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Boiler Grand Master

Boiler   45,486

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Years ago the Consulates processed waivers but the system changed, I forget how long it was, certainly not recently.

“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.”

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Crazy Cat Grand Master

Crazy Cat   41,845

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18 minutes ago, Ra2023 said:

To challenge the inadmissibility directly with the Department of States. Will help move case faster?

No.  USCIS handles them.

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JeanneAdil Grand Master

JeanneAdil   6,498

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Beginning June 4, 2012, immigrant visa applicants who are applying for a waiver of a ground of inadmissibility from outside the United States will file the Form I-601, Application for Waiver of Grounds of Inadmissibility, by mail with a USCIS domestic Lockbox facility, rather than with a USCIS international field office, or a U.S. Embassy or Consulate. 

 

https://www.uscis.gov/forms/all-forms/centralized-filing-and-adjudication-for-form-i-601-application-for-waiver-of-grounds-of

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Boiler Grand Master

Boiler   45,486

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3 minutes ago, JeanneAdil said:

Beginning June 4, 2012, immigrant visa applicants who are applying for a waiver of a ground of inadmissibility from outside the United States will file the Form I-601, Application for Waiver of Grounds of Inadmissibility, by mail with a USCIS domestic Lockbox facility, rather than with a USCIS international field office, or a U.S. Embassy or Consulate. 

 

https://www.uscis.gov/forms/all-forms/centralized-filing-and-adjudication-for-form-i-601-application-for-waiver-of-grounds-of

It has been a long time.

“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.”

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Ra2023 Explorer

Ra2023   11

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8 hours ago, Boiler said:

It has been a long time.

Thanks for reply. Short answer is no it is not going to help correct.

my case was not have a prior crime that should require a waiver at all to try and circumvent the need for the waiver and processing time that we are currently enduring. It is not an appeal of the consulate decision, but acts as a review of the consulate 

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Boiler Grand Master

Boiler   45,486

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Impossible to say with such limited information.

 

Is this what your Lawyer is suggesting?

“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.”

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Ra2023 Explorer

Ra2023   11

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6 hours ago, Boiler said:

Impossible to say with such limited information.

 

Is this what your Lawyer is suggesting?

Yes my lawyer suggested.

Applicable law: 

Generally a noncitizen who is convicted of, or formally admits committing, 
one CIMT is inadmissible. A noncitizen can avoid being inadmissible under 
the moral turpitude ground, however, by coming within the petty offense 
exception. Further discussion of the exception appears in legal texts, but 
the basic requirements are: (1) The noncitizen must have committed only one 
CIMT (ever); (2) The noncitizen must not have been “sentenced to a term of 
imprisonment in excess of six months (regardless of the extent to which the 
sentence was ultimately executed)” and (3) The offense must have a maximum 
possible sentence of one year. 



A person who comes within the petty offense exception is not inadmissible 
under the CIMT ground, although he may be deportable. Note, however, that 
the statute provides that the CIMT inadmissibility ground “shall not apply 
to an alien who” comes within the petty offense exception. 

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Boiler Grand Master

Boiler   45,486

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Usually number 3 is the issue, they look at the maximum a Court could have sentenced you for not what you actually served.

 

Assuming the Lawyer had done his due diligence why not?

 

 

“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.”

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Ra2023 Explorer

Ra2023   11

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1 hour ago, Boiler said:

Usually number 3 is the issue, they look at the maximum a Court could have sentenced you for not what you actually served.

 

Assuming the Lawyer had done his due diligence why not?

 

 

appeared for an immigrant visa interview on July 10,2022 and was found 
inadmissible under section 212(a)(2)(A)(i)(I) for conviction of CIMT and 
requested that a waiver be filed. We did recently file Form I-601 waiver, 
but we believe that this inadmissibility finding is erroneous and that the 
crime falls within the petty theft exception. 

Crime was happen year of 1994 and took voluntary Deportation in 2000 then allowed to enter in USA 2003 . Also paid fine and six months probation done.

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  • powerpuff changed the title to I 601 (Merged)
Boiler Grand Master

Boiler   45,486

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2 hours ago, Ra2023 said:
appeared for an immigrant visa interview on July 10,2022 and was found 
inadmissible under section 212(a)(2)(A)(i)(I) for conviction of CIMT and 
requested that a waiver be filed. We did recently file Form I-601 waiver, 
but we believe that this inadmissibility finding is erroneous and that the 
crime falls within the petty theft exception. 

Crime was happen year of 1994 and took voluntary Deportation in 2000 then allowed to enter in USA 2003 . Also paid fine and six months probation done.

So this happened in the US, should be easy to find out the Statute and the max sentence.

 

You entered in 2003 as a non immigrant with a D3 waiver?

“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.”

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