Hey everyone,
Just a question. What are the 2 hardship letters for. I know 1 is to outline your hardships but why a 2nd one
what goes into it.

Also what kind of assaults constitute a CIMT.

Thanks Guy's

I found this on the web-if you look in this forum on page 5.................I posted something about CIMT-hope this helps(can't figure out to put up the link for you )



found this: according to this-fighting is NOT a crime of moral turpitude-maybe this will help others

It has been held that the following offenses are crimes involving moral turpitude:
• Fraud or false pretenses in obtaining something of value
• Larceny or a misdemeanor theft by taking
• Larceny after trust
• Murder
• Soliciting for prostitutes
• Voluntary manslaughter
• Sale of narcotics or other illegal drugs
• Pattern of failure to file federal tax returns in years in which taxes are due
• Criminal Issuance of a bad check
• Making a false report of a crime

The following have been held to be offenses which are NOT crimes involving moral turpitude:
• Public drunkenness
• Driving under the influence
• Carrying a concealed weapon
• Unlawful sale of liquor
• Fighting
• Simple Battery
• Simple Assault
• Misdemeanor criminal trespass
• Child abandonment
• Misdemeanor offense of escape
• Misdemeanor offense of obstructing a law enforcement officer
• The federal misdemeanor offense of Conspiracy in Restraint of Interstate Trade and Commerce
• Possession of less than one ounce of marijuana

One is from your partner showing the hardships to her if you are not allowed to join her and the other is from you, as far as I am aware. I am sure someone will correct me if I am wrong

I was wondering the same thing-thanks

so when filing a I-601................Gav & I would both have to write letters-right? I think I am going to prepare one just in case

Yes you will both write a letter. What we were advised to do was to use My (USC) as the main letter listing all the harships and the evidence giving all the details. The letter from the non USC is basically a repeat of the other letter with less detail. It was more relaxed and we used it to give more details involving the reason for the denial and rehabilitation. Our waiver is pending so I'm not positive it worked but that was what were were advised to do. Never have heard why London required a letter from both but they do and if you don't submit one they will delay your filing until you do.

Also If the USC does not put details in their letter of why the non USC was denied. You might want to include a letter from the USC stating what the rejection was for and that they are fully aware of the reason for the denial. It was requested from other people who have filed a I-601 through London.


Baileyj


This is the part I think will apply to you.


Multiple criminal convictions.-Any alien convicted of 2 or more offenses (other than purely political offenses), regardless of whether the conviction was in a single trial or whether the offenses arose from a single scheme of misconduct and regardless of whether the offenses involved moral turpitude, for which the aggregate sentences to confinement 2/ were 5 years or more is inadmissible.


Baileyj

You might want to take a look here: http://www.immigrate2us.net/forum/portal.php Most people here are filing I-601 for various reasons. This is a very valuable site for information about waivers.

Thanks-I have been on that site several times....................the problem is-I don't know if we will need to file a waiver, so I think unfortunately-I will have to wait & see what happens at the interview. There seems to be conflicting opinions about wether he will need to file one or not. I may start writing one to show hardship(which I have to admit will be VERY difficult) just to be somewhat prepared if we do need to submit one.


Thanks everyone

ok according to the other post he WILL have to file-I have to double check with him-maybe it was only one for drunk & disorderly and one for litter-does it matter if he WASN"T convicted of anything? It seems pretty ridiculous that he would need a waiver for litter.

So Baileyj

My convictions had a total combine possible sentence of 4 years. So what that statement says is that I wont need a waiver. Is that right? Or at least there is a good possibility I wont. I dont know how to interperate it correctly.

thanks mate
wait for your response

nathmc31,

I want to apologize. I just now remembered that you were from Australia and not London. Think I got you confused with Irishgirls post. I'm not sure that they require two hardship letters. London is the only one that I know of that required a hardship letter from both the USC and non USC. Sorry for the confusion. Didn't want to mis inform you.

As far as the amount of time on the convictions, I'm not positive at the moment. I'll check when I get home from work, but I believe that both of my fiance's sentences were under 2 years but he was still required to file the waiver because of the multiple convictions. I'll try to look that up tonight for you to be sure and I'll send you a note. I know the law is hard to interpret. I've tried to do that for over a year now. lol


Just trying to help you out

Bailey.........Vicky

Let's not forget about Liam... they didn't require him to file a waiver because his offenses were quite minor, and then he was turned back a the POE and had to go back to the Embassy to straighten out that mess. He ended up having to file a waiver after all... alot of time was wasted and by then he had sold everything, quit his job etc. His fiance was waiting for him. It was a terrible situation/

mary

I was never advised/told to file 2 hardshipletter, since I had my DFC in Copenhagen/Denmark, but it sounds like it's a requirement from the London embassy... and now my waiver is being adjudicated in London

The good thing is that in the USC hardshipletter he did write why I had to file a I-601 and I also wrote a personal, more emotional letter and added that too. Do you guys think that was enough??

Seriously, I was NEVER EVER told to write 2 hardshipletters, I only found out after reading around in VJ.... oy

I got help with my hardshipletter from Immigrate2Us and the ones that are submitting I-601's in Mexico and other countries, they only wrote 1 letter too.

Is the 2 hardshipletter letter standard only for London???

I do rememeber their story-I actually e-mailed him not too long ago(horrible thing that happened to him).

I will do my best to get the paperwork together in case he needs the I-601, but I really hope that his very minor offenses will not be that big of a deal. If he DOES require a waiver-hopefully they will tell him so at the interview at not at the POE.It is very hard getting paperwork together not knowing if he will need to file or not

Yeah Mary I kind of forgot about that. I guess I might want to keep my mouth shut when it comes to what I think. You try to help out and give someone your opinion and if your wrong you feel bad. It's kind of your &^%&^% if you do and &^&*^ it you don't.


Baileyj

None of us here are claiming to be experts-just sharing experiences. I appreciate everyone's help

Guess everyone's case is different. I will try to prepare for a waiver although I am praying that won't won't be needed. You guys rock Hey Vicky-don't keep your mouth shut-we all need eachother here

no.. don't keep your mouth shut.... we just have to realize that anything can happen with this process. don't take anything for granted. i just wish this process hadn't beaten me up so badly because right now i am having a very difficult time doing what needs to be done to get me back to the UK. every time I start to work on my fiancee application my stomach goes into knots. starting all over again at square one is no fun at all.

mary

Ok so since gav has two drunk & disorderly charges-should he write some sort of letter explaining them? I hate that on ds156 you have to check the box where it says "have you ever been arrested, charged for any offense or crime?" I mean litter compared to prostitution/distributing a controlled substance?

I assume that they will give him a chance to explain the charges-right?

Hey guys I wasn't trying to be snotty when I said I would just keep my mouth shut. It's just so hard to try to help someone out and give them information. I would never intentionally give someone false information and I would hate it if I misled someone. Like Mary said this part of the process is so impossible to explain and so different for each person. . It's not cut and dry and different in so many ways. What is required of one person isn't always the same case for another (same goes for each embassy). There are so many different ways to interpret each and every thing. All anyone can do to try to help is to share what has happened to them during this process. It's so hard to answer someone who ask....."will I need a waiver" All you can do is give your opinion and hope you can help them decide what will be best for themselves.

Irishgirl. I think they will review all his paperwork. Check the police report and then probably ask him a few questions about it. Oh poop and I was going to keep my mouth shut.


Good luck guys and girls.
Baileyj........vicky

Hi everyone,

well the topic still rages on......

All advice from previous posters is EXTREMELY valuable as we all know, but like Vicky said it may be mis-interpreted by others as it is not particularly releven to them. A perfect example is when discussing nathmc31's case, he'll be going through Sydney, and therefore will he need two hardship letters or not??...............the answer being we don't know unless he talks to someone who has gone through there.

But as Vicky and I have have both said before, as far as we are aware London is the only Embassy we know of that requires TWO hardship letters.

As far as getting in to that clause on multiple convictions and the term of confinement.............. I would be very careful in relying on something like this. I was naive enough to think that this clause would also mean that I wouldn't have to file a waiver..........but when it comes down to it, the judgement lies with the immigration officer behind the glass screen in the embassy......... and my guy (who was very nice by the way, very helpful when you've been waiting in the embassy for 5 hours to be seen!) clearly stated THAT CONVICTIONS OF MORE THAN ONE CONSTITUTED A WAIVER, now he did also mention that my earlier crime constituted CIMT, so maybe it was a combination of both.... who knows?

what I'm trying to say is it's down to this officer, and whoever interviewed poor liam was a complete d#ck!! because there is no way they should have ok'd him, only to have him go through the hell of being sent back from Dublin POE. I guess they realised they'd made a huge mistake by fast tracking his I-601 to the top of the pile.

Irish girl, once again (I think, and it's only my personal opinion) that you won't need one, as the crimes do sound very minor indeed (I mean littering!!! come on!), but some officer may turn round and say "multiple convictions.............waiver needed", who knows???........... but if you don't want to add on a month to your waiting time (if you need to file) then prepare a waiver.

The waiver itself is just a simple form to fill in, and then you need to include your hardship letter, stating why the USC cannot live in the foreign fiance's country. As previously said London specifically requires that the USC RECOGNISES the reasons for why the waiver needs to be filed, therefore you need to state it, but that's London (not Sydney). Of course it must be very daunting to try and write reasons when you are both perfectly healthy and have no kids together, but in this case look at the examples post in immigrate2us.net, they even give examples of waivers that WERE NOT successful...

so there is help out there for both of you, it's really up to you though to decide whether you want to have a waiver prepared or not!

sorry for rambling, only trying to help.........our waiver was succesful (thank god) as I'm sure Tiff's, Beetee's and Vicky's will be

keeping my fingers crossed for all of you

Thanks Vicky & Paul


I am going to write a hardship letter just in case(as I mentioned before-we have had the WORST luck so I would like to be prepared just in case). I hope that even though we had to "check" that he was arrested-they realize that he is not a prostitute or a drug dealer


you guys are the best-thanks for sharing!

Colleen