Visa refusal based on criminal grounds - please help

[jessica432 0]

I completed the visa application for my brother and his family. My brother was refused based on “Criminal and related grounds”. The refusal letter states he is “Eligible to seek a waiver of the grounds of ineligibility”. In Kosovo, harvesting firewood is a very common job and is how most people there support their families. He was fined for cutting wood on city property. This occurred in 2006. He was not aware that this would be a part of his record.

 

During the interview, the officers at the embassy informed him that all he must do now is fill out the I-601 and state that he is truly sorry for committing the act, and that he has changed from his past. He has no other criminal history other than this single event. My brother attempted to pay the fine but was told that since the case is too old (14 years), they cannot take any payment. They then expunged this off of his record (not sure if this matters now).

 

As I research this more, there are many stating that the only thing that matters is the extreme hardship letter. I have several major health conditions and am currently disabled. I have major damage to my shoulders and knees that require multiple surgeries. I have serious issues with my back that cause chronic pain. I can provide medical evidence for all the above listed. I did expect my brother and his wife to help take care of me.

 

Are my health issues enough to qualify for extreme hardship? Should I have my brother collect reference letters and write an apology letter? Need advice on what I should be focusing on.

 

I was thinking of hiring a lawyer but am wondering if I can do the I-601 on my own.

 

Thanks for your help.

[Boiler 46,003]

Well the waiver is a package not a letter and presumably the issue is a theft conviction.

 

Who would be the qualifying relative, his Parents?, pretty sure a sibling does not qualify.

[jessica432 0]

Oh I am the U.S. citizen. I am petitioner and sponsor for my sibling.

[Boiler 46,003]

10 minutes ago, jessica432 said:

Oh I am the U.S. citizen. I am petitioner and sponsor for my sibling.

I realise that.

[jessica432 0]

My brother has a wife and 4 kids.

[designguy 1,179]

The waiver states the following:

Quote

With the application, you must establish one of the following:

A. You are inadmissible only because of your participation in prostitution, including having procured others for prostitution or having received the proceeds of prostitution, but you have been rehabilitated and your admission to the United States will not be contrary to the national welfare, safety, or security;

 

B. At least 15 years have passed since the activity or event that makes you inadmissible, you have been rehabilitated, and your admission to the United States will not be contrary to the national welfare, safety, or security;

 

C. Your qualifying U.S. citizen, lawful permanent resident relative (spouse, son, daughter, parent), or K visa petitioner would experience extreme hardship if you were denied admission; or

 

D. You are an approved VAWA self-petitioner.

https://www.uscis.gov/sites/default/files/files/form/i-601instr.pdf

 

Your brother will need to wait 15 years since the theft conviction to get a waiver. So it seems you will need to wait til 2021

44 minutes ago, Boiler said:

Well the waiver is a package not a letter and presumably the issue is a theft conviction.

 

Who would be the qualifying relative, his Parents?, pretty sure a sibling does not qualify.

Yep only spouses, children or parents qualify

[Pinkrlion 2,724]

42 minutes ago, jessica432 said:

Oh I am the U.S. citizen. I am petitioner and sponsor for my sibling.

He is saying that you cannot file the waiver. 

[jessica432 0]

"Yep only spouses, children or parents qualify". I had no idea about this.

 

Why was he given a form stating he is eligible to apply for a waiver then? I have a copy of the form. Was it a mistake on their part? This is confusing. He was not told anything about 15 years past the crime.

[Boiler 46,003]

Because he is eligible, just needs a qualifying relative to file which is seems he does not have.

[jessica432 0]

Wow that is unexpected. I was confused earlier and did not understand your message Boiler.

 

I feel awful for my brother. He has no spouse, parent or child in the US. The employees at the embassy told my brother that all he needed to do was write an apology letter and send in the waiver. Can't believe it.

 

Thanks for the help. Will wait out the next year until it passes 15 years, then send in the waiver.

[SalishSea 18,122]

On 2/17/2020 at 6:27 PM, jessica432 said:

Wow that is unexpected. I was confused earlier and did not understand your message Boiler.

 

I feel awful for my brother. He has no spouse, parent or child in the US. The employees at the embassy told my brother that all he needed to do was write an apology letter and send in the waiver. Can't believe it.

 

Thanks for the help. Will wait out the next year until it passes 15 years, then send in the waiver.

If he does not have a qualifying relative now, how will he in a year?  That makes no sense.

[jessica432 0]

On 2/21/2020 at 2:34 AM, Jorgedig said:

If he does not have a qualifying relative now, how will he in a year?  That makes no sense.

I am confused about this. So it is impossible to even file this waiver if he doesn't have a qualifying relative?

 

 I posted this question on the avvo website and  a lawyer stated that my brother does not need a qualifying relative because he is not filing an extreme hardship waiver. He is applying based on the crime being past 15 years and needs to show proof of rehabilitation.

 

This is a section from the I-601 instruction sheet off of USCIS.gov. It doesn't mention needing a qualifying relative if a crime is post 15 years.

 

"With the application, you must establish one of the following: A. You are inadmissible only because of your participation in prostitution, including having procured others for prostitution or having received the proceeds of prostitution, but you have been rehabilitated and your admission to the United States will not be contrary to the national welfare, safety, or security; B. At least 15 years have passed since the activity or event that makes you inadmissible, you have been rehabilitated, and your admission to the United States will not be contrary to the national welfare, safety, or security; C. Your qualifying U.S. citizen, lawful permanent resident relative (spouse, son, daughter, parent), or K visa petitioner would experience extreme hardship if you were denied admission; or D. You are an approved VAWA self-petitioner."

[SalishSea 18,122]

1 hour ago, jessica432 said:

Your qualifying U.S. citizen, lawful permanent resident relative (spouse, son, daughter, parent

 

 

Even the bit you quoted explains it.

Edited May 24, 2020 by Jorgedig

[jessica432 0]

I thought when it stated that part it only applied to part C. It never stated you are required to have a qualifying relative for the crime after 15 years, so I assumed that's all he needed. Wish it was more clear.

 

Three lawyers told me that my brother does not need a qualifying relative and gave me pricing over the Avvo website. I was about to send payment to one lawyer recently but wanted to contact other lawyers to see if I felt more comfortable with them. Then one lawyer out of the many I contacted replied and told me my brother cannot file the waiver without a qualifying relative. Then I went in a circle again and contacted the 3 lawyers from Avvo and they all said that the single lawyer claiming he cannot file is incorrect. He can file without a qualifying relative. Then I came back here realizing I was blind to the responses.

 

Can't believe this BS for these lawyers trying to scam me. Giving me false hopes. I am beyond frustrated right now.

[Boiler 46,003]

15-Year 212h Waivers You must demonstrate that the activities for which you are inadmissible occurred more than 15 years ago; that your admission would not be contrary to the national welfare, safety, or security of the US and 3) that you have been rehabilitated.