Consular officer recommends waiver of ineligibility

[fterry 0]

Hi

Can any members here tell me if the DHS normally follow the recommendation of consular officers who recommend a waiver of ineligibility be issued?

Had interview today (July 1st 2010) in London

Brief info below,

Applying for E2 treaty investor visa (invested just over a million dollars into Florida property development)

Had various offences in the past, all over 15 years ago

Interviewer found me ineligible for two reasons

1) One of the offences was judged to be a CMIT

2) as one was CMIT, I have entered the USA on VWP over 30 times and should have checked the CMIT box. I said I thought CMIT was for very serious crimes and she said that is a common mistake as moral turpitude is not clearly defined.

End result was she said she had to deny the visa and submit waiver request to DHS.

She said that she was recommending they grant the waiver although DHS do frown on people who enter incorrectly on multiple occasions

She gave me a form which confirmed these facts (form number VCU R3) and said that answers were currently taking 3-4 weeks to come back.

I'd like to know if DHS normally follow these recommendations (as supposedly the interviewers are well paced to make them, having interviewed the applicant personally) or if this is still a shot in the dark.

Also it says that a limited visa may be issued, just curious as to how they could limit the e2 visa apart from only making it valid less than the initial 2 years

Of course I know every case is different, I'd just like to get anyone’s opinion who has been through similar waiver applications

thanks in advance

Terry

[Whatznext 2]

ask a lawyer

[Justine+David 218]

immigrate2us.net has a lot of info on waivers, but like Whatznext said, you definitely need to consult a very good lawyer. Which country are you from?

[fterry 0]

immigrate2us.net has a lot of info on waivers, but like Whatznext said, you definitely need to consult a very good lawyer. Which country are you from?

I'm in the UK

I have used a lawyer from the outset. My Lawyers are based in New York and they prepared my extensive E2 application.

I meet the requirement for E2 investor, but had the visa denied due to the reasons above. My Lawyer says I have a good chance of getting the waiver. My reason for posting on here was just to gauge the probability of DHS following the consular recommendations when approving or denying the waiver (in a general sense not specific to my case as I recognise each case is different)

thanks

[Used to be broken 147]

Hi

Can any members here tell me if the DHS normally follow the recommendation of consular officers who recommend a waiver of ineligibility be issued?

Had interview today (July 1st 2010) in London

Brief info below,

Applying for E2 treaty investor visa (invested just over a million dollars into Florida property development)

Had various offences in the past, all over 15 years ago

Interviewer found me ineligible for two reasons

1) One of the offences was judged to be a CMIT

2) as one was CMIT, I have entered the USA on VWP over 30 times and should have checked the CMIT box. I said I thought CMIT was for very serious crimes and she said that is a common mistake as moral turpitude is not clearly defined.

End result was she said she had to deny the visa and submit waiver request to DHS.

She said that she was recommending they grant the waiver although DHS do frown on people who enter incorrectly on multiple occasions

She gave me a form which confirmed these facts (form number VCU R3) and said that answers were currently taking 3-4 weeks to come back.

I'd like to know if DHS normally follow these recommendations (as supposedly the interviewers are well paced to make them, having interviewed the applicant personally) or if this is still a shot in the dark.

Also it says that a limited visa may be issued, just curious as to how they could limit the e2 visa apart from only making it valid less than the initial 2 years

Of course I know every case is different, I'd just like to get anyone’s opinion who has been through similar waiver applications

thanks in advance

Terry

Having read a lot of Waiver Adjudication "stuff" usually the Consular recommendation is followed by DHS in these type of cases. Conversely if you were married to a US Citizen and your wife was struggling with cancer and caring for a special needs child, they would make your life miserable and say no to the waiver after making you wait 2 years to adjudicate it. I am working with a family in this position now, same mistake on the CMIT issue when he was a teenager.

After your waiver is approved please stop by www.americanfamiliesunited.org and make a donation to help in the effort to lobby for change for these types of families

[fterry 0]

Thats a shocking story. They sound much more deserving of a waiver then myself.

I will make a donation to the site you suggest

good luck in your efforts

Terry

[emt103c 10]

fterry--It is very nice of you to consider making a donation to the organization she mentioned. . .she is right about your case. They really do *usually* follow the CO's recommendation, so good luck! And she is also right about how they treat families in the same situation. Crazy, right?

[fterry 0]

fterry--It is very nice of you to consider making a donation to the organization she mentioned. . .she is right about your case. They really do *usually* follow the CO's recommendation, so good luck! And she is also right about how they treat families in the same situation. Crazy, right?

That makes no sense whatsoever.

Hopefully the so called immigration reforms that Obama mentions will help fix this.

[john & jean 37]

That makes no sense whatsoever.

Hopefully the so called immigration reforms that Obama mentions will help fix this.

unfortunately Obama will only address ILLEGAL IMMIGRANTS