Our client, a Guyanese national who last entered U.S. in 1993 on a C1 crew member visa was convicted in 2000 in Broward Co. of Felony Battery (originally charged as aggravated child abuse.) The alleged victim in this case was his two month old daughter. Our client says he was coerced into giving a confession about shaking her when she wouldn’t stop crying so he pled guilty.
All the children were removed from their home by DCF and placed with sister in Virginia. Client and wife only had visitation rights for two years. While children (and child with injury) were in her care, sister took victim child to specialized children’s hospital in D.C. where it was determined that child was born with selective mutism and triple x chromosome which can be the cause of learning disabilities which child has now.
Our client was able to file for adjustment with 212(h) waiver for his CIMT due to an I-130 Petition that made him 245(i) eligible. His qualifying relatives were his USC wife of 17 years and his 3 USC children.
We successfully argued that the child’s learning disabilities and other issues were the result of a genetic disorder and not an alleged shaken baby episode. Our client still needed the waiver of inadmissibility because he plead guilty to the felony battery even though he knew he was innocent.
After a lengthy removal hearing, the Miami Immigration Judge granted adjustment of status with a waiver.