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Filed: IR-1/CR-1 Visa Country: Russia
Timeline
Posted

Here is the exception clause, which doesn't work since you have two crimes not one.

9 FAM 40.21(a) N7.1 Provisions of INA 212(a)(2)(A)(ii)

(CT:VISA-1318; 09-24-2009)

As amended, a conviction or admission of the commission of a crime of moral turpitude will not serve as the basis of ineligibility under INA 212(a)(2)(A)(i), if the following conditions have been met:

(1) The applicant has been convicted of or has admitted to the commission of only one crime;

(2) The maximum penalty possible for the crime of which the alien was convicted or for which the alien legally admitted to did not exceed imprisonment for one year and, if the alien was convicted and the alien was not sentenced to a term of imprisonment in excess of six months; or

(3) The crime was committed when the alien was under 18 years of age and the crime was committed (and the alien was released from confinement if applicable) more than 5 years before the date of the visa application. (See 9 FAM 40.21(a) N8, below.)

Filed: IR-1/CR-1 Visa Country: Scotland
Timeline
Posted

http://photos.state.gov/libraries/unitedkingdom/164203/cons-visa/AmEmbassy_London_visa_webchat11.pdf

You should use Heller he is in UK and has Embassy specific experience and is no where near as expensive as Scott.

We are using Steven Heller and he has been wonderful! Unfortunately, the USCIS is operating at a 9 month turnaround for completing cases. It's all very distressing when you want to be together.

Good luck!

IR-1 Visa

Service Center : California Service Center

Consulate : London, United Kingdom

Met: 2004-07-12

Marriage : 2006-06-22

I-130 Sent : 2009-04-12

I-130 NOA1 : 2009-04-15

I-130 Approval : 2009-08-18

NVC Received : 2009-09-02

Paid AOS fee: 2009-09-07

Mailed AOS packet: 2009-10-08

Receive IV Bill : 2009-10-29

Pay IV Bill : 2009-10-29

Packet received: 2010-04-07

Packet lost in the mail: 2010-06-01

Packet resent: 2010-06-16

Packet delivered to NVC: 2010-06-22

Packet entered into NVC system: 2010-06-28

RFE: 2010-08-10

Documents received: 2010-08-18

Notice of Interview Date: 2010-09-13

Medical: 2010-10-19

Interview Date: 2010-10-26 - DENIED

I-601 Waiver Application Mailed: 2011-02-17

Receipt of Waiver Application Notice: 2011-02-23

I-601 Waiver APPROVAL Notice: 2011-10-10

Passport returned with visa attached: 2012-01-24

Move to USA: 2012-02-29!

Filed: IR-1/CR-1 Visa Country: England
Timeline
Posted

We are using Steven Heller and he has been wonderful! Unfortunately, the USCIS is operating at a 9 month turnaround for completing cases. It's all very distressing when you want to be together.

Good luck!

Is he expensive? I'm hoping we'll not need a waiver but its looking that way :(

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Christian (25) USC

Jessika (23) UKC

<3

http://www.facebook.com/jessitoburrito

Filed: K-1 Visa Country: United Kingdom
Timeline
Posted

We are using Steven too and he charges set fees instead of working on an hourly basis. I think he's much cheaper than others I talked with. We don't know if we will need to go the waiver route yet, but I feel he will give us the best chance of success if we do. Also, he is very accessible and gave us loads of info before we paid him any money. Good Luck!

Posted

what application are you filling out first? it could take a wile, and yeah it sucks. have you thought about staying in the usa and waiting? say for 6 months which you are allowed to?

p.s I added you to facebook, but it didnt give me an option to write a message that it me! haha, i thought that would be the best way to help you out. "Jen Baker"

UKCs are only allowed to remain 90 days under the VWP.

Filed: IR-1/CR-1 Visa Country: England
Timeline
Posted

Has anyone not needed a waiver with a 2 cimt? I just dont know what to expect at the interview. I'm getting people telling me i'll need a waiver and other people telling me i wont. grr

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Christian (25) USC

Jessika (23) UKC

<3

http://www.facebook.com/jessitoburrito

Filed: K-1 Visa Country: Wales
Timeline
Posted

Has anyone not needed a waiver with a 2 cimt? I just dont know what to expect at the interview. I'm getting people telling me i'll need a waiver and other people telling me i wont. grr

They would need to make a major mistake, never seen it happen.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Filed: IR-1/CR-1 Visa Country: Scotland
Timeline
Posted

Like advocator said, Steven Heller is more reasonable than most and is very accessible. We actually went to his office when I was over visiting in February. He's genuine and thorough....I can't say enough good things about him. And this was after having a very poor experience with a local attorney. You can speak with him or email and describe your situation - and he will be able to tell you if he thinks a waiver is necessary.

IR-1 Visa

Service Center : California Service Center

Consulate : London, United Kingdom

Met: 2004-07-12

Marriage : 2006-06-22

I-130 Sent : 2009-04-12

I-130 NOA1 : 2009-04-15

I-130 Approval : 2009-08-18

NVC Received : 2009-09-02

Paid AOS fee: 2009-09-07

Mailed AOS packet: 2009-10-08

Receive IV Bill : 2009-10-29

Pay IV Bill : 2009-10-29

Packet received: 2010-04-07

Packet lost in the mail: 2010-06-01

Packet resent: 2010-06-16

Packet delivered to NVC: 2010-06-22

Packet entered into NVC system: 2010-06-28

RFE: 2010-08-10

Documents received: 2010-08-18

Notice of Interview Date: 2010-09-13

Medical: 2010-10-19

Interview Date: 2010-10-26 - DENIED

I-601 Waiver Application Mailed: 2011-02-17

Receipt of Waiver Application Notice: 2011-02-23

I-601 Waiver APPROVAL Notice: 2011-10-10

Passport returned with visa attached: 2012-01-24

Move to USA: 2012-02-29!

Filed: IR-1/CR-1 Visa Country: England
Timeline
Posted

Like advocator said, Steven Heller is more reasonable than most and is very accessible. We actually went to his office when I was over visiting in February. He's genuine and thorough....I can't say enough good things about him. And this was after having a very poor experience with a local attorney. You can speak with him or email and describe your situation - and he will be able to tell you if he thinks a waiver is necessary.

I did email him but he said it was £200 to have an appointment and he's in brighton and thats 4 hour away from me and i just cant afford that at the moment. Can he just do skype sessions? Has anyone wrote their own waiver and ha success?

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Christian (25) USC

Jessika (23) UKC

<3

http://www.facebook.com/jessitoburrito

Filed: K-1 Visa Country: Wales
Timeline
Posted

You could just phone him.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Posted

the advice sergi has given is excellent. i did my own waiver, although i didnt have a cimt, i had an overstay, but the i601 is the same in many ways. i2us is an excellent forum, without it, i wouldnt be in the usa right now.

i did speak to steven heller prior to choosing to do the waiver package myself. he used to work at the embassy, and told me that he had seen approvals given when technically they shouldnt have been. so that can not be ruled out, however, it is rare and also it is actually illegal for the c.o. to approve the visa when it should be denied, not to mention that there is a chance that it can be highlighted in the future which can cause problems.

thoroughly browse thru i2us and dont be afraid to ask questions on there, they are extremely helpful.

USCIS California Service Center - Expedited

09-SEP-2010 : Mailed I130 Petition to Chicago Lockbox.

16-SEP-2010 : Received NOA1.

24-SEP-2010 : Expedite: service request

05-OCT-2010 : Supporting documents sent to CSC.

16-OCT-2010 : RFE received.

19-OCT-2010 : RFE response received at CSC.

22-OCT-2010 : I130 Petition APPROVED.

30-OCT-2010 : NOA2 Received in Mail

NVC - Expedited

27-OCT-2010 : Case Number Assigned

02-NOV-2010 : Expedite request emailed to NVC

10-NOV-2010 : Expedite approved - Case forwarded to Consulate

12-NOV-2010 : Medical

US Embassy - Expedited

18-NOV-2010 : Packet 3 email received.

19-NOV-2010 : Emailed DS230, DS2001

30-NOV-2010 : Interview - 9am Denied: 3 year bar (overstay) - i601 Waiver filed with expedite request

01-DEC-2010 : MP requests assistance from US Ambassador

03-DEC-2010 : Waiver transferred from USCIS to DHS

11-DEC-2010 : Waiver Receipt notification dated 07-DEC-2010

20-DEC-2010 : VISA/Waiver Approved

22-DEC-2010 : Approval letter received

24-DEC-2010 : Passport collected by courier

10-JAN-2011 : CR1 Visa Issued by IVU London

11-JAN-2011 : Passport / Visa delivered.

18-JAN-2011 : POE: EWR (Newark, New Jersey)

17-FEB-2011 : Welcome Letter Arrived

19-FEB-2011 : Green Card I-551 Arrived

I-130 Mailing to Approval (incl. waiver): 102 Days

OCT 2012 : Applied for Removal of Conditions

DEC 2012 : Received NOA1 (GC extention letter)

18-JAN-2013 : Biometrics walk in approved and completed

Posted

off the top of my head, and my experience, its most likely the misrep charge that you will be given at the interview, that is the hardest to overcome. london doesnt look upon that too kindly, but it is possible to overturn. laurel scott still does her free online chats on a wednesday, and you can also post her a question thru i2us.

my interview experience was not nice at all. i had an overstay of less than 1 year and the c.o. was not the easiest person to speak to regarding this. wasnt interested in the reasons in the slightest. however, i had my waiver package and i601 ready and handed it in directly after the denial at the interview.

good luck.

USCIS California Service Center - Expedited

09-SEP-2010 : Mailed I130 Petition to Chicago Lockbox.

16-SEP-2010 : Received NOA1.

24-SEP-2010 : Expedite: service request

05-OCT-2010 : Supporting documents sent to CSC.

16-OCT-2010 : RFE received.

19-OCT-2010 : RFE response received at CSC.

22-OCT-2010 : I130 Petition APPROVED.

30-OCT-2010 : NOA2 Received in Mail

NVC - Expedited

27-OCT-2010 : Case Number Assigned

02-NOV-2010 : Expedite request emailed to NVC

10-NOV-2010 : Expedite approved - Case forwarded to Consulate

12-NOV-2010 : Medical

US Embassy - Expedited

18-NOV-2010 : Packet 3 email received.

19-NOV-2010 : Emailed DS230, DS2001

30-NOV-2010 : Interview - 9am Denied: 3 year bar (overstay) - i601 Waiver filed with expedite request

01-DEC-2010 : MP requests assistance from US Ambassador

03-DEC-2010 : Waiver transferred from USCIS to DHS

11-DEC-2010 : Waiver Receipt notification dated 07-DEC-2010

20-DEC-2010 : VISA/Waiver Approved

22-DEC-2010 : Approval letter received

24-DEC-2010 : Passport collected by courier

10-JAN-2011 : CR1 Visa Issued by IVU London

11-JAN-2011 : Passport / Visa delivered.

18-JAN-2011 : POE: EWR (Newark, New Jersey)

17-FEB-2011 : Welcome Letter Arrived

19-FEB-2011 : Green Card I-551 Arrived

I-130 Mailing to Approval (incl. waiver): 102 Days

OCT 2012 : Applied for Removal of Conditions

DEC 2012 : Received NOA1 (GC extention letter)

18-JAN-2013 : Biometrics walk in approved and completed

 
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