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Getting a holiday waiver afterbeing denied a green card and made inadmissable

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Filed: F-1 Visa Country: Ireland
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Hi can anyone help me.

I was deemed inadmissible to the USA after I went for my green card interview last year for two things which happened nearly 20 years ago now when I was 17 (larceny) basically took something from a neighbours car and when I was 20 (Assult) had a fight with a friend and got arrested. I've never been to jail or anything like that.

I do not think I have a hope of getting a waiver to get my green card as I cant show extreme hardship to my mother.

 I just want to know if anyone knows if I could get a waiver to be able to get a holiday visa and still visit my mother in the USA like I did before. I know there are such waivers but one lawyer I talked to said she didn't 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. Is it posable to get a waiver to go on holidays or would it be too hard to get now that I was refused a green card?

 

Anyone with info or help on this would be greatly appreciated

 

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Filed: Citizen (apr) Country: Ireland
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It's hard to get tourist visa waivers, but in your case, I think you may have a chance as your convictions were so long ago.  The problem will  be getting a visa in itself, because you have shown clear immigrant intent by applying for a greencard visa  Still, it is worth giving it a shot, if you have the money to apply- all they can say is no.

Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

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Filed: Citizen (apr) Country: Taiwan
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I am certainly no expert, but I highly doubt you will get a tourist visa since you have shown intent to immigrate.  I'm not sure you can "put the genie back in the bottle" now.  Your best bet might be to try to get those convictions wavered with the help of an attorney and another petition for a green card......just my 2 cents.

 

But Like Penguin said.....maybe you can get a tourist visa.....

Edited by missileman

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Filed: F-1 Visa Country: Ireland
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Well before I had my interview I had been to America maybe 10 times or more over the years but I know now that after the interview that will not really matter as a way of showing I don't intend staying. 

 

I have a full full time job and still own a house in Ireland so that might help but it will cost me 4500 to get a lawyer to do my waiver for me, it might not be a lot to some but as things are it's a good bit of money as I also have to help my family on my fathers side in Ireland now that my father is unable to work and they still are paying a mortgage. 

 

By the sounds of it I wouldn't have a great chance. Seems I won't even be able to go seen my mother in the states which is sad as she heads into her older years. 

 

But I guess you pay for the silly things you do in life and maybe rightly so. Just with it all being from my childhood and late teens that after so long you would be able to get a chance again 

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Filed: F-1 Visa Country: Ireland
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51 minutes ago, missileman said:

I am certainly no expert, but I highly doubt you will get a tourist visa since you have shown intent to immigrate.  I'm not sure you can "put the genie back in the bottle" now.  Your best bet might be to try to get those convictions wavered with the help of an attorney and another petition for a green card......just my 2 cents.

 

But Like Penguin said.....maybe you can get a tourist visa.....

I was told the only way to get them waivered is to try get my green card with a extreme hardship waiver for my mother, but luckily she isn't in anyway sick or in financial hardship for me to get that waiver. 

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Filed: FB-4 Visa Country: Austria
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Couple of things to note:

 

For NIV waiver, you don't need to have a lawyer. If at the time of visa interview, the CO determines you're eligible to get visa, they will recommend you for non-immigrant waiver and send your case themselves.

 

Second, for IV, extreme hardship is not the only way to get permanent waiver. You can apply for IV waiver based on the fact that at least 15 years have passed by since the last conviction and there has not been any further blots on your record, plus a strong showing of rehab. That would be 212(h)1(A) Waiver. While 212(h)1(B) Waiver is for extreme hardship path.

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Filed: F-1 Visa Country: Ireland
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Thank you for taking the time to reply it all helps.

 

Sadly I got a DUI in 2009 just before I moved to Australia. Stupidity went to drop my then girlfriend home at 3am after 3 beers and was only just over but over all the same so I'm not sure the 15 years waiver would work. 

 

I heard you can apply for the non immigrant waiver yourself alright after getting refused a holiday visa at the interview but most people here say I wouldn't have much hope of getting it after trying for a green card before it and being refused that that they think I'll go, hide and never come back.

 

I mean even if I could still visit my mother once a year for a month or few weeks like or I've always done all this wouldn't be so bad, it's hard to take the fact that I can never seemingly go to the USA now after getting refused the green card. 

 

At the the end of the day being young or not I did what I did and you pay for your sins. 

 

I always remember my dad my dad saying it's when you are older you'll realise how silly I was, it's so true, young and dumb and now I am paying  

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Filed: Citizen (apr) Country: Nigeria
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 You talk about "how you always used to go to the US "    Did you disclose your prior convictions on you visa/esta application back then ?

This will not be over quickly. You will not enjoy this.

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Filed: F-1 Visa Country: Ireland
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26 minutes ago, NigeriaorBust said:

 You talk about "how you always used to go to the US "    Did you disclose your prior convictions on you visa/esta application back then ?

No never, I have heard of people with a lot more serious convictions going to America, I know of people who have spent years in jail for IRA membership and gun running who have been to America many times. 

 

But you are right its something that should have been done. 

 

I dont think most people that have never been to jail or involved in a very serious crime do tell them to be honest. Not saying that's right but I think it's how it is for sure.  

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Filed: Citizen (apr) Country: Nigeria
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  But your problem will be that you "lied" on your prior entries.    Now they will look at the visa denials and the fact your have benefited by lying on your prior visits and may in fact declare you permanently ineligible for a visa.  It seems all 3 of your past run ins with the law may have involved CMIT type offenses.

This will not be over quickly. You will not enjoy this.

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Filed: F-1 Visa Country: Ireland
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8 minutes ago, NigeriaorBust said:

  But your problem will be that you "lied" on your prior entries.    Now they will look at the visa denials and the fact your have benefited by lying on your prior visits and may in fact declare you permanently ineligible for a visa.  It seems all 3 of your past run ins with the law may have involved CMIT type offenses.

I don't think DUI is seen as anything or as a CMIT. 

 

When i I had my interview the only thing that was talked about was the larceny from when I was 17. 

 

All the lawyers I have talk to have said it's the larceny being worded on my court sheet that they have homed in on, in fact they all say that the "criminal intent" which was also used on my refusal letter and that was not on any of my court sheets but which they are now saying was the assault, which we only found out after my lawyer sent a letter asking about my being under 18 and asking about what the intent meant. Only then did they explain it was the assault.  Which even on my Irish court sheets say minor assault. The two lawyer say they can argue that even this wouldn't be considered a CMIT. 

 

Look at the end of the day I did wrong and I can't say anything other, I just wish I could still be able to go see my mother like I always did, not ever get to live in the USA but still be able to see my mother who I didn't really know for a long period of my life and who is getting on in years. 

 

But as i say, I did wrong and this is what happens 

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Filed: Citizen (apr) Country: Brazil
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CIMT - Crimes involving moral turpitude. Larceny and assault can be considered CIMTs.

 

You need to disclose all arrests, convictions, etc with every visa application. Failing to do so is considered a material misrepresentation.

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Filed: F-1 Visa Country: Ireland
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I agree it should have been done but I don't think that is problem I will have, I've asked the lawyers about this. Between them they have never had this come up, I am inadmissible over what is stated on my refusal latter from the interview, I have to apply for a waiver for what is only stated on my refusal letter which is larceny and criminal intent. If they stated on my refusal letter about not disclosing on my other visas I (which by right they should have) was inadmissible over that I would need to put that in my waiver as well. I see where you are coming from but I've asked about this and it's not what I need to deal with right now.

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You should probably wait until 15 years have passed (so 2023?) and stay out of trouble. Your mother can petition you now as you're over 21 it will be a while to get visa number available and by that time you should be fine with the hardship waiver. 

ROC 2009
Naturalization 2010

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