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salem2992

criminal record/waiver

By salem2992 in Tourist Visas

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Boiler Grand Master

Boiler   45,941

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted
16 minutes ago, salem2992 said:

Well i got some answers from the lawyer after posting my question here.... he informed me that the waiver wont take more than 4 months as the nature of the offense isnt solid... anyhow, yes they said i should apply for the b visa, theyll deny it and then they would suggest the waiver... i will try cause theres no harm in trying ... its all in GOd's hands... i profusely appreciate your help and thank you so much :)

He is wrong on the timeline and there is no Lawyer input for a B waiver, no fees to pay, hopefully he told you that.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Boiler Grand Master

Boiler   45,941

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

I am not so sure you needa waiver. 

 

Pay the money, apply for a B and see.

 

There is no B waiver to fill in, if the person interviewing you decides you would otherwise be issued a visa but need a waiver, they recommend you for one, no form, no fees you just wait and see. Most waiver recommendations are approved.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

mindthegap Experienced

mindthegap   2,599

Posted
Filed: Lift. Cond. (pnd) Country: United Kingdom
 Timeline
Posted (edited)
19 hours ago, Seth And Quynh said:

slim to none im sorry 

Why slim to none? A single misdemeanor conviction that is not a CIMT. Hardly up there with El-Chapo in the criminality stakes...

 

18 hours ago, Seth And Quynh said:

there's no waivers for a tourist visa 

Wrong.

 

 

19 hours ago, salem2992 said:

Do u guys think i got a chance to go as a tourist on a b2 visa i think?? 

 

 

Yes.

Apply. If approved, great. I too am not so sure you would be denied or need a waiver.

Only one way to find out!

 

If not approved, they (should) recommend you for a waiver, and the vast majority of people recommended for waivers will have them approved.

 

The waiver is then processed, and they will then request your passport for visa issuance. It may take 6 - 12 months, but should be do-able if needed in a years time.

No lawyer is needed in this and they cannot help influence or sway the decision - save your money.

 

Edited by mindthegap

CR1 / DCF (London): 2012 / 2013 (4 months from I-130 petition to visa in hand)

I-751 #1- April 2015 [Denied]

 

April 2015 : I-751 Joint filing package sent fedex next day 09:00am from UK ($lots - thanks). 
Jan 2017: Notification that an interview has been scheduled at a local office. Bizarrely still no RFE... 
Jan 2017: 2hr wait, then interview terminated before it began, due to moving my ID to another state 2 wks prior. New interview 'in a few months...maybe.'   Informed them that divorce proceedings are underway, but not finalised at this time. 
March 2017: An Interview was scheduled - marked as no-show as they didn't actually send out a notification of interview. FML 
April  2017: Filed an official complaint with the ombudsman, and have requested Senator & Congressman assistance
August 2017: Interview - switched to a (finalised) divorce waiver. Told that decision will be made that afternoon, but no problems foreseen with my case. 
October 2017: Letter of Denial received - reason given as 'I-751 petition was not properly filed'. Discovered ex-spouse made false allegations to USCIS in 2015. No opportunity given to review & refute allegations  - contrary to USCIS policy.

I-751 #2 - Oct 2017 - Mar 2021[Denied] 

 

October 2017: Within 72hrs of receiving denial notice, a new waiver I-751, divorce decree & $680 cheque, sent to Vermont via FedEx overnight 9am priority.  
Dec 2019: Filed FOIA request for full A# file
Feb 2020: FOIA request completed - entire A# file received as a .PDF; 197 pages fully redacted, and 80 partially redacted. Don't waste your time!
March 2021: I-751 #2 denied for lack of evidence. No RFE, no interview, and evidence in previous I-751 not reviewed - contrary to policy. Huge errors in adjudication.

N-400 - Feb 2018 - Apr 2021 [Denied]

 

February 2018: N-400 filed online.  $725 paid to the USCIS paperwork wastage fund

February  2019: Interview - cancelled after a four hour wait due to 'missing paperwork' on their end. Promised Expedited reschedule.

March 2021: Interview letter received, strangely dated after I-751 denial. No I-751 interview conducted. N-400 interview and test passed, given 'cannot make a decision at this time' paper due to the ongoing I-751 nightmare...

April 2021: N-400 denial received citing recent I-751 denial as basis for ineligibility, even though it should have been a combo interview 🤯

I AM JACK'S COMPLETE LACK OF SURPRISE

Service Motion - March 2021 [Sent via FedEx & COMPLETELY IGNORED by USCIS]

 

March 2021: Service Motion request sent overnight addressed direectly to field office director, requesting urgent review and re-opening, based on errors in adjudication - citing USCIS policy, AFM and memorandums as basis for errors. This was completely ignored by USCIS.

 I-751 #3 - June 2021 - Jan 2024 [Denied]

 

IT'S GROUNDHOG DAY

June 2021: I-751 #3 (30+lbs/5000 pages of paperwork) & another $680 sent to USCIS via FedEx ($300+..thanks) .... 

June 2021: Receipt issued, card charged, biometrics waived, infopass scheduled for I-551 stamp number ten.....

Feb 2022: RFIE (no, not an RFE, a Request For Initial Evidence) received, for copies of the divorce paperwork that they already have 😑

July 2022: Infopass for I-551 stamp number eleven.....

August 2023: Infopass for I-551 stamp number twelve....

January 2024: Denial received, ignoring the overwhelming majority of the filing, abundance of evidence, and refutation of a provably false allegation. The denial also contradicts itself in multiple places, as if it was written by someone with an IQ <50.

HAPPY NEW YEAR

 

2024: FML. Seriously. I'm done. 

 

Redheadguy03 Proficient

Redheadguy03   505

Posted
Filed: Citizen (pnd) Timeline
Posted
8 hours ago, f f said:

of course the lawyer will say it can be done in time for the wedding since you will have paid him when the waver is submitted and he will tell you that the difficulty of your case is what is taking so long. also I would start getting court documents and police records for each arrest and convictions. since there is a lower bar for denying the visa than convicting you and since they were dismissed and not found innocent they still can go against you.

Cases are dismissed for lack of evidence. It didn't go to trial, therefore it shouldn't matter. 

 

You are only found innocent if it goes to trial, a dismissal is actually better than being found innocent because you didn't have to go through a trial. You can in America, usually get non convictions sealed as well. 

f f Proficient

f f   725

Posted
Filed: Country:
Timeline
Posted
3 hours ago, Redheadguy03 said:

Cases are dismissed for lack of evidence. It didn't go to trial, therefore it shouldn't matter. 

 

You are only found innocent if it goes to trial, a dismissal is actually better than being found innocent because you didn't have to go through a trial. You can in America, usually get non convictions sealed as well. 

they had enough probable cause to charge you but not enough that the da thought they would win. it is actually worse since you were not exonerated by being found not guilty but rather accused of the crime. and convictions are never spent or sealed for immigration purposes. they will follow you forever hence why they specifically ask for "have you ever been arrested, charged, cited, convicted, fined .  . . " of a crime. note that they don't say don't bother if it was sealed they want to know everything and since it happened in the us they can easily run your background to find it too.

salem2992 Rookie

salem2992   0

Posted
Filed: EB-2 Visa Timeline
  • Author
Posted

thank u sooooo much boiler <3, thank youu, thank youuu mind the gappp <3, thank uuu redhead guy <3, thank you ff.....u guys gave me some hopeeee <33....its gonna be a rejection most likely( i feel) but at least i have hope now.....i hate how some people here all they do is kill hope. ....at the end of the day it is just marijuana i feel . it would have been different if it was cocaine or myth....but anyhow,  thank you soooo much and goood luck on your situations. i hope ya'll get the citizenship as fast as light. 

f f Proficient

f f   725

Posted
Filed: Country:
Timeline
Posted

I will admit I am overly pessimistic. but I do think giving false hope is far worse than raining on someones parade. I do think you have a chance just be open and honest about all interactions with law enforcement. and also weed is still a schedule 1 drug according to the federal government so they will take it seriously until the law changes.

Shiobhan Experienced

Shiobhan   235

Posted
Filed: Other Timeline
Posted

OP can apply for tourist visa with a D3 waiver, however its more 

of a chance if the CO recommended the D3, also depends

on how long ago the crime occured, that request

would go to DC and can take up to 9 months to be decided

there is no adjustment, its like being on a tight leash, and

returning to your country prior to expiration is a must if

you are approved

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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