CAN I GET APPROVED VISA WITH I-194 WAIVER? (merged)

[JCHUNG 1]

@Family yes what sucks is that you cant file the i601 until the consulate gives u a refusal.

[Family 3,988]

As I stated earlier, I believe they will. So you should prepare to 1. Challenge    AND start preparing for I-601 

[Boiler 45,516]

Prostitution defined. The term “prostitution” means engaging in promiscuous sexual intercourse for hire. A finding that an alien has “engaged” in prostitution must be based on elements of continuity and regularity, indicating a pattern of behavior or deliberate course of conduct entered into primarily for financial gain or for other considerations of material value as distinguished from the commission of casual or isolated acts.

 

There is no requirement for a conviction

[JCHUNG 1]

@Boiler great thanks looks like ill definitely be refused & sent to do i601 sadly 

Edited April 12, 2022 by JCHUNG

[Crazy Cat 41,856]

22 minutes ago, Family said:

She was arrested and charged , yes AND she admitted AND she WON!!! What is your question..?
BUT you are facing the Consulate….and they don’t have the same constraints as USCIS  

You think the consulate will ignore a ban?  

[Crazy Cat 41,856]

Seems to me an I-601 waiver would be the path of less resistance. 

Edited April 13, 2022 by Crazy Cat

[Demise 1,283]

9 hours ago, JCHUNG said:

Hello, i am currently on a i-194 waiver it is good for 5 years and it is for prostitution. I have never been charged for prostitution but I admitted to doing it in my past and that is why i had to get a waiver. Fast forward i met my husband he is american we are married and have children, we completed the process for me to migrate to the states and now i have a visa interview. My questions are will I be sent back for a i601 waiver at my interview? If yes how do I prove extreme hardship for something like prostitution. I have seen online that for prostitution you do not need to prove extreme hardship , is this true or false? 

I assume you got a non-immigrant visa waiver (I-192). If it's been less than 10 years you've got two options:

1. Wait for the 10 years to pass (valid option if you're close to it)

2. File I-601

I-192 does not waive this for immigrant purposes. So you if try to seek consular processing for an immigrant visa or seek adjustment of status in US within those 10 years you will need an I-601.

 

For I-601 you will need to prove at least one of the following (and ideally you want to argue both):

1. You are inadmissible only because of prostitution, have been since rehabilitated, and your entry to US will not be contrary to national welfare, safety, or security.

2. Your qualifying relative (US Citizen or Permanent Resident, Spouse, Parent, or Child) would suffer extreme hardship if you were denied.

 

 

[JCHUNG 1]

@Demise thank you for ur response looks like ill be filing that i601 

[JCHUNG 1]

I apologize if this has been discussed. I am new here. If i end up needing an i601. Will I need to start a new visa application after i get the i601? Or will they use everything I have already submitted? Do they just reschedule my interview after I get the i601? Is the wait time different for an i601 if NVC told you to get one? 

[Boiler 45,516]

Not normal to have another interview, you will most likely need a new medical.

[JCHUNG 1]

So how will i get approved if i get told to get an i601, what is the process of receiving the visa after getting an i601

Edited April 30, 2022 by JCHUNG

[Boiler 45,516]

The Consulate will contact you probably initially for a new medical and then issue a visa

[Crazy Cat 41,856]

Is this the same issue as the one below?

 

 

[JCHUNG 1]

Ok thank you

[JCHUNG 1]

@Crazy Cat yes it is. My interview is coming up soon so Im just preparing myself for what can happen