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Good afternoon, I am new to the visa journey.

I have a question am hoping could be answered in this forum.. I was arrested in the US for 2nd degree assault, I went to court n took a plea deal which is 4th degree assaults motivated by bias. I received a stay of adjudication n was placed on unsupervised probation for 364 days. Eventually on the day I was supposed to be released from jail ICE came n took me to a detention center for removal. I didn't want to fight this whole immigration thing because I had no knowledge of what to do...so I just waived my rights from relief of removal. I was initially removed from the US back to Jamaica that was in 2009. Now its 2015 n I am engage to my american girlfriend of 1 year n 4 months. Do u think my crime fall within the petty offense act? I was arrested in Minnesota. And according to Minnesota statute the maximum penalty for that crime is one year. Also to fall under the petty offense act the maximum penalty for the crime should be One yr or less and should be only one cimt also u shouldn't receive a sentence of more than 6 months.

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Welcome to the forum.


Completed: K1/K2 (271 days) - AOS/EAD/AP (134 days) - ROC (279 days)

> Almost 2 years of our lives involved with the USCIS/DOS "shuffle" & worth every second of it ! <

"Si vis amari, ama" - Seneca

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:idea: Read more, post less.... Google can be your friend ! :idea:

Prior apologies if I can explain it to you, but I can't understand it for you.

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*** Thread moved from Introducing Our Members forum to the Waivers/AP forum -- topic fits that theme. ***


06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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Yes there is hope. seen that you were short a day on sentencing to a yr and

your state law would give you only a yr.

To Do

She should get a waiver atty

You must have all court documents to take to consular interview/disposition

Be honest on all forms , they already got your info

At consulate if you qualify for I601 & I212 they will issue you a 221G to send waivers to Neb

After marriage she comes back and file your petition

when NVC sends it to the consulate after approval

she then hires a waiver atty to deal with the CIMT

each waiver is $585 (I think) Time & funds are involved

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Thank You Jawaree....its good to know there is hope for us.

She already sent in our K1 visa petition in February of this year. So we are in the batch of February 2015 filers. Based on my offence n since it falls within the petty exception rule, do you think our petition might be denied?

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OK my bad, you are K1, well make sure you have your disposition for the interview

OP take it one day at a time , its a process & it wont get speeded up, try focus

on other things in the mean time ,pray to get a 221G at the interview, that's a start

dude...yrs from bow you will look back & cant believe you weathered the storm...stay positive

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