CIMT conviction older than 15 years

[BlueAge 0]

Hello all,

I am a US citizen, new to this forum and need some advice and some clarification.

A couple of weeks ago my wife of over 15 years was denied entry to the United States because she has on her record a felony CIMT. This dates back 18 years ago and conviction was here in the US (She is a former GC holder). Before this she traveled freely, as recently as last year, to visit me from Europe. The official that denied her entry said that she needed to apply for a waiver in order to come back as either an immigrant or a non-immigrant.

I think he was refering to the Form I-601, but everything I read is talking about the I-601 and trying to establish "extreme hardship".

1) Do we need to apply for a visa first in order for the embassy to be able to establish eligibility or ineligibility?

2) Does any one have any experience with INA §212(h)(1)(A) in regards to Form I-601?

INA §212(h)(1)(A) if the immigrant establishes that:

1. 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),

2. 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

3. the alien has been rehabilitated.

We want to pursue a immigration visa so I think this is the direction we want to go. All advice and ideas are welcome.

[Americanfromage 0]

Hi Blue Age,

Our situations are almost identical. I am currently using a lawyer to apply for B2 visa using I-601. It seems, officially, at least for the B2 visa, we don't have to prove extreme hardship under INA §212(h). However, we are submitting evidence for this anyway. We are going for the B2 visa interview, we will be denied and then we submit the I-601.

Hope this helps!

[BlueAge 0]

Dear Americanfromage,

Thank you for your reply. It's nice to be able to talk someone. I have a few questions if you don't mind.

Are you trying to immigrate to the United States or just visit? What makes you think your visa will be denied?

Do you think that retaining a lawyer is worthwhile? If so, would recommend him/her? In my experience they just help with compiling the the file to submit.

It looks like we are leaning in the direction of a B2 visa as well, at least as far as I can tell. The real unknown for us and for everybody for that matter is how they will evaluate our case.

Please let me know how things go for you and I will do the same. Thanks again.

[Americanfromage 0]

Hi BlueAge,

I have found it VERY difficult to find info on a B2 and I-601 waiver. I had a waiver denied about 15 years ago and have been living in Europe since. We just want to visit family. We do not want to immigrate. We meet all the conditions for the 212H waiver. And, from what I understand it is the I-601 you use for this specific waiver. I also believe that if the I-601 waiver is granted, all future B-2 Visa applications will be based on this approval. So, getting future visas could be less stressful.

What country are you in?

I am using a lawyer and so far I am very pleased with the legal arguments made. However, I am not the one granting the waiver!

[john_and_marlene 162]

The standard applied to waivers for nonimmigrant visas is far less than the standard applied to waivers for immigrant visas (K visas and dual intent visas included).