Austin96

No problem. I had established eligibility for consideration of the rehabilitation waiver under subsection 212(h)(1)(A) (15 years) , therefore saw no purpose in also addressing eligibility criteria (hardship) under 212(h)(1)(B). As your fiancée is at year 7 since the conviction, she is only eligible to apply under the latter. If you need further advise join the i601 waiver support group 2021 and beyond via Facebook. There are some good recommendation for lawyers that just specialize in I601 and are not that expensive.

You are absolutely correct in your assumption. Theft is regarded a CIMIT. Additional, the law and the sentencing guidelines of the country where the offence was committed would apply, insofar as the I601 waiver application is concerned. Hence your fiancée would not be eligible for the petty offence exemption. Your fiancée's circumstance are very similar to mine (based in the UK). I was the beneficiary of the K1 visa, attended the visa interview here at the Embassy in London. K1 visa was denied on the grounds my theft conviction was a CIMIT. Was advised to apply for I601- waiver, which has just been approved after waiting almost two and half years. Just so you are aware, I filled out and submitted the I601 waiver application by myself and without a lawyer as I was quoted £5000 by a lawyer. Hope this helps.

I would say the Rehabilitation route may be slightly an easier route than demonstrating extreme hardship on the proviso that the conviction (CIMIT) is over 15 years. In order to demonstrate Rehabilitation, the following factors would be necessary i.e. no further criminal convictions, steady employment, demonstrate that the individual has volunteered in the community/church etc, character letters from family and friends acknowledging that they are aware of the individuals conviction as well as stating that the individual in their opinion is now trustworthy, hard working, dependable, honest and in their opinion is rehabilitated etc. Additional letters from the volunteering organization/ employer etc would also support rehabilitation. In addition the individual is also required to provide a personal statement explaining the events that led to the conviction and in doing show also show great remorse and ask for forgiveness. Additional factors towards showing rehabilitation may also include but are not limited to any non immigrant waivers that may have been approved, any trips to the USA and returning back to home country in a timely manner under the visa/waiver conditions etc. Hope this helps