Visa refusal based on criminal grounds - please help

[jessica432 0]

1 hour ago, Boiler said:

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.

Yes the crime my brother was charged for occurred more than 15 years ago. Initially thought it was 14, but mixed up court dates with date of event. His history and involvement within his community is very  positive.

 

I will take a look at this 212h waiver. Thank you.

[jessica432 0]

Found this info. 

 

"For example, Danny is convicted in New York for engaging in prostitution and is found inadmissible by the immigration judge (IJ) under INA §212(a)(2)(D)(i). He is applying for adjustment of status based on an approved I-140 and has no qualifying relatives. He is nevertheless eligible for a 212(h) waiver if he can prove that her admission into the United States is not contrary to the national welfare and that he has been rehabilitated."

 

https://www.visalawyerblog.com/212h_discretionary_waiver_waiv/

[jessica432 0]

Fishing for false hope?

 

http://voiceofasia.news/answers-to-questions-about-waivers-of-grounds-of-inadmissibility-2/

 

"Q: For the 212(h) waiver for crime involving moral turpitude, the qualifying relatives are stated as ‘spouse, parent, son or daughter’ of a US Citizen or Lawful Permanent Resident. Does this mean that if the applicant needs this kind of wavier, the applicant must have either a spouse, parent, son or daughter who is a US Citizen or Permanent Resident? Also, when reference is made to ‘son or daughter’, does the son or daughter need to be under 21 years of age? Or do all sons and daughter irrespective of age qualify as the qualifying relatives?

A: For most 212(h) waivers subject to a couple of exceptions (specifically for prostitution and crimes more than 15 years old), the applicant must have one or more of these qualifying relatives – spouse, parent, son or daughter – who must either be US Citizens or Lawful Permanent Residents. The reference to ‘sons or daughter’s refers to all children, not specifically to those who are under 21 years of age. So for example, if one needs a 212(h) waiver and her only relative is her son who is over the age of 21 years, he will be her qualifying relative for the purposes of the 212(h) waiver."

 

Does the bold imply post 15 years may not need a qualifying relative?

 

 

 

Most websites state they need one, and that children count towards it.

 

"The 212(h) waiver, in contrast, has a more expansive group of individuals who may serve as the Qualifying Relative: USC or LPR spouse, parent, son, or daughter."

Edited May 24, 2020 by jessica432

[neilsqueen 433]

I see her confusion.  From the USCIS site it says:

 

"Bringing Siblings to Live in the United States as Permanent Residents

To petition to bring your sibling (brother or sister) to live in the United States as a Green Card holder, you must be a U.S. citizen and at least 21 years of age. Permanent residents may not petition to bring siblings to live permanently in the United States."

 

So if she is at least 21 years of age, wouldn't she be able to sponsor him with the waiver once 15 years has past since she is a USC? 

 

"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."

 

 

[laylalex 7,300]

12 hours ago, neilsqueen said:

I see her confusion.  From the USCIS site it says:

 

"Bringing Siblings to Live in the United States as Permanent Residents

To petition to bring your sibling (brother or sister) to live in the United States as a Green Card holder, you must be a U.S. citizen and at least 21 years of age. Permanent residents may not petition to bring siblings to live permanently in the United States."

 

So if she is at least 21 years of age, wouldn't she be able to sponsor him with the waiver once 15 years has past since she is a USC? 

 

"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."

 

 

That's how I read it. It's an "or" situation. A or B or C or D. The qualifying US citizen part is only in play when the applicant is seeking a waiver under option C, because it's the only one of the four options where a qualifying US citizen is mentioned. But here the brother is seeking a waiver under option B, so there doesn't have to be a qualifying US citizen.

[Boiler 46,125]

7 minutes ago, laylalex said:

That's how I read it. It's an "or" situation. A or B or C or D. The qualifying US citizen part is only in play when the applicant is seeking a waiver under option C, because it's the only one of the four options where a qualifying US citizen is mentioned. But here the brother is seeking a waiver under option B, so there doesn't have to be a qualifying US citizen.

Correct