Waiver question

[akingdon1975 0]

I have been denied an immigrant visa, F1 due to crimes of moral turpitude from 1996. I paid restitution and served 3 of the given 5 years of probation before being relived of it. I have no criminal history since. i am told i have to use the i601 waiver. for criminal, do i have to do the hardship part or is it just demonstrating my rehabilitation and good character since?

[Family 3,988]

Waiver for non immigrant visa does not require qualifying relative , so no hardship to argue. Hardship to self is irrelevant. 
 

What makes you think the CO / Consular Officer will give thumbs up recommendation….? See 2nd link and note “you” refers to CO, not applicant

 

Are you DIY or paid an attorney?

https://fam.state.gov/fam/09FAM/09FAM030503.html

9 FAM 305.3-3  WAIVER FOR NONIMMIGRANT VISA APPLICANTS INELIGIBLE BASED ON CRIMINAL ACTIVITY, CRIMINAL CONVICTIONS AND RELATED ACTIVITIES - INA 212(A)(2)

9 FAM 305.3-3(A)  Crimes of Moral Turpitude - INA 212(a)(2)(A)(i)(I)

(CT:VISA-1368;   09-16-2021)

a. Waiver Available:  For those that do not fall under the exceptions to ineligibility provided for in INA 212(a)(2)(A), an INA 212(d)(3)(A) waiver is available for nonimmigrant applicants.  As with any INA 212(a)(d)(3)(A) waiver, the Department of Homeland Securitycannot approve the waiver request unless it is accompanied by a favorable recommendation from either you or the Secretary of State.  Factors to consider when deciding whether to recommend a waiver include the nature and date of the offense, possible rehabilitation of the applicant’s character, and the necessity for, or urgency of, the proposed trip to the United States.

b. Additional Information:  For additional information on INA 212(a)(2)(A)(i)(I) see 9 FAM 302.3-2.  For additional information on INA 212(d)(3)(A) waivers see 9 FAM 305.4-3.

 

 

https://fam.state.gov/fam/09FAM/09FAM030504.html#M305_4_3

 

9 FAM 305.4-3(C)  (U) Factors to Consider When Recommending a Waiver

(CT:VISA-2025;   07-15-2024)

a. (U) You may, in your discretion, recommend an INA 212(d)(3)(A) waiver for any nonimmigrant whose case meets the criteria of 9 FAM 305.4-3(B) above and whose presence would not be harmful to U.S. interests.  Eligibility for a waiver is not conditioned on having a qualifying family relationship, or the passage of a specific amount of time, or any other special statutory threshold requirement.  The law does not require that such action be limited to humanitarian or other exceptional cases.  While the exercise of discretion and good judgment is essential, you may recommend waivers for any legitimate purpose of travel.

[jan22 3,055]

OP is applying for an immigrant visa, I believe.  
 

Without knowing for sure the specific nature of your crime(s) — which we don’t need to, but you can review (preferably with a lawyer knowledgeable about waivers) to make sure there are no hidden issues that would effect your case — since your crimes were more than 15 years ago that would usually mean you just have to show you have been rehabilitated and that admitting you to the US is not contrary to the safety and security of the country.

[Family 3,988]

6 minutes ago, jan22 said:

OP is applying for an immigrant visa, I believe.  
 

Without knowing for sure the specific nature of your crime(s) — which we don’t need to, but you can review (preferably with a lawyer knowledgeable about waivers) to make sure there are no hidden issues that would effect your case — since your crimes were more than 15 years ago that would usually mean you just have to show you have been rehabilitated and that admitting you to the US is not contrary to the safety and security of the country.

I took F-1 to be for student visa… so my earlier link is not relevant . Not sure if I can delete it now. Thanks for clarifying 

 

 

Edited July 23 by Family

[Family 3,988]

You will want to argue rehabilitation , hardship and make strong case why you merit discretion.

But as pointed out by other member , a great many details ( Unkn here) affect your chances. Read through AAO USCIS non precedent decisions as you research

 

https://www.uscis.gov/sites/default/files/err/H2 - Waiver of Inadmissibility - Criminal - 212 (h)/Decisions_Issued_in_2024/JUN052024_01H2212.pdf

[akingdon1975 0]

i had multiple misdemeanor 3 charges for theft by receiving and criminal mischief and theft by unlawful taking. i paid restitution ans finished the 5 year probation sentence 2 years early. i havent had any CMT since. 

[Family 3,988]

2 hours ago, akingdon1975 said:

i had multiple misdemeanor 3 charges for theft by receiving and criminal mischief and theft by unlawful taking. i paid restitution ans finished the 5 year probation sentence 2 years early. i havent had any CMT since. 

Assuming F-1 immigrant visa category, your USC parent is the petitioner. ..then you have a qualifying relative for the waiver ( QR =spouse or parent )

 

So yes, you need to show hardship.

 

https://www.uscis.gov/sites/default/files/err/H2 - Waiver of Inadmissibility - Criminal - 212 (h)/Decisions_Issued_in_2024/MAY212024_01H2212.pdf

 

 

Edited July 24 by Family
Need coffee first, corrected