Please look at this

[daisylynn 0]

This is what dh got from our local police station. We are still waiting for the fingerprint version. But from this, does it look as though he'll need a waiver? And what exactly is the process? Is there a link to it? I haven't had much time to look around in this forum to find anything. Someone from one of the other forums directed me over here.

Thanks!

Tammy

[aidan80 9]

I don't know but.. I'd be 100% ready for the worst, just in case!

Good Luck!

[Carlawarla 1]

I see you haven't had much of a response yet daisylynn. I do know that your SO has a criminal record. I believe assault, is not considered CMT, if it's simple assault. I'm unsure about the threats though. What you will need to do, either way, is get a copy of the police report. I'd further search Crimes of Moral Turpitude on a US goverment website, or even look here in the waiver section for similar cases. From what I know, if do require a waiver, you can bring a completed one with you to the consulate at your interview, since IF it is a crime of moral turpitude, you will be denied a visa, and you'll then submit your waiver.

I've also read, that a lot depends on not what sentence you received in your own country, but what kind of sentence you could have received in the US is what's also used to determine what "type" of assault it was.

Unless someone comes around to answer this more completely you'll have to do some searching here and maybe on the USCIS website.

Sorry I couldn't help more.

Carla

[blueblue 0]

This is what dh got from our local police station. We are still waiting for the fingerprint version. But from this, does it look as though he'll need a waiver? And what exactly is the process? Is there a link to it? I haven't had much time to look around in this forum to find anything. Someone from one of the other forums directed me over here.

Thanks!

Tammy

A cursory look seems to imply he would NOT require a waiver. Here is a link on the CIMT in the FAM http://foia.state.gov/masterdocs/09fam/0940021aN.pdf. Simple assault is not a CIMT.

Generally, you would want to get a copy of the law under which he was convicted. The law he was convicted under is what matters, not the U.S. version of a foreign law. Important parts are the specific features of the law that he was convicted under like intent provisions and especially the maximum penalty allowed, not the penalty received. You may want to pass this by an attorney familiar with the criminal statutes and immigration to be sure.

Since his convictions are over 15 years old, if he had to file a waiver, he can request a waiver without a qualifying relative and only by showing a lower standard - he is not a threat to the safety and security of the U.S. & he has been rehabilitated. (not extreme hardship)

[daisylynn 0]

Thanks so much!

This all is so foreign to me. I am just not understanding all that is involved here.

Carla-I have searched and searched about Moral Turpitude and can't seem to find a for sure answer. I just don't know what to do. It's so frustrating. We haven't been able to find out if those crimes are considered MT or not. And do you know how I get a copy of the police report?

blue-Do you have any idea how I would go about finding a lawyer that would be able to help us figure this out? I don't even know where to start.

If we did have to file a waiver, do we fill it out and take it with us to the interview? I have been trying to read about it, and that's what I concluded. Am I totally wrong? Is there anything else we have to do?

And does anyone know what I fill in on the DS230 where it asks if he has committed crimes of MT? We don't know if it's considered that so how do we answer that? Or how do we find out? And if it is considered that, will they not even look past our packet 3 if he checks yes to MT?

Thank you!!

[blueblue 0]

blue-Do you have any idea how I would go about finding a lawyer that would be able to help us figure this out? I don't even know where to start.

Here is a list to start from: http://immigrate2us.net/forum/showthread.php?t=889 Also, you may want to check out: http://www.sfatty.com/ More generically, www.aila.com has a referral service for AILA members.

If we did have to file a waiver, do we fill it out and take it with us to the interview? I have been trying to read about it, and that's what I concluded. Am I totally wrong? Is there anything else we have to do?

Yes, if you need to file a waiver they will deny the visa at your interview and allow you to file a waiver. From what I remember of other posters who went through Canada, you can file it the same day.

The I-601 waiver itself is a one page form HOWEVER there is much more that needs to be submitted with it. You need to present your argument for why the waiver should be approved and evidence to support your arguments.

And does anyone know what I fill in on the DS230 where it asks if he has committed crimes of MT? We don't know if it's considered that so how do we answer that? Or how do we find out? And if it is considered that, will they not even look past our packet 3 if he checks yes to MT?

After you consult with the attorney you will know for sure if the answer to #30b is Yes or No. I think it is No. You will need to explain that you were arrested and convicted though in #31. Provide copies of your court records and police records, sometimes they ask to send it in before the interview, but either way bring copies with you to the interview.

Thank you!!

[Carlawarla 1]

Thanks so much!

This all is so foreign to me. I am just not understanding all that is involved here.

Carla-I have searched and searched about Moral Turpitude and can't seem to find a for sure answer. I just don't know what to do. It's so frustrating. We haven't been able to find out if those crimes are considered MT or not. And do you know how I get a copy of the police report?

blue-Do you have any idea how I would go about finding a lawyer that would be able to help us figure this out? I don't even know where to start.

If we did have to file a waiver, do we fill it out and take it with us to the interview? I have been trying to read about it, and that's what I concluded. Am I totally wrong? Is there anything else we have to do?

And does anyone know what I fill in on the DS230 where it asks if he has committed crimes of MT? We don't know if it's considered that so how do we answer that? Or how do we find out? And if it is considered that, will they not even look past our packet 3 if he checks yes to MT?

Thank you!!

I'm sorry, I don't know for sure, but you could start by calling the police where the offence occurred. Barring that, I'd suggest going to the courthouse where he was sentenced.

Carla

Take a deeeeeeeeeep breath as well I'm sure you'd get more information, or a better response if you posted this in the Canadian forum. Some really helpful people there don't come here. Maybe just refer to this link under a new topic there.

I'm sure a quick consultation with a lawyer will clear this matter up quickly, and then you can plan ahead.

Please let us know how you make out!

Carla

[daisylynn 0]

blue-Thank you so much for those links!! Also, do you know if they let you know the results of the waiver that same day (if it's needed) or does it take more time to actually process?

Carla-We are definitely going to be contacting a lawyer to see where we all stand with this. We just have no idea and haven't been able to find a concrete answer. I actually started this topic in the Canada forum but was referred over here to get more information about that actual waiver Both places have been so helpful!

[blueblue 0]

Unfortunately, only Mexico will review a waiver the same day and possibly if approved get a visa at that time. Every other office of USCIS takes their time, from average of 3-18 months depending on the office. Canada waivers are actually sent to Vermont Service Center for adjudication and they are on the slow side. I believe they have been averaging about 12 months to get an answer.