What should I do now

[celticpa 2]

Hi I am not sure how to start a new thread and I'm sorry if this is messing this one up.
I am 36 and went for my green card interview last October in Dublin. I was refused on the grounds of a conviction for Larceny/damaging a property 22/9/1999 but which happened when I was 17 and conviction for criminal mischief with intent which isnt worded on any of my court papers but now they seem to be saying its for an assault in 2001, the larceny/damage to property was basically I broke the window in my neighbours car and stole a VCR, I called to the neighbour the next day and returned the VCR but the cops were already involved and the fight was just a silly thing between drunk friends one night and no one was hurt. Now I am not trying to make light of the two convictions but the 1999 Larceny/damaging a property case was discharged conditionally on my entering a recognizance and paying a 100 pound fine. The assault which my lawyers say could be argued isnt CIMT was a Section 2 of the Non-Fatal Offences Against the Person Act, 1997 in irish law and the out come was 6 months suspended Sentence, This assault was with another guy my age, we had a fight and the garda (cops) came and arrested me, the guy (who is a friend) wasnt in anyway hurt when this happened.  

My lawyer tried to get the embassy in Dublin to relook at the case arguing I should not be deemed inadmissible under 3 arguments:
-Under 18 years when crimes committed
-Petty Offence Exception
-Juvenile delinquency interpretation

They wouldn't have any of it and now I can only apply for a waiver, the only thing is my mother who has us citizenship for the last 20 years and lives in Boston isn't in any way sick of financially in need of me being there and so it would be hard for me to show extreme hardship on her part. My lawyer is saying the only way to try is for my mother to see a therapist for her depression and get a report to send with my waiver. I just would like to know has anyone heard of this being used successfully and if anyone would have any kind of info on this.

all this stuff happened nearly 15-20 years ago now. I've lived in Australia for two years and London and have never been in any trouble as well as spending many 3 month holidays in the usa at my mothers without anything.

I just don't have loads of money and really only have one chance of doing this, I have to help out my family on my father's side in Ireland as he is unable to work now.

I really just need some info on if it is worth trying for this waiver or if I should just give up on this and use the money to get a waiver which is easier to get so I can have holiday visas and still visit my mother in the usa like I did before. But one lawyer said she didnt think I would even get this now because I went for an immigrant visa while another lawyer said I could get this holiday waiver. Its just so hard to know what to do, if anyone has any advice on this it would be great as I am just not sure what to do now.

[Coco8 1,039]

How old is your mom? Is she alone in the US or is she married? Any kids in the US?

[celticpa 2]

Hi thanks for the reply.

My mum is 62 now and I am her only child.

She hasn't ever remarried and lives with her friend who she knows from Ireland and went to school with in Ireland.

She works part-time minding a child for the same family the last 5 years.

She has a boyfriend in Boston but thats about it. 

[Coco8 1,039]

I know of married people on VJ that got waivers. Even people who had been illegally in the US get waivers, or some that have committed more serious crimes.

 

You are her relative. You deserve the waiver because because the "crime" was almost 20 years ago and it was something minor. 

 

Then, in terms of hardship, the fact that she has no relatives in the US matters, that is a good thing. She has lives in the US for a long time so she has more ties to the US than to Ireland in terms of friends, another positive (so it si not like she can move to Ireland). She should go to the doctor, like your lawyer said. Another issue is whether she needs financial support in terms that you could work and support her. 

 

Anyway, a lawyer should help you with the waiver.

Edited July 23, 2017 by Coco8

[celticpa 2]

Yes I too have heard of people getting waivers but they say you'll get it faster being in the US then being outside, not sure how true that is but I could see it being that way. 

 

I guess all I can do is try, I don't really have much options, others here say I won't ever get the waiver where I could just keep visiting once a year like I always did before. So without going for this green card waiver I'll never get back to America in anyway now.

 

the lawyer said that even with the crimes being small really that it's the wording that they can stop me on. I really didn't think it would turn out this way but then me and my mother done all the paperwork ourselves, so didn't see this coming. 

[Jawaree 717]

Well if this is juvi charges, you managed to get into AU how come the CO

did not issue you a 221G to file waiver, is it because background checks

showed them you been sneaking into the US with ESTA

[celticpa 2]

On 7/25/2017 at 10:17 PM, Jawaree said:

Well if this is juvi charges, you managed to get into AU how come the CO

did not issue you a 221G to file waiver, is it because background checks

showed them you been sneaking into the US with ESTA

Australia has harder immigration policies then the USA or are meant to anyway and I was given a year visa which I was able to extend for another year when I was in Australia and they knew of my younger court appearances. 

 

Im not sure you are right about the 221G, I was refused on larceny and criminal intent as stated on my refusal letter after the green card interview, was given a I601 along with my refusal letter to apply for a waiver for my convictions of larceny and criminal intent which if I get this waiver I'll be given my green card. 

 

Nothing has ever been said about not disclosing convictions on past esta's. 

 

I cant see them telling me to apply for a waiver (on my larceny and criminal intent) to get my green card and then after that bring up about past disclosures. 

 

As I said I've talked to a number of lawyers and all have said if that was that issue then it would have been brought up and said in my refusal letter. 

 

What i I need to slow is hardship to my mother to get my green card, now if I fail in this then applying for a waiver to get a non immigrant visa that is when they could very easily bring up about past times that I entered without disclosing stuff. 

[celticpa 2]

That's the thing I was 17 when the larceny happened but they are saying because I was tried in a local district court that I was seen as a adult but in Ireland we don't have juvenile courts. If you look up about CMITs it will say that a incident for someone under 18 will not be used. The actual case was discharged conditionality which is the lowest thing a court can give. At the end of the day it's a crime but you look up on places like this and others and there are people who have done a lot worse then mine, I drunkenly took something from the man who lives next door all my life and who I am very close with and who I went to the very next day and told him about it but it was to late and the cops were already involved even though he tried to let it off and the assault which was to friends having a roll around and argument and where no one was even hit or hurt in anyway. I know they still are a crime and that it's the law but when you look up here for some of the stuff it's nothing compared to most things. 

 

I understand and get that the law is the law it's just hard to take that my hope for a new life almost 20 years on is gone over this and also the fact that I can't even continue to visit my mother who is now getting on in years all over to very silly things from 20 years ago. 

 

But as I said I done wrong and this is what happens, America is a great country.  

[MaryLu19 10]

Get a good lawyer who does waivers and who has a high approval rate for waivers. When it comes to waivers each case is unique, and circumstances vary significantly from case to case, sometimes a good lawyer can find a small detail  that might make quite an impact on your case. I think is worth trying.

[celticpa 2]

17 hours ago, MaryLu19 said:

Get a good lawyer who does waivers and who has a high approval rate for waivers. When it comes to waivers each case is unique, and circumstances vary significantly from case to case, sometimes a good lawyer can find a small detail  that might make quite an impact on your case. I think is worth trying.

Hi yes I think the lawyer I am with now basically only works on waivers and I have looked up on places like here and others and she has a good name and people only say good things about her. 

 

There is a lot of background to this and my mother was through a lot in the past with trying to keep custody of me and with my parents separation which to put it nicely was very crazy. 

 

Hopefully something might come of it yet. 

 

 

[Boiler 43,434]

Most Lawyers are not familiar with waivers, a bit of a speciality. Mostly a question of presentation.

 

I take it you misused the VWP, an avenue now obviously closed, I would assume that the I 601 would need to address the misrep as well as the criminality.

[celticpa 2]

4 minutes ago, Boiler said:

Most Lawyers are not familiar with waivers, a bit of a speciality. Mostly a question of presentation.

 

I take it you misused the VWP, an avenue now obviously closed, I would assume that the I 601 would need to address the misrep as well as the criminality.

The two lawyers I use are both US immigration lawyers and one specialises in I601. 

 

A few days after I got my refusal letter I got a email saying my ESTA had been removed. 

 

I was in in contact with the Dublin embassy where I had my interview and they said I need the apply for a waiver for the things I have been refused my green card as stated on my refusal letter. 

 

They nor anyone else have said I need to address the past entires. 

 

The lawyers said I just need to get a waiver on what's stated on my refusal letter. 

 

But maybe you are right maybe maybe they will bring it up after, I'm not sure now, maybe going for the waiver is no good if then they bring up that stuff. 

 

 

[Boiler 43,434]

I am assuming you forgot to mention your criminal past when applying for ESTA.

 

Most Immigration Lawyers have limited involvement with waivers, it is a speciality.

[celticpa 2]

1 hour ago, Boiler said:

I am assuming you forgot to mention your criminal past when applying for ESTA.

 

Most Immigration Lawyers have limited involvement with waivers, it is a speciality.

Yes I think I've said that now on 3 or 4 past posts that I did.

 

And as I said one lawyer is specialised in I601 (waiver). 

 

All i I can do at this stage is try and see what god has in store for me. 

 

Thanks for for replies and you're time it all helps 

[Jawaree 717]

Get a ree phone consult with Lizz Cannon

Some ppl have had an approved I 601 &

going back to the embassy, they are told

wait another I 601 is needed for non-disclosure

of so & so , then thats another 6-8 mths wait

on new waiver... a few have this in Juarez