waiver question

[chaigirl 0]

My Fiance had his visa interview in Dublin just over a month ago and was denied due to an overstay (under a year) and now has the 3 year ban. My question is, he has 2 dui convictions which were clearly on the police record. Now that we have submitted the I-601 waiver to London for the overstay, can London now deny the waiver because of the 2 dui's even though that's not the reason for the ban? Thanks in advance for your reply.

[jomegared 0]

Oh no!

How long did he overstay?

[canadian_wife 1,822]

It depends, was anything mentioned at the interview about the DUI's? What was written on the denial letter? How long ago was the dui's?

Typically a ban of 3 years is for an overstay of between 180 - 364 days.

Good luck

[chaigirl 0]

Nothing was mentioned about the duis, they were a few years ago. On the denial letter it said he's banned due to his overstay.

He overstayed by around 300 days.

[canadian_wife 1,822]

A few years ago? LIke 2 or like 10?

The longer time between the DUI and the visa the better, has there been any issues since then?

I am sure the DUI's are a non issue, if it was, it would have been mentioned in the denial letter or at the interview

Good luck.

[chaigirl 0]

That's what I thought, that it would have been mentioned verbally or on the letter. But since it hasn't I'm not going to add to my stress by worrying about it. Thanks!

[aossis 0]

That's what I thought, that it would have been mentioned verbally or on the letter. But since it hasn't I'm not going to add to my stress by worrying about it. Thanks!

For waiver purposes, everything the adjudicator has on the record is being taken into account. It is not just about proving extreme hardship, it is also about weighing the mitigating versus the aggravating factors. Even if he wasn't found to be inadmissible on criminal or medical grounds from the two DUIs, it should be addressed on the waiver. Proof of compliance to the sentence and evidence of "rehabilitation" should have been provided with your waiver packet. He must convince the adjudicator that he is not drinking and driving anymore if you want your chances to increase the favorable discretionary decision of your waiver..

[spookyturtle 9,466]

That's what I thought, that it would have been mentioned verbally or on the letter. But since it hasn't I'm not going to add to my stress by worrying about it. Thanks!

For waiver purposes, everything the adjudicator has on the record is being taken into account. It is not just about proving extreme hardship, it is also about weighing the mitigating versus the aggravating factors. Even if he wasn't found to be inadmissible on criminal or medical grounds from the two DUIs, it should be addressed on the waiver. Proof of compliance to the sentence and evidence of "rehabilitation" should have been provided with your waiver packet. He must convince the adjudicator that he is not drinking and driving anymore if you want your chances to increase the favorable discretionary decision of your waiver..

Great advice. Evidence of rehabilitation and length of time since the last DUI will help the case. Check out immigrate2us.net for more waiver info.