Denied b2 visa due to criminal records

[Boiler 45,942]

Yes

[Noah Lot 391]

Thank you. I appreciate your help, as I do anyone else who has posted useful comments and information. After your first post, suggesting I research my husbands sentencing more carefully, I did just that, and, it would appear that the maximum sentence would be seven years imprisonment. Do you know what that would mean for us? Is it seemingly hopeless, given the length of time his crimes sentence could carry?? I have been advised about the possibility of applying for a waiver or permanent ineligibility, an I601 form, I understand, again, e is absolutely no guarantees, and that it is expensive, I believe $585 at the current time. Am I right in saying that I couldnt apply for this if the denial under section 214b is applicable? Would we first need to be accepted for a visa and then apply, at cost, for the ineligibility waiver, or could we jump right in with I601 form now in theory? also if we decided not to go down the route of the I601 and, instead, reapplied for a visa, would we need the ineligibilty waiver at all? I'm sorry to come back to you again, but as you have been working in an immigration lawyers office I am hopefully you may have some knowledge of this. Thanks

An I-601 is only for immigrant visas (and K-1s); it is not for tourist visas. For a waiver of something when applying for a tourist visa, you (a) must qualify in all other respects for said visa and (b) if you do, then the VO has to inform you that you can now seek a waiver (212 d 3 a)...I'm not sure if there is a cost for this waiver...I don't think so.

And hardship is NOT an issue for these types of waivers. What matters is:

(a) the recency and seriousness of the violations (b) the applicant's explanation and 'owning up' to whatever ineligibilities exist © the purpose of said visit and (d) the harm that might accrue to US citizens/US of A if said alien was admitted.

The VO can recommend (or not) that the waiver be approved...but USCIS has the final say. An immigration attorney would likely make worse rather than better, with their usual fluffery. The VO's vote ('yay' or 'nay') can be persuasive to USCIS, because no one at USCIS will have interviewed the applicant, so they tend to rely on the information the VO presents.

You cannot ask for a waiver until you next apply for a tourist visa and then find out that your husband committed a CIMT, then qualify under 214b, etc. Lots of 'ifs'.

I suppose it might be possible to write the embassy, inquiring about the first denial and asking if they can determine if your husband has a more serious problem. They may or may not respond. At your subsequent interview, whenever that is, your husband should bring ALL court documents relating to this occurrence so that the VO can make a final determination. YOu may be asked to give them some time to research the situation and get a more definitive answer from the State Dept's legal office.

You should do this so that if by some chance, a VO grants husband a visa based on incomplete information, upon arrival in the US, it is also possible that other information will be available to the border officials, who might very well take a dim view of the exposed situation, cancel his visa, send him home and possible inflict other penalties as well....better to bite the bullet, as we say, and have his entire history put under a microscope at the beginning.

[salem2992 0]

did u get the visa eventually or no?? just curious as im in the same situation

[Ontarkie 14,413]

Five year old thread locked to further comments. Please do not dig up old threads many times any information from these old threads will be outdated. Also this person hasn't log back onto VJ in 3 years.