Lawyer fees

[garyandkris 0]

Additionally, if anyone has seen a 2 page brief or know of someone who submitted it with the application under the petty offense rule..it would be good to know how that went for them, if they wrote the brief if there was a format they followed...all the info.

BObbie

I don't have the actual brief yet, but I can give you an idea of what it contains based on a rough draft.

Addendum to (immigration form number, applicant's name, case number)

List basic facts of arrests, reprimands, warnings, convictions and cautions, including dates, fines, restitution, sentences, etc. Explain the basic facts of any incident even if it did not result in a conviction. Explain why the offense does not make the applicant inadmissible, either by falling under one of the exceptions clauses for a CiMT or by explaining why the offense is not a CiMT. (for example, "Mr. Doe has one conviction for stealing a ladybird from a neighbor's garden. The conviction occurred in 1687, over three hundred years ago, when the subject was attending charm school. He was fined one penny and paid a nickel in restitution. Mr. Doe qualifies under the Petty Offense exception because of his single conviction. He is not inadmissible and should not be required to file a waiver.)

Cite relevant portion of INA 212 http://travel.state.gov/visa/frvi/ineligib...Ineligibilities

When dealing with a CiMT committed when you were an adult, you must determine the maximum possible sentence for it. This can be a bit tricky to find. I have been told by attorney Laurel Scott that it is the maximum possible sentence for the crime in the country in which the crime was committed. Some have stated that it is the maximum possible sentence for the crime under US law. You may want to cite both, and this may require a trip to the library if you can't find the information you need online.

The maximum possible sentence must be one year or less and the actual sentence must be six months or less or you cannot use the "Petty Offense" exception clause.

If you committed only one CiMT while under the age of 18, the maximum possible sentence doesn't come into effect. If you served time for only one conviction, as long as you were released five or more years before the visa application, you fit under the first exception clause. You should state something to the effect that "The conviction occurred while Miss Doe was under the age of 18. She was released in 1990 after having served 2 months in juvenile detention. Miss Doe has had no convictions since."

End by summing up the basics of your argument. "Mr. Doe has only one conviction for which the maximum possible sentence was one year and the actual imposed penalty was a small fine and restitution. He qualifies for admission to the United States under the Petty Offense exception clause and does not need to file a 601 waiver application."

I believe all the above information is correct, but I'm sure someone will point out if it isn't.

[Bobbie 1]

Additionally, if anyone has seen a 2 page brief or know of someone who submitted it with the application under the petty offense rule..it would be good to know how that went for them, if they wrote the brief if there was a format they followed...all the info.

BObbie

I don't have the actual brief yet, but I can give you an idea of what it contains based on a rough draft.

Addendum to (immigration form number, applicant's name, case number)

List basic facts of arrests, reprimands, warnings, convictions and cautions, including dates, fines, restitution, sentences, etc. Explain the basic facts of any incident even if it did not result in a conviction. Explain why the offense does not make the applicant inadmissible, either by falling under one of the exceptions clauses for a CiMT or by explaining why the offense is not a CiMT. (for example, "Mr. Doe has one conviction for stealing a ladybird from a neighbor's garden. The conviction occurred in 1687, over three hundred years ago, when the subject was attending charm school. He was fined one penny and paid a nickel in restitution. Mr. Doe qualifies under the Petty Offense exception because of his single conviction. He is not inadmissible and should not be required to file a waiver.)

Cite relevant portion of INA 212 http://travel.state.gov/visa/frvi/ineligib...Ineligibilities

When dealing with a CiMT committed when you were an adult, you must determine the maximum possible sentence for it. This can be a bit tricky to find. I have been told by attorney Laurel Scott that it is the maximum possible sentence for the crime in the country in which the crime was committed. Some have stated that it is the maximum possible sentence for the crime under US law. You may want to cite both, and this may require a trip to the library if you can't find the information you need online.

The maximum possible sentence must be one year or less and the actual sentence must be six months or less or you cannot use the "Petty Offense" exception clause.

If you committed only one CiMT while under the age of 18, the maximum possible sentence doesn't come into effect. If you served time for only one conviction, as long as you were released five or more years before the visa application, you fit under the first exception clause. You should state something to the effect that "The conviction occurred while Miss Doe was under the age of 18. She was released in 1990 after having served 2 months in juvenile detention. Miss Doe has had no convictions since."

End by summing up the basics of your argument. "Mr. Doe has only one conviction for which the maximum possible sentence was one year and the actual imposed penalty was a small fine and restitution. He qualifies for admission to the United States under the Petty Offense exception clause and does not need to file a 601 waiver application."

I believe all the above information is correct, but I'm sure someone will point out if it isn't.

Wow, I just want to say thank you for all that you have outlined here. It is obvious how much work you put into this, and it really is appreciated by me. I hope others will see t his, I think you have provided some excellent information for many of us who can not get a lawyer for this issue at this time. Again, thank you from the bottom of my heart.

Bobbie

[Iwontgiveup 0]

I don't know about the others here on VJ, but I think VJ is a GREAT help that is free of charge. If the main guides don't help you, ask a question in the forums like you have done. Most lawyers are not looking out for you and your interests. They spend little to no time actually on your case. The assembly and preparation of your paperwork is more than likely handled by an underpaid paralegal. The lawyer may have to sign the paid preparer thing on the last page of the I-129F or whatever form you are submitting, but that's probably about the extent of what the lawyer will do for you themselves. In my opinion, you could easily save yourself thousands of dollars just by asking questions on the forums here. We're not lawyers, but we are going through the same process you are going through, so we know what we've done and can possibly help you on your journey.

This is generally totally true. But this case is a complicated one requiring a waiver and hardship letter. Laurel Scott runs her own office and has 2 part time assistants. She does all of the work herself and is an expert on waivers. I'm not in any way associated with her, although I did do a consult with her and it was the best money I spent - I was able to write my own hardship letter with her guidance and expertise. But if my situation was complicated, I would definitely not risk it and go with a lawyer who specializes in these kinds of cases - it's much, much more than filling out a form.

Thats true. There's really only so much a person can do on their own then they really have to turn to a lawyer. I feel confidant enough to do my own waiver but I've run into a couple of questions that I cant google and that this board cant provide answers to. I forgot that I could possibly consult with her...just to get these questions out of the way. Namely the fact that the courts arent speicific in their findings of my fiance's drug possession which can make or break our waiver. I will have to travel to Scotland to wring some necks so I know I've tried everything to get the answers I need. If they have no info. I will have them state that in a letter. Its a pain and has me worried about the embassy's assumptions when the time comes to file a waiver.

Well we have our fingers crossed as we prepared our own health waiver packet. Hardship letter, tons of proof that meets and exceeds the requirements. However, for HIV cases the main ingredients are essentially: Health Insurance, proof that beneficiary won't become a public charge, and knowledge of modes of transmission, and clearly state why you are a minimal health risk to the general population...

However, after several retests, the panel physician wrote: Change of Status, HIV non reactive... I guess we won't be needing the waiver after all... Wish I would have know this over a year ago.