

My question is: If I answer yes to any of the above, will I still be able to (realistically) move to the US after marrying my wife (who by then will be an American citizen)?

If I am convicted and spend 2-3 years in jail in Europe, is it still possible to marry an American citizen and move to the US or does a conviction automatically close any chances for me to ever move to the US?

And what is the difference between saying yes to question 1 and 2 above, as opposed to saying yes to all three?

These questions are of course of utmost importance to me and any and all light you can shed on this would be greatly appreciated.

Worth mentioning:
I have no prior convictions
I claim as my defense to have been set up as the fall-guy for the company in question when I was in my 20s and didn't understand what papers I was signing.
I have no other warrants or outstanding claims
I don't even get parking tickets!

Thanks you for your time.

Sincerely,

Creability

 

[Husty]

There's waivers available under 212(h) related to criminal grounds. You MUST be honest with your form and tell the truth.
There's a lot that can be said about your situation, that's why there's law firms and immigration lawyers. If you need legal help, you must contact an attorney, this is NOT legal advice.

 

[creability]

BIG thanks for the reply...

Thanks for your time in writing your reply.
I understand that you are not giving legal advice that is in any way binding, but I would really like to know if anyone has heard of similar cases where an applicant has been given a green-card after a crime such as tax evasion or maybe even worse (which would set precedent for my case...)
At least it seems there might be a glimmer of hope.
If someone else has any input regarding my case I would be eternally grateful.

Thanks for your time in reading about my problem.

Sincerely,

Creability

 

[creability]

New facts

After reading Hustys' reply, I of course looked into the 212(h) and found an interesting passage:

----------
There are two waivers available under INA §212(h)(1). A waiver is available under INA §212(h)(1)(A) if the immigrant establishes that:

the activities for which the alien is excludable occurred more than 15 years before the date of the alien's application for a visa, entry or adjustment of status (unless the alien is excludable for prostitution under INA §212(a)(2)(D)(i) or INA §212(a)(2)(D)(ii), in which case the 15 year time period is not required),

the admission to the United States of such alien would not be contrary to the national welfare, safety or security of the United States, and

the alien has been rehabilitated.

A waiver is also available for close family members under INA §212(h)(1)(B) if the immigrant establishes that he or she is the spouse, parent, son or daughter or a United States citizen or an alien lawfully admitted for permanent residence and that the alien's exclusion would result in extreme hardship to the United States citizen or lawfully resident spouse, parent, son or daughter of such alien.
----------

This raises a slew of new questions:
"The alien has been rehabilitated", does this mean that IF I have served my prison sentence, I will be eligible for the waiver? And what are the chances of actually getting the waiver?

15 years will most likely have passed between the crime and when I apply for a Green Card, visa or any kind of status. Same thing again, will I be eligible, and what are the chances of getting the waiver, how does this work?

My wife will most likely be an American citizen, and she will most likely have a child. Therefore, it will be severe hardship for her if I am not there, she will have a harder time raising the child and a harder time making ends meet. Does this mean that will I be eligible, and what are the chances of getting the waiver?

Many questions.

Please answer even if you are not sure. Any input is welcome!

Thanks for your time and "views" so far.

Thanks to Husty for leading me to the 212(h) paragraph.

 

[Husty]

There's a difference between being statutory eligible for a benefit (such as a waiver) and being entitled to the benefit. The fact that the AG "may" waive certain grounds if you qualify does not mean that the AG "will" waive the grounds if you qualify. Showing that you qualify under the statute does not mean you will get the benefit. Of course, rehabilitation, ties to your community and the such may be positive factors to be considered in a final decision.
Rehabilitation is more than serving a sentence, many offenders serve their sentences and return to criminal activity. Usually, an old conviction would not weight as much as a recent one, this is because time can be a good indicator of rehabilitation.
The hardship waivers are based on "extreme hardship" not just a mere inconvenience or a broken heart. Also, your own hardship is irrelevant here, it only matters the hardship that your sponsor and immediate relatives would suffer. It could be hard to establish any hardship if you are not living together but there's good attorneys that specialize in hardship waivers, you could benefit from such legal representation.
Again, this is one delicate and complicated matter, you should consult with an immigration attorney as soon as possible. This is not legal advice of any kind.

 

[creability]

Thanks again...

I really appreciate any and all advice and information. Husty, you seem to be well educated in these matters and I will use your advice when presenting my case to a lawyer.

If anyone feel like adding more information or pointers to this question, I will of course very much appreciate it.

Husty, thanks for your time and effort!

Sincerely

 

[Husty]

This is NOT legal advice and please don't take it as such. This is only a comment based on personal opinions and a particular view of the events. If you need legal advice you must obtain it from an attorney. This is only a message board where regular people post comments and opinions, not a proper place to seek legal advice. If you do need legal advice please contact an attorney. Again, this is NOT legal advice.

 

[creability]

I fully understand

Dear Husty,

I fully understand that these are just reflections from people who may or may not be correct in their views. But what it does do, and what I really appreciate, is showing me possibilities that I can discuss with my lawyer. Ways to the root of this that maybe the lawyer would not immediately have seen before.

Therefore, I am as always very grateful for any response to my query.

Thanks again for your time.

Sincerely