QUOTE(JSPink @ Apr 2 2007, 11:18 PM)
Hello again Everyone.... My husband got the I-601 Waiver mailed off to the London Embassy, and we have confirmation that it was received, and Now....the waiting begins...AGAIN....
My first question is... How much weight does an arrest record carry...as apposed to "ACTUAL CONVICTIONS"???
Does anyone know IF the entire file/information that was given at the embassy (on the day of His Interview) go with the Waiver form to DHS?
The consular officer seemed sure that the waiver would be approved, he made the waiver sound more like a formality, just someting that needed to be done for proceedure purposes. Will that be noted in ANYTHING that is sent to the DHS? Such as the consulors opinion on how the Interview went etc...
The thought of this waiver being denied is Horrible!!! Can anyone help on what we do IF it's denied...and where we go from that point? Please Help?
Thanks to anyone that can give us any information...and Good Luck to everyone waiting!!!
1. How much weight anything carries when applying for a waiver is up to the reviewing officer. I can tell you from experience with the London office that the character past and present of the person applying for the waiver is taken into consideration. But the answer is entirely based on the opinion of the person that reviews your package. They are given great leeway in making their decisions.
2. No your entire file does not go to DHS, although most of it is in the computer and they can look it up.
3. The consular officer told my fiancee that she would just have to wait a bit more for her visa until DHS got it back to them, indicating that she saw no problem with it. We were denied.
4. Each case is separate and taken on its own merit. If in the opinion of the reveiwing officer your husband has not shown he is of good moral character they can and will deny it. There are no rules for this decision, it is completely at the whim of the reviewing officer.
5. If denied you can file a motion to reconsider, to do so you must find mistake of fact or mistake of law in the denial letter. This is not easy to do, and again the office at the embassy can just decide not to reconsider the case. If they do open it they have another 120 days to get an answer to you
6. You can appeal the decision, currently appeals take from 10 to 18 months. The appeal goes back to the US and is decided on there. You can request a personal hearing for the appeal but the wait is up to 2 years for that. Very few cases are ever overtuned this way.
Sorry i cant give you any good news. Hopefully you retained a lawyer to do your waiver. I dont know the circumstances behind the arrests and even if i did I couldnt tell you (and neither can anyone else) what your chances are, but i can tell you there is no reasoning behind their decisions and it is a crap shoot on whether you get approval or not.