visa denial

[smallcan999 0]

OK, my fiance has a criminal record from 16 years ago and it was for a fight in a bar where he got charged with assault and then he has drunk driving charge....So we are not sure if he will get his visa. If he is denied, where do we get the waiver form and what do we do next?

thanks,

smallcan999

[kitkat1 5]

OK, my fiance has a criminal record from 16 years ago and it was for a fight in a bar where he got charged with assault and then he has drunk driving charge....So we are not sure if he will get his visa. If he is denied, where do we get the waiver form and what do we do next?

If he does need the waiver (consult a lawyer but you can start by reading here: http://travel.state.gov/visa/frvi/ineligib...ties_1364.html) the form is not the important part. It's the hardship letter from the USC that proves "extreme hardship" if the visa is denied and the USC is required to relocate permanently to the fiance's country. Check out the 601 forum on immigrate2us.net for guidelines and examples on the hardship letter and documentation required.

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]

OK, my fiance has a criminal record from 16 years ago and it was for a fight in a bar where he got charged with assault and then he has drunk driving charge....So we are not sure if he will get his visa. If he is denied, where do we get the waiver form and what do we do next?

thanks,

smallcan999

Well I had the same problem. I was denied because I had 2 assault convictions from 6 years ago. I filed an I-601 that I compiled because they are easy to fill out. My fiance, (now wife) and I wrote a hardship letter 4 pages long and I attached 2 character references. Mine was approved no worries.

If your not confident then get a lawyer, if you can write good letters, save your money.

See KitKat1 I can recomend lawyers. Ha Ha Ha.

Edited December 9, 2006 by nathmc31

[kitkat1 5]

Well I had the same problem. I was denied because I had 2 assault convictions from 6 years ago. I filed an I-601 that I compiled because they are easy to fill out. My fiance, (now wife) and I wrote a hardship letter 4 pages long and I attached 2 character references. Mine was approved no worries.

If your not confident then get a lawyer, if you can write good letters, save your money.

See KitKat1 I can recomend lawyers. Ha Ha Ha.

Well, it's always smart to consult a lawyer if you don't know what you are up against. In terms of writing the hardship letter on your own, I agree 100% if the person feels confident doing it. But I will add that for most consulates, 2 characters references is not enough proof. Most require evidence and documentation to support the claim of extreme hardship. That means for each and every claim i.e. medical, financial, emotional, etc., copies of information, letters, etc. are required. I assume in the case of convictions, evidence of "rehabilitation" and character references would also be very helpful.

[smallcan999 0]

OK, my fiance has a criminal record from 16 years ago and it was for a fight in a bar where he got charged with assault and then he has drunk driving charge....So we are not sure if he will get his visa. If he is denied, where do we get the waiver form and what do we do next?

thanks,

smallcan999

Well I had the same problem. I was denied because I had 2 assault convictions from 6 years ago. I filed an I-601 that I compiled because they are easy to fill out. My fiance, (now wife) and I wrote a hardship letter 4 pages long and I attached 2 character references. Mine was approved no worries.

If your not confident then get a lawyer, if you can write good letters, save your money.

See KitKat1 I can recomend lawyers. Ha Ha Ha.

Can you tell me what degree was the assault? Does it matter if one assault was 100. fine and the other assault was only probation??? Was the consulate in Australia? There is something that we don't understand......How do they judge whether or not they deny you? Is it based soley on what the extent of the sentence could be only or also on what the sentence that was given...Will a consulate deny someone who had a fine???

thanks,

smallcan999

[kitkat1 5]

How do they judge whether or not they deny you? Is it based soley on what the extent of the sentence could be only or also on what the sentence that was given...Will a consulate deny someone who had a fine???

It's based on the law: http://travel.state.gov/visa/frvi/ineligib...ties_1364.html

That's why I suggest a consultation with an immigration attorney. They can help you understand and interpret the law and then you will understand what you are up against and your options.

[nathmc31 0]

OK, my fiance has a criminal record from 16 years ago and it was for a fight in a bar where he got charged with assault and then he has drunk driving charge....So we are not sure if he will get his visa. If he is denied, where do we get the waiver form and what do we do next?

thanks,

smallcan999

Well I had the same problem. I was denied because I had 2 assault convictions from 6 years ago. I filed an I-601 that I compiled because they are easy to fill out. My fiance, (now wife) and I wrote a hardship letter 4 pages long and I attached 2 character references. Mine was approved no worries.

If your not confident then get a lawyer, if you can write good letters, save your money.

See KitKat1 I can recomend lawyers. Ha Ha Ha.

Can you tell me what degree was the assault? Does it matter if one assault was 100. fine and the other assault was only probation??? Was the consulate in Australia? There is something that we don't understand......How do they judge whether or not they deny you? Is it based soley on what the extent of the sentence could be only or also on what the sentence that was given...Will a consulate deny someone who had a fine???

thanks,

smallcan999

I can only tell you what was said to me at the Sydney consulate, by one of the consular officers, (not the paperwork ladies the actual person who approves/denies applications).

Verbatum;

'It is the policy of USCIS that if you have anything on your record you are to be denied',

I said, 'I understand your policy, but if you look at the actual court details you will see that everything falls in with being admissable. I didnt write your law im just following it, cant you use your discretion'.

He said, 'Im sorry sir, at this time you have been denied due to CIMT blah blah blah.

My convictions where titled 'Assault Occasioning Actual Bodily Harm' X2 sound good hey. (joking)

I recived a $3000 fine.

I had my waiver in hand before the interview because I knew that I would need it, that helped speed things up.

The problem is that they need the revenue. The revenue from I-601's alone is astronomical, this is how they fund their organisation.