In many I-601A Provisional Waiver for Unlwaful Presence cases, USCIS has denied a Form I-601A if an applicant has any criminal history. A practice that created confusion and delay for eligible petitioners. In these cases, if the record contains evidence that an applicant was charged with an offense or convicted of any crime (other than minor traffic citations such as parking violations, red light/stop sign violations, expired license or registration, or similar offenses), regardless of the sentence imposed or whether the offense is a crime involving moral turpitude (CIMT), USCIS has denied the Form I-601A.

USCIS examined whether officers should find a reason to believe that an applicant may be subject to inadmissibility under INA section 212(a)(2)(A)(i)(I) at the time of the immigrant visa interview if it appears that the applicant’s criminal offense falls within the “petty offense” or “youthful offender” exception under INA section 212(a)(2)(A)(ii) or it appears that the applicant’s criminal offense is not a crime involving moral turpitude (CIMT) under INA section 212(a)(2)(A)(i)(I). After further consideration, USCIS issues this field guidance.

Field Guidance:

USCIS officers should review all evidence in the record, including any evidence submitted by the applicant or the attorney of record. If, based on all evidence in the record, it appears that the applicant’s criminal offense: (1) falls within the “petty offense” or “youthful offender” exception under INA section 212(a)(2)(A)(ii) at the time of the I-601A adjudication, or (2) is not a CIMT under INA section 212(a)(2)(A)(i)(I) that would render the applicant inadmissible, then USCIS officers should not find a reason to believe that the individual may be subject to inadmissibility under INA section 212(a)(2)(A)(i)(I) at the time of the immigrant visa interview solely on account of that criminal offense. The USCIS officer should continue with the adjudication to determine whether the applicant meets the other requirements for the provisional unlawful presence waiver, including whether the applicant warrants a favorable exercise of discretion.

Read the full Memo using this link: http://www.uscis.gov/sites/default/files/files/nativedocuments/2014-0124_Reason_To_Believe_Field_Guidance_Pertaining_to_Applicants_for_Provisional_Unlawful_Presence_Waivers-final.pdf