visa denied need to file waiver

[shannon65 2]

it's been such a long process of gathering police records and translations for the last 3 months. I went to Korea last week and today Korean embassy denied the visa based on grounds of inadmissibility. Must file waiver. This is so hard.

[me_4_musa 1]

I don't know what to say.

So Sorry. I know it's easier said than done but try and keep your chin up. Good luck to you both.

[wissooner 0]

I am sorry for your troubles but I must say I am alilttle confused. According to your timeline you had a interview in October. What happened then? So this second interview was a no-go too? File waiver for what?...

[shannon65 2]

I am sorry for your troubles but I must say I am alilttle confused. According to your timeline you had a interview in October. What happened then? So this second interview was a no-go too? File waiver for what?...

My fiance's interview was in October. At that time the visa was not denied. They needed his police records first. Those took a lot of time to get and to have translated from Korean. The visa was denied because he has two charges on his police record of crimes that make a person inadmissible to the U.S. ("crimes of moral turpitude"). In this case a waiver must be filed and if approved can still get the visa.

[Jasman0717 9]

I am sorry to hear of your denial and hope that the waiver process is quick and successful.

[michael_d 0]

it's been such a long process of gathering police records and translations for the last 3 months. I went to Korea last week and today Korean embassy denied the visa based on grounds of inadmissibility. Must file waiver. This is so hard.

I looked it up.........

............

Inadmissibility to the United States

You may be inadmissible into the United States on the basis of any one of the following conditions:

Health issues: A beneficiary may be inadmissible due to health issues if he or she

* Has a communicable disease, such as tuberculosis or HIV (AIDS).

* Has a physical or mental disorder that threatens the safety of other people.

* Is a drug abuser or addict.

* Cannot prove that he/she has been vaccinated against certain vaccine-preventable diseases.

Criminal and related violations: A beneficiary may be inadmissible due to criminal and related violations if he or she

* Has committed crimes of moral turpitude (which can include anything from petty theft to murder).

* Has multiple criminal convictions.

* Is a prostitute.

* Is involved in serious criminal activity but has received immunity from prosecution.

* Is a drug offender.

Security and related violations: A beneficiary may be inadmissible due to security and related violations if:

* He/she is a spy or governmental saboteur.

* He/she intends to overthrow the US government.

* He/she is a terrorist or a representative of a foreign terrorist organization.

* He/she is a member of a totalitarian party.

* He/she is a Nazi.

* His/her entry into the US would endanger US foreign policy. This condition does not apply if the beneficiary is an official of a foreign government, or if the beneficiary's activities or beliefs would normally be lawful in the US, according to the Constitution.

Likelihood of becoming dependent on public benefits: A beneficiary may be inadmissible due to a likelihood of becoming dependent on public benefits if, while the beneficiary was a non-immigrant, he/she applied for public benefits through fraud or while he/she was not eligible. (This action results in a 5-year bar to admissibility.)

Immigration violations: A beneficiary may be inadmissible due to immigration violations if:

* He/she is present in the US without proper documentation (i.e. without "admission or parole")

* He/she was previously deported

* His/her immigration process involves misrepresentations.

* He/she has made a false claim to US citizenship.

* He/she is currently subject to a final removal (deportation) order under the Immigration and Naturalization Act.

* During the past 5 years, he/she abused a student visa by improperly obtaining F-1 status to attend a public elementary school or adult education program, or by improperly transferring from a private to a public program.

* During the past 5 years, he/she was ordered removed (deported) immediately upon arrival in the US, and this was his/her first immediate deportation upon entry into the US.

* During the past 20 years, he/she was ordered removed (deported) immediately upon arrival in the US, and this was his/her second or subsequent immediate deportation upon entry.

* He/she was convicted of an aggravated felony, and was ordered removed due to this conviction.

* He/she was illegally present in the US, then departed the US. He/she is seeking re-entry to the US. If the total amount of time spent illegally in the US is 180 to 364 days, then the immigrant cannot re-enter until 3 years after this re-entry attempt. If the total amount of time is 365 days or more, then the immigrant cannot re-enter until 10 years after this re-entry attempt. In both cases, any days in the US before April 1, 1997 do not contribute toward the total number of days.

* He/she was illegally present in the US for more than one year, then subsequently re-entered the US without admission.

* He/she was ordered removed, then subsequently attempted to re-enter the US without admission.

* He/she entered the US as a stowaway.

* He/she is or was involved in smuggling illegal aliens.

Document violations: A beneficiary may be inadmissible due to document violations if he or she lacks the required current passports or visas.

Ineligible for citizenship: A beneficiary may be inadmissible if:

* He/she is permanently ineligible for citizenship.

* He/she is a draft evader, and was not a US citizen at the time of evasion or desertion.

Miscellaneous conditions: A beneficiary may be inadmissible if:

* He/she is a practicing polygamist.

* He/she is the guardian accompanying an excludable alien(s).

* He/she is an international child abductor, and is not a national of a country that signed the Hague Convention on International Child Abduction.

* He/she is has voted illegally (in violation of any federal, state or local law or regulation).

* He/she is a former US citizen who renounced citizenship to avoid taxation.

[kitkat1 5]

My fiance's interview was in October. At that time the visa was not denied. They needed his police records first. Those took a lot of time to get and to have translated from Korean. The visa was denied because he has two charges on his police record of crimes that make a person inadmissible to the U.S. ("crimes of moral turpitude"). In this case a waiver must be filed and if approved can still get the visa.

Shannon, it sounds like you were not aware that a waiver would be necessary due to the charges. You can find help on the hardship letter that you need to submit on www.immigrate2us.net in the 601 forum stickies. Good luck.

[shannon65 2]

going to go with a lawyer on this and hope it goes well...if not, I'm moving to Korea, hardships notwithstanding.

on the visa denial form they handed us was a checklist of reasons...besides the crimes necessitating a waiver, the box for "other" was checked...with a comment will contact you later....whatever that means. Time to call the embassy.

[~Chad~ 0]

I'm sorry to hear that news Shannon, but don't give up!

[Kelechi 0]

it's been such a long process of gathering police records and translations for the last 3 months. I went to Korea last week and today Korean embassy denied the visa based on grounds of inadmissibility. Must file waiver. This is so hard.

Keep on keeping on. We are all here for you.

[raymaga 25]

You must be very disappointed.

Good luck for a successful waiver process. Hope everything works out for you both.

[lirachadsbaby 0]

Be strong. sooner or later, you both will be together...