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BellaRose

Opinions Please....

By BellaRose in Waivers (I-601 and I-212) and Administrative Processes (221g)

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BellaRose Enthusiast

BellaRose   7

Posted
Filed: IR-1/CR-1 Visa Country: Samoa
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Posted

Ok...so at interview we were denied based on his overstay, waiverable 10 year ban....and his crime of a class b misdemeanor (attempted assault in 3rd degree) was not ruled as a CIMT by the consular officer. I sent in our I-601 waiver and I should be receiving an RFE. I heard horror stories of adjucators slapping on extra inadmisabilities at this stage of game in RFEs.

I would like opinions on whether or not this type of crime can be ruled as a CIMT or passed experiences of extensive RFEs. I just want to hope for the best but prepare for the worst...

Any advice, as always, is very much appreciated. Thank you.

If I could be anything, I would be a tear.

Born in your eye, Live on your cheek, and Die at your lips.

<3 --<--@

Marriage: 2008-10-15

Husband left w/o deportation:2008-10-22

I-130/I129f Sent: 2008-11-20

Interview Date: 2009-08-11

K3 DENIED Back to USCIS

Action to deny RFE: 2010-07-01

REAFFIRMED!!! :) : 2010-10-02

NVC Received 2nd time: 2010-10-14

Everything paid by: 2010-10-19

Sent DS230: 2010-11-23

NVC RFE received: 2010-12-17

Case Complete NVC:2011-01-03

Second Interview IR-1:2011-02-10

PUT IN AP!!!!!!

THIRD INTERVIEW: 2012-07-17

We were denied based on overstay, not misdemeanor conviction.

WE CAN FINALLY SUBMIT I-601 WAIVER!!

Submit I-601: 2012-09-29

Waiver Aproved:?

Visa Received:?

US Entry:?

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Boiler Grand Master

Boiler   45,516

Posted
Filed: K-1 Visa Country: Wales
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Posted

They do not always list all the inadmisabilities.

I would expct your lawyer to address it anyway as it is a complicating factor.

“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.”

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BellaRose Enthusiast

BellaRose   7

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

I don't have a lawyer. How would you go about addressing it. Some sort of formal apology? Or just stating that we are aware that complicates our case? I wish they would give you instructions on what to submit because I was under the impression that we only had to address our given inadmissability.

If I could be anything, I would be a tear.

Born in your eye, Live on your cheek, and Die at your lips.

<3 --<--@

Marriage: 2008-10-15

Husband left w/o deportation:2008-10-22

I-130/I129f Sent: 2008-11-20

Interview Date: 2009-08-11

K3 DENIED Back to USCIS

Action to deny RFE: 2010-07-01

REAFFIRMED!!! :) : 2010-10-02

NVC Received 2nd time: 2010-10-14

Everything paid by: 2010-10-19

Sent DS230: 2010-11-23

NVC RFE received: 2010-12-17

Case Complete NVC:2011-01-03

Second Interview IR-1:2011-02-10

PUT IN AP!!!!!!

THIRD INTERVIEW: 2012-07-17

We were denied based on overstay, not misdemeanor conviction.

WE CAN FINALLY SUBMIT I-601 WAIVER!!

Submit I-601: 2012-09-29

Waiver Aproved:?

Visa Received:?

US Entry:?

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Boiler Grand Master

Boiler   45,516

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

Like much in the US the laws are written by Lawyers for the benefit of Lawyers.

I would strongly suggest you consult with a lawyer and perhaps consider hiring one. There may be other factors not mentioned.

“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.”

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