inadmissibility crimes

[shannon65 2]

would either of these be considered a crime that makes a person inadmissible to the US - I have read about those but I'm not sure 1) drunk driving conviction 8 years ago 2) fight with another guy in a bar, for which both received fines but not jail time. My fiance has been asked to submit further information about his police report - I know these items are on there but I don't know in what detail - he needs to submit the detailed information - CO told me I may have to submit a waiver of inadmissibility, but I have the feeling she does not know exactly what the crimes are.... if they are inadmissible crimes or not...

[kitkat1 5]

It sounds like they are trying to determine if a waiver is needed.

http://travel.state.gov/visa/frvi/ineligib...ities_1364.html

Classes of Aliens Ineligible to Receive Visas

(2) Criminal and related grounds.-

(A) Conviction of certain crimes.-

(i) In general.-Except as provided in clause (ii), any alien convicted of, or who admits having committed, or who admits committing acts which constitute the essential elements of-

(I) a crime involving moral turpitude (other than a purely political offense or an attempt or conspiracy to commit such a crime), or

(II) a violation of (or a conspiracy or attempt to violate) any law or regulation of a State, the United States, or a foreign country relating to a controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)), is inadmissible.

(ii) Exception.-Clause (i)(I) shall not apply to an alien who committed only one crime if-

(I) the crime was committed when the alien was under 18 years of age, and the crime was committed (and the alien released from any confinement to a prison or correctional institution imposed for the crime) more than 5 years before the date of application for a visa or other documentation and the date of application for admission to the United States, or

(II) the maximum penalty possible for the crime of which the alien was convicted (or which the alien admits having committed or of which the acts that the alien admits having committed constituted the essential elements) did not exceed imprisonment for one year and, if the alien was convicted of such crime, the alien was not sentenced to a term of imprisonment in excess of 6 months (regardless of the extent to which the sentence was ultimately executed).

B Multiple criminal convictions.-Any alien convicted of 2 or more offenses (other than purely political offenses), regardless of whether the conviction was in a single trial or whether the offenses arose from a single scheme of misconduct and regardless of whether the offenses involved moral turpitude, for which the aggregate sentences to confinement 2/ were 5 years or more is inadmissible.

[nathmc31 0]

would either of these be considered a crime that makes a person inadmissible to the US - I have read about those but I'm not sure 1) drunk driving conviction 8 years ago 2) fight with another guy in a bar, for which both received fines but not jail time. My fiance has been asked to submit further information about his police report - I know these items are on there but I don't know in what detail - he needs to submit the detailed information - CO told me I may have to submit a waiver of inadmissibility, but I have the feeling she does not know exactly what the crimes are.... if they are inadmissible crimes or not...

He wont need a waiver for the drink driving but will for the fight. I just went through the whole process and I too had the same problem for fighting on my record where I just recived a fine no jail time. The dont care how minor it is or how long ago, he will need to submit a I601. It will be considered a CIMT.

[shannon65 2]

would either of these be considered a crime that makes a person inadmissible to the US - I have read about those but I'm not sure 1) drunk driving conviction 8 years ago 2) fight with another guy in a bar, for which both received fines but not jail time. My fiance has been asked to submit further information about his police report - I know these items are on there but I don't know in what detail - he needs to submit the detailed information - CO told me I may have to submit a waiver of inadmissibility, but I have the feeling she does not know exactly what the crimes are.... if they are inadmissible crimes or not...

He wont need a waiver for the drink driving but will for the fight. I just went through the whole process and I too had the same problem for fighting on my record where I just recived a fine no jail time. The dont care how minor it is or how long ago, he will need to submit a I601. It will be considered a CIMT.

Yout submitted the I601 yourself? The CO said I might have to submit it if she determines it's needed.... she looked at me and said "if you decide you still want to sponsor him" and she said "he's going to explain it to you, I won't violate his privacy." I think she thought I did not know about the fight but I knew a long time ago. And she had doubts about the validity of the relationship so she may be looking for any reason to deny the visa. Did they deny the visa until the waiver went through or approved the visa but you also need to submit the I601?

[kitkat1 5]

If they deny the visa based on the inadmissibility, the visa is denied until the waiver is approved. The applicant submits the actual 601 waiver, the USC submits the letter and evidence proving "extreme hardship" to the USC if the visa is ultimately denied and the USC is forced to relocate to the fiance/spouse's country permanently. I would start by getting educated on the 601 process, 601 waiver approval rates and wait time/requirements in Korea since every country treats them differently. If you do need to submit a waiver and letter, it would be wise to consult with a qualified immigration attorney who is experienced in the 601 waiver process in Korea. You should probably also be prepared for a long wait for waiver approval unfortunately.

[shannon65 2]

If they deny the visa based on the inadmissibility, the visa is denied until the waiver is approved. The applicant submits the actual 601 waiver, the USC submits the letter and evidence proving "extreme hardship" to the USC if the visa is ultimately denied and the USC is forced to relocate to the fiance/spouse's country permanently. I would start by getting educated on the 601 process, 601 waiver approval rates and wait time/requirements in Korea since every country treats them differently. If you do need to submit a waiver and letter, it would be wise to consult with a qualified immigration attorney who is experienced in the 601 waiver process in Korea. You should probably also be prepared for a long wait for waiver approval unfortunately.

Thanks... I should know soon whether I need one or not....he's bringing the additional police documents to the embassy Monday.

[nathmc31 0]

If they deny the visa based on the inadmissibility, the visa is denied until the waiver is approved. The applicant submits the actual 601 waiver, the USC submits the letter and evidence proving "extreme hardship" to the USC if the visa is ultimately denied and the USC is forced to relocate to the fiance/spouse's country permanently. I would start by getting educated on the 601 process, 601 waiver approval rates and wait time/requirements in Korea since every country treats them differently. If you do need to submit a waiver and letter, it would be wise to consult with a qualified immigration attorney who is experienced in the 601 waiver process in Korea. You should probably also be prepared for a long wait for waiver approval unfortunately.

My I601 waiver went through Bangkok and was approved in 5 weeks. I know that is fast but possible. I didnt use a lawyer because I think that having a lawyer with 100 other clients will prolong the wait for her partners waiver. Hardship letters are not hard to write. My letter was 4 pages long and I provided 2 character references. I think mine was approved so fast because it didnt have excesive paperwork it was to the point.

As I said before Shannon I can show you mine anytime and you can use the same format that I did.

If your relationship is really genuine than you will have the hardships required.

[shannon65 2]

If they deny the visa based on the inadmissibility, the visa is denied until the waiver is approved. The applicant submits the actual 601 waiver, the USC submits the letter and evidence proving "extreme hardship" to the USC if the visa is ultimately denied and the USC is forced to relocate to the fiance/spouse's country permanently. I would start by getting educated on the 601 process, 601 waiver approval rates and wait time/requirements in Korea since every country treats them differently. If you do need to submit a waiver and letter, it would be wise to consult with a qualified immigration attorney who is experienced in the 601 waiver process in Korea. You should probably also be prepared for a long wait for waiver approval unfortunately.

My I601 waiver went through Bangkok and was approved in 5 weeks. I know that is fast but possible. I didnt use a lawyer because I think that having a lawyer with 100 other clients will prolong the wait for her partners waiver. Hardship letters are not hard to write. My letter was 4 pages long and I provided 2 character references. I think mine was approved so fast because it didnt have excesive paperwork it was to the point.

As I said before Shannon I can show you mine anytime and you can use the same format that I did.

thank you...I'm waiting to see what's needed and I may be asking you to see it...I'm a nervous wreck...he should be bringing in his papers today or tomorrow I also wonder what the interview meant when she said "don't worry - I'm just doing my job!"

If your relationship is really genuine than you will have the hardships required.

[kitkat1 5]

My I601 waiver went through Bangkok and was approved in 5 weeks. I know that is fast but possible. I didnt use a lawyer because I think that having a lawyer with 100 other clients will prolong the wait for her partners waiver. Hardship letters are not hard to write. My letter was 4 pages long and I provided 2 character references. I think mine was approved so fast because it didnt have excesive paperwork it was to the point.

This is great news BUT each consulate treats waivers differently and makes their own definition of "extreme hardship" since the law doesn't provide one. There are only guidelines. Each consulate also has different processing times. For example, London has very high approval rates and relatively fast processing (although longer recently i.e. 6 months) Manila has almost 0 approvals. Mexico has a reasonable approval rate although it's rapidly declining and takes 10 months minimum these days. You CAN write the letter yourself but documentation and evidence can make or break the waiver, depending on the consulate. So if you do find out you need one, a consultation with a lawyer experienced in Korea is a must, a well as a visit to the 601 forum on immigrate2us.net. Good luck.

[nathmc31 0]

My I601 waiver went through Bangkok and was approved in 5 weeks. I know that is fast but possible. I didnt use a lawyer because I think that having a lawyer with 100 other clients will prolong the wait for her partners waiver. Hardship letters are not hard to write. My letter was 4 pages long and I provided 2 character references. I think mine was approved so fast because it didnt have excesive paperwork it was to the point.

This is great news BUT each consulate treats waivers differently and makes their own definition of "extreme hardship" since the law doesn't provide one. There are only guidelines. Each consulate also has different processing times. For example, London has very high approval rates and relatively fast processing (although longer recently i.e. 6 months) Manila has almost 0 approvals. Mexico has a reasonable approval rate although it's rapidly declining and takes 10 months minimum these days. You CAN write the letter yourself but documentation and evidence can make or break the waiver, depending on the consulate. So if you do find out you need one, a consultation with a lawyer experienced in Korea is a must, a well as a visit to the 601 forum on immigrate2us.net. Good luck.

Bangkok is the district consulate authority which looks after both my country Australia, and Korea including many more in the region. In this case it doesnt matter whats happening in Mexico or Manila because this case will be looked at by bangkok. I was told Bangkok had a 0 approval rating also and mine came in no time.

[kitkat1 5]

Bangkok is the district consulate authority which looks after both my country Australia, and Korea including many more in the region. In this case it doesnt matter whats happening in Mexico or Manila because this case will be looked at by bangkok. I was told Bangkok had a 0 approval rating also and mine came in no time.

If waivers for Korea are submitted to Bangkok then obviously only approval rates in Bangkok matter. If their approval rates are said to be "0", the OP would be well advised to seek the assistance of an attorney experienced in waivers there.

[nathmc31 0]

Bangkok is the district consulate authority which looks after both my country Australia, and Korea including many more in the region. In this case it doesnt matter whats happening in Mexico or Manila because this case will be looked at by bangkok. I was told Bangkok had a 0 approval rating also and mine came in no time.

If waivers for Korea are submitted to Bangkok then obviously only approval rates in Bangkok matter. If their approval rates are said to be "0", the OP would be well advised to seek the assistance of an attorney experienced in waivers there.

As I said before, everywhere I read is that it is impossible to get a waiver through bangkok, What a crock of ###### that was. Before people like Shannon gets an attorney and waists here money employing someone to right the hardship letter for her which she can write herself, she should first of all, not listen to people who give worry to her like your self, telling her that it is pretty much impossible to get one approved. Thats #######. Thats the same ####### I was told and I worried sick to only have it appoved in record time.

An attorney has not got any inside info on the way USCIS works so they would be denied just as quick writing her letter than she would. her hardship are not going to change. I have seen on Immigrate2us.net ####### hardship letters approved because its the hardships that count not how it is written.

[shannon65 2]

Thanks guys - couple of different opinions here....I will wait to see if a waiver is needed and decide what to do! He got the paperwork yesterday from his hometown.

[kitkat1 5]

As I said before, everywhere I read is that it is impossible to get a waiver through bangkok, What a crock of ###### that was. Before people like Shannon gets an attorney and waists here money employing someone to right the hardship letter for her which she can write herself, she should first of all, not listen to people who give worry to her like your self, telling her that it is pretty much impossible to get one approved. Thats #######. Thats the same ####### I was told and I worried sick to only have it appoved in record time.

An attorney has not got any inside info on the way USCIS works so they would be denied just as quick writing her letter than she would. her hardship are not going to change. I have seen on Immigrate2us.net ####### hardship letters approved because its the hardships that count not how it is written.

Wow. Apparently you think you are the authority - but of course an attorney DOES have inside information on how waivers are approved. If they have been through the 601 process there with many clients, they know how they view hardships and how they should best be presented. Since the law does not define extreme hardship, being advised by an attorney who has a lot of experience there is just plain smart - a whole lot smarter than listening to the experience of one person on a message board. No one said she should worry or pay someone else to write the letter - only that a consultation for advice and direction is all it takes to be well educated and informed.

[nathmc31 0]

As I said before, everywhere I read is that it is impossible to get a waiver through bangkok, What a crock of ###### that was. Before people like Shannon gets an attorney and waists here money employing someone to right the hardship letter for her which she can write herself, she should first of all, not listen to people who give worry to her like your self, telling her that it is pretty much impossible to get one approved. Thats #######. Thats the same ####### I was told and I worried sick to only have it appoved in record time.

An attorney has not got any inside info on the way USCIS works so they would be denied just as quick writing her letter than she would. her hardship are not going to change. I have seen on Immigrate2us.net ####### hardship letters approved because its the hardships that count not how it is written.

Wow. Apparently you think you are the authority - but of course an attorney DOES have inside information on how waivers are approved. If they have been through the 601 process there with many clients, they know how they view hardships and how they should best be presented. Since the law does not define extreme hardship, being advised by an attorney who has a lot of experience there is just plain smart - a whole lot smarter than listening to the experience of one person on a message board. No one said she should worry or pay someone else to write the letter - only that a consultation for advice and direction is all it takes to be well educated and informed.

Are you serious?

Attorneys have no INSIDE INFO on anything, they may have experience but if you take a look around this site you will notice that of the people approved there waivers, the mojority did them themselves. I dont think that I am any kind of authority, I am just a normal person who is giving people a perspective, not trying to be an expert like you are. I have gone through the process im sure as many times as anyone else (1 time), and didnt use a lawyer.

I just dont like people like your self going around telling people COPYBOOK ANSWERS like you did in this case. How the hell would you know the approval ratings all over the world. Telling people that Minila has a 0 approval rating is ####### and worries people, how do you know the approval rating. Do you work there in Minila processing waivers? Im sure they approve alot, you just wont find them all wrighting about it on a forum. So check your self and dont just tell people that they always need lawyers and that waivers are impossible to get at certain embassies because that is something you DO NOT know.