I-601 WAIVER UPDATES

[Ruthie 14]

On 3/5/2019 at 4:45 PM, Boiler said:

What does the RFE say?

We just got it today. It's horrible. They want proof of "exceptional and extremely unusual hardship" which isn't even supposed to apply to this particular waiver and almost impossible to prove. They also asked for everything that we've already sent, AGAIN! Proof of rehabilitation, letters from community people, family etc. We've already submitted all of this the first time.

[ricksme1983 3]

2 minutes ago, Ruthie said:

We just got it today. It's horrible. They want proof of "exceptional and extremely unusual hardship" which isn't even supposed to apply to this particular waiver and almost impossible to prove. They also asked for everything that we've already sent, AGAIN! Proof of rehabilitation, letters from community people, family etc. We've already submitted all of this the first time.

Whhat is your waiver for ?

[Ruthie 14]

11 minutes ago, ricksme1983 said:

Whhat is your waiver for ?

I-601 waiver for multiple criminal charges. (2 petty theft and an assault charge that he spent 2 months in jail for when he was 18) According to our lawyer, they're asking for proof of things they already have and things that don't apply to our particular case. It's really frustrating.

[Boiler 45,735]

22 minutes ago, Ruthie said:

We just got it today. It's horrible. They want proof of "exceptional and extremely unusual hardship" which isn't even supposed to apply to this particular waiver and almost impossible to prove. They also asked for everything that we've already sent, AGAIN! Proof of rehabilitation, letters from community people, family etc. We've already submitted all of this the first time.

That wording I see with COR, not I thought for an I 601.

[Ruthie 14]

1 minute ago, Boiler said:

That wording I see with COR, not I thought for an I 601.

Exactly, our lawyer says they're "attempting to expand the legal requirements for an I-601". They've included a paragraph at the end of the first set of original requirements that states because the offense was one of

 

"Assault Occasioning Bodily Harm which is considered a violent crime. Therefore, USCIS will not waive the inadmissibility as a matter of discretion unless the individual can show an extraordinary circumstance, such as:

*One involving national security or policy consideration; or

*If the denial of your admission would result in exceptional and extremely unusual hardship."

 

This absolutely sucks! I'm wondering why they just didn't send a NOID? Seems like they wanted to...

[geowrian 22,337]

I-601 instructions (https://www.uscis.gov/system/files_force/files/form/i-601instr.pdf😞

"You Are Seeking a Waiver Under INA Section 212(h) or (i) for Certain Criminal Grounds of Inadmissibility Under INA Section 212(a)(2) or for Immigration Fraud or Misrepresentation Under INA Section 212(a)(6)(c)

...

A crime involving moral turpitude (CIMT)

...

NOTE: If you are convicted of a violent or dangerous crime, the agency adjudicating your application may not approve the waiver unless there is an extraordinary circumstance, such as one involving national security or foreign policy considerations, or if denying your admission would cause exceptional and extremely unusual hardship. "

 

It seems like they may be considering the assault as a violent crime.

[Boiler 45,735]

8 minutes ago, geowrian said:

I-601 instructions (https://www.uscis.gov/system/files_force/files/form/i-601instr.pdf😞

"You Are Seeking a Waiver Under INA Section 212(h) or (i) for Certain Criminal Grounds of Inadmissibility Under INA Section 212(a)(2) or for Immigration Fraud or Misrepresentation Under INA Section 212(a)(6)(c)

...

A crime involving moral turpitude (CIMT)

...

NOTE: If you are convicted of a violent or dangerous crime, the agency adjudicating your application may not approve the waiver unless there is an extraordinary circumstance, such as one involving national security or foreign policy considerations, or if denying your admission would cause exceptional and extremely unusual hardship. "

 

It seems like they may be considering the assault as a violent crime.

 

Thanks, not sure I have seen this apply and I missed the ABH reference, ABH can cover a wide range btw so specifics may matter.

[Ruthie 14]

10 minutes ago, geowrian said:

I-601 instructions (https://www.uscis.gov/system/files_force/files/form/i-601instr.pdf😞

"You Are Seeking a Waiver Under INA Section 212(h) or (i) for Certain Criminal Grounds of Inadmissibility Under INA Section 212(a)(2) or for Immigration Fraud or Misrepresentation Under INA Section 212(a)(6)(c)

...

A crime involving moral turpitude (CIMT)

...

NOTE: If you are convicted of a violent or dangerous crime, the agency adjudicating your application may not approve the waiver unless there is an extraordinary circumstance, such as one involving national security or foreign policy considerations, or if denying your admission would cause exceptional and extremely unusual hardship. "

 

It seems like they may be considering the assault as a violent crime.

It wasn't though. Violent crimes involve weapons, severe injury, etc. He was involved in a teenage fist fight. Nothing more. He was only in jail for two months because the person that started the incident was the son of a doctor. We have included proof of this as well. 

 

[Ruthie 14]

4 minutes ago, Boiler said:

 

Thanks, not sure I have seen this apply and I missed the ABH reference, ABH can cover a wide range btw so specifics may matter.

It was also almost 40 years ago with nothing else on his record since then. Ridiculous

[Boiler 45,735]

I would concentrate on showing it was not violent or dangerous. If not then the exceptional and unusual level.

[geowrian 22,337]

5 minutes ago, Boiler said:

I would concentrate on showing it was not violent or dangerous. If not then the exceptional and unusual level.

Seconded.

[Ruthie 14]

6 minutes ago, Boiler said:

I would concentrate on showing it was not violent or dangerous. If not then the exceptional and unusual level.

Our lawyer is looking over it and coming up with a plan. It truly is ridiculous though. It's like they're going around in circles. "Well prove rehab and we'll give it, but ummm no...we may consider it violent or dangerous and can't be waived". So incredibly frustrating.

[Bendite 26]

16 minutes ago, Ruthie said:

Our lawyer is looking over it and coming up with a plan. It truly is ridiculous though. It's like they're going around in circles. "Well prove rehab and we'll give it, but ummm no...we may consider it violent or dangerous and can't be waived". So incredibly frustrating.

40 years ago???? Absolutely ridiculous! I am so sorry! This process is so horrific and the time, money and energy you’ve already spent! Was the victim injured? 40 years ago no other record? 🤦🏼‍♀️ smh

[Ruthie 14]

Just now, Bendite said:

40 years ago???? Absolutely ridiculous! I am so sorry! This process is so horrific and the time, money and energy you’ve already spent! Was the victim injured? 40 years ago no other record? 🤦🏼‍♀️ smh

Yes, unfortunately the other guy that started it got a broken nose and ended up in the hospital. Yep, 40 years ago and absolutely nothing since. He raised 7 kids with his ex wife that are all well educated and successful. (Great step kids and I love them all.) 

[Bendite 26]

10 hours ago, Ruthie said:

Yes, unfortunately the other guy that started it got a broken nose and ended up in the hospital. Yep, 40 years ago and absolutely nothing since. He raised 7 kids with his ex wife that are all well educated and successful. (Great step kids and I love them all.) 

Did he do any type of psychological or mental health assessment?