Did any one do a 212 waiver in london and if so how long did it take to get it approved? Our lawyer says that she is not sure if my hubby will need one because he was excluded or refused when he tried to come visit me on his VWP. They stamped on his passport 212 with intent to inmigrate. So we have been adivsed to have a waiver ready in cause they tell him at the interview that he needs one. Many people here have suggested that he wont need it. I hope that is not the case.

Also what is the 601 waiver for? Do you have to file waivers if you have 2 convictions on your police record from 15 yeas ago?

London waivers typically take 4-6 months.

212 Waiver - for Persons who wish to enter the United States legally after being deported, removed or who have voluntarily departed the U.S. without an order of deportation may reapply for admission to the United States, if they meet certain qualification

601 Waiver - for an alien who is ineligible to enter the United States to apply for a waiver of excludability - for things like overstay, illegal presence or crimes of moral torpitude

http://www.travel.state.gov/visa/frvi/inel...ities_1364.html
Classes of Aliens Ineligible for Visas or Admission.-Except as otherwise provided in this Act, aliens who are inadmissible under the following paragraphs are ineligible to receive visas and ineligible to be admitted to the United States:

(2) Criminal and related grounds.-

(A) Conviction of certain crimes.-

(i) In general.-Except as provided in clause (ii), any alien convicted of, or who admits having committed, or who admits committing acts which constitute the essential elements of-

(I) a crime involving moral turpitude (other than a purely political offense or an attempt or conspiracy to commit such a crime), or

(II) a violation of (or a conspiracy or attempt to violate) any law or regulation of a State, the United States, or a foreign country relating to a controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)), is inadmissible.

(ii) Exception.-Clause (i)(I) shall not apply to an alien who committed only one crime if-

(I) the crime was committed when the alien was under 18 years of age, and the crime was committed (and the alien released from any confinement to a prison or correctional institution imposed for the crime) more than 5 years before the date of application for a visa or other documentation and the date of application for admission to the United States, or

(II) the maximum penalty possible for the crime of which the alien was convicted (or which the alien admits having committed or of which the acts that the alien admits having committed constituted the essential elements) did not exceed imprisonment for one year and, if the alien was convicted of such crime, the alien was not sentenced to a term of imprisonment in excess of 6 months (regardless of the extent to which the sentence was ultimately executed).

B 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.

Depending on his situation, he may need to file both the 212 and 601 waiver for which you need to prove extreme hardship to you, the USC, if his multiple criminal convictions fall into this section of ineligibility. I would think your lawyer could clarify this for you as well as prepare your hardship letter and evidence.

There are several people that can help you here...............the I-212(I believe) is for people who are removed from the US-not denied entry-but I could be wrong. My man was refused but nothing was stamped in his passport-a lot of people are denied entry because the CBP officers feel that they will remain in the US.

My man has two convictions as well-he is now getting the court transcript to show the details of the convictions(they are for drunk & disorderly conduct-one was thrown out completely). Some feel he will need a waiver, I am hoping that he won't because technically it will only be one conviction & it is NOT a crime of moral torpitude. People here might suggest that you prepare a waiver just in case-see what responses you get!

Colleen

Paul C seems to know a lot about this subject

wait to see what he advises

The dip sticks,

I remember hearing about your partner's ordeal at the hands of the immigration officers, it sounded terrible and my heart goes out to you both.....

However, if you're hubby does have more than one conviction on his record the chances are you will need to submit a waiver (I guess it would be a 212 because he was removed?).....

I take it that your husband (have I got that right?) or partner? is intending to apply for a visa now in the UK to be back with you????

I don't remember your story completely...........

Dipsticks, check with your lawyer to be 100% sure. The 601 waiver is for the inadmissability based on the criminal convictions. The 212 waiver is for the removal.