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Ron/Sharon

February 17th recieved e-mail - february 23rd recieved letter

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Filed: K-1 Visa Country: Canada
Timeline

File: A********

Application: Waiver of excludability under the Immigration and Nationality Act pursuant to Section 212(h).

The applicant has been found to be inadmissible under the following paragraphs of the Act: 212(a)(2)(A)

Date and Country of Birth: Canada

Nationality: Canada

The specific offense and or conduct upon which inadmissibility is based: The applicant was deemed inadmissible pursuant to 212(A)(2)(A). He was convicted of the unlawful taking of a motor vehicle without consent of the owner on September 24, 1976

The applicant's inadmissibility will result in extreme/serious hardship to the named relative because: Extreme hardship not needed as this crime is not a CIMT. Even if the conviction were a CIMT the crime occurred over 15 years ago and thus is approvable as long as the immigrant does not pose a risk to national security and can show rehabilitation.

Reformation and rehabilitation of the applicant is evidenced by:

The applicant has not been convicted of any other crimes. British Columbia granted him a pardon on November 6, 1992. All criminal reports from locations of residence show no other criminal activities. The applicant does not appear to be a threat to National Security.

It is found that the applicant is statutorily eligible for the relief sought and that the admission of the applicant to the United States would not be contrary to the national welfare, safety or security. Accordingly, on the basis of all of the forgoing and in the exercise of discretion, the applicant(s) will be granted.

ORDER: It is ordered that the application(s) for waiver of inadmissibility under the Immigration and Nationality Act be, and hereby is (are) granted pursuant to section 212(h).

P.S. A hardship letter was not sent with the waiver application, a 4 paragraph letter was; explaining the reason for the conviction, 1) I pled guilty to save time by not returning to court for a trial and save my friend the trouble with his insurance company after the accident the vehicle was involved in. He had loaned me the vehicle, also to write about 2) our past Sharon's and mine 3) our present with death in the family and our own illnesses and 4) our dreams of a future together with the time we have left due to our ages.

P.S.S. One thing is, it seems that convictions have an expiry date of 15 years, my conviction was over 30 years ago. There is no mention of my 221(g) maybe they're installing a breathalyzer for my next interview.

I hope someone can find something else here that is helpful to them.

I hope everyone that read this and those that don't; get a letter like this one, everyone deserves one, some more than others.

Edited by Ron/Sharon

09/20/2006 - Sent I-129F

09/22/2006 - Received at NSC
09/28/2006 - NOA-1 (1-797C date )

10/02/2006 - Cheque cashed

10/02/2006 - NOA 1 (I-797C recieved in the mail)

12/08/2006 - NOA-2 in 79 days

12/13/2006 - NOA-2 hard copy recieved

12/26/2006 - Package recieved by NVC

12/30/2006 - Received by Montreal

01/22/2007 - Received Packet 3

04/16/2007 - Returned Packet 3

08/02/2007 - Received medical documentation

08/07/2007 - Received Interview date Aug. 9th

08/09/2007 - Received I-601 and 212 (not approved yet)

02/17/2008 - I-601 approved 212 abandoned

06/2?/2009 - New medical and passport and doc sent to Mtl

07/22/2009 - Recieved request for DS-221 and notarized letter of intent

07/31/2009 - Montreal recieves thier final requested doc.

09/01/2009 - Visa approved and mail out today

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