Pardon for 4 CIMT waiver needed? (split)

[Sharig 18]

I have 4 cimt charges with are theft and possession of stolen property which is around 13 years ago. I have a pardon for them and also non immigrant waiver! I have been told that I need to apply for a I-601 immigrant waiver because of my charges. Is this true? I also have the dispositions for all charges aswell. I am a little nervous.  

 

Also for the people who have charges over 15 years you will be fine because a lawyer told me that if my charges were over 15 years I wouldn’t necessarily need a immigrant waiver

[geowrian 22,337]

You will need an I-601. The length of time ago doesn’t matter.

[Blossomka 9]

2 hours ago, Sharig said:

I have 4 cimt charges with are theft and possession of stolen property which is around 13 years ago. I have a pardon for them and also non immigrant waiver! I have been told that I need to apply for a I-601 immigrant waiver because of my charges. Is this true? I also have the dispositions for all charges aswell. I am a little nervous.  

 

Also for the people who have charges over 15 years you will be fine because a lawyer told me that if my charges were over 15 years I wouldn’t necessarily need a immigrant waiver

are u beneficiary?

what stage are y right now?

[Boiler 45,761]

You will not know for certain if you need a waiver until the interview. First determination would be if it was a CIMT and then if there are any de minimis issues that apply.

[Sharig 18]

2 hours ago, Blossomka said:

are u beneficiary?

what stage are y right now?

yes I am the immigrant from canada. My husband is the usc.

 

We are just gathering our documents stage right now, we do not want to submit anything to uscis without making we covet all our bases, such as my criminal record. I have a non immigrant waiver abd a canadian pardon. What are your thoughts?

[Sharig 18]

8 hours ago, geowrian said:

You will need an I-601. The length of time ago doesn’t matter.

Thank you! That is what I have found out during my research. Is it better to submit I-601 at the same time as adjustment of status or just do the adjustment and wait for the interview for them to tell me I need the waiver? What is you opinion.

[Ontarkie 14,321]

~~Questions and replies split off from another members thread. Thread also moved to Waivers from K1 P&P - As the Op is asking about waivers.~~

[geowrian 22,337]

4 hours ago, Sharig said:

Thank you! That is what I have found out during my research. Is it better to submit I-601 at the same time as adjustment of status or just do the adjustment and wait for the interview for them to tell me I need the waiver? What is you opinion.

If you're in the US, I think you can file the I-601 at the same time. But please confirm with a qualified professional...we don't see many people in the US on a NIV via a waiver doing AOS so I'm not 100% certain. Typically people go through consular processing, in which case you file it after otherwise qualifying for the visa and being waiver eligible.

 

Here's the section of the I-601 instructions leading me to believe concurrently filing with the I-485 is permitted:

"If you are an applicant for an immigrant, K, or V nonimmigrant visa (and you are outside the United States, have had a visa interview with a consular officer, and during the interview, you were found inadmissible,) or you are an applicant for adjustment of status to lawful permanent residence (excluding adjustment categories listed below,) you may file this application..."

Edited September 12, 2018 by geowrian

[Boiler 45,761]

Well no timeline difficult to comment.

[Sharig 18]

23 minutes ago, geowrian said:

If you're in the US, I think you can file the I-601 at the same time. But please confirm with a qualified professional...we don't see many people in the US on a NIV via a waiver doing AOS so I'm not 100% certain. Typically people go through consular processing, in which case you file it after otherwise qualifying for the visa and being waiver eligible.

 

He's the section of the I-601 instructions leading me to believe concurrently filing with the I-485 is permitted:

"If you are an applicant for an immigrant, K, or V nonimmigrant visa (and you are outside the United States, have had a visa interview with a consular officer, and during the interview, you were found inadmissible,) or you are an applicant for adjustment of status to lawful permanent residence (excluding adjustment categories listed below,) you may file this application..."

Thank you! This information is very helpful. Yes I believe that my case is different from a lot of other people. I am in the states came here legally as a visitor with a non immigrant waiver and pardon and now I want to adjust status so I figure I need a waiver but need to file concurrently with the adjustment of status.

[odie85 0]

Sharig in am in the same situation as you, can you message me? 

[Bendite 26]

On 9/11/2018 at 7:44 AM, Boiler said:

You will not know for certain if you need a waiver until the interview. First determination would be if it was a CIMT and then if there are any de minimis issues that apply.

Boiler Could the consular at the I-130 interview tell an applicant they qualify for a waiver then the applicant does apply to be later told they don’t qualify for the waiver? I was curious if you would know based on your visa journey experience. Seems awful to make people to continue the time and expense of the process after the first interview if they don’t even meet the criteria to begin with and don’t have a chance to be approved right? 

[Boiler 45,761]

They would not be told they qualify for a waiver, they would be told they qualify to apply for a waiver.

 

There are some things that can not be waived so in that case there would be no opportunity given to apply.

[aaron2020 11,651]

5 minutes ago, Bendite said:

Boiler Could the consular at the I-130 interview tell an applicant they qualify for a waiver then the applicant does apply to be later told they don’t qualify for the waiver? I was curious if you would know based on your visa journey experience. Seems awful to make people to continue the time and expense of the process after the first interview if they don’t even meet the criteria to begin with and don’t have a chance to be approved right? 

Yes.  Qualifying to file for the waiver is completely different from being granted or denied the waiver.  

 

At the I-130 interview, you were not told that you qualify for the waiver.  You were told that you were eligible to apply for the waiver.  Two very different things. 

 

 

[Bendite 26]

14 minutes ago, aaron2020 said:

Yes.  Qualifying to file for the waiver is completely different from being granted or denied the waiver.  

 

At the I-130 interview, you were not told that you qualify for the waiver.  You were told that you were eligible to apply for the waiver.  Two very different things. 

 

 

I believe that’s correct my client was  told eligible for a waiver so they can apply based on meeting the eligibility to apply but doesn’t mean they will be approved