(I-130, I-601, and I-212) Questions (Embassy "Investigating" Criminal History)

[Anitafeliz 1,133]

Can you move there?

[Boiler 43,396]

Can you move there?

Presumably the back up plan.

[MrsAwakened 7]

Can you move there?

I already did. We are living together while we wait.

[MrsAwakened 7]

Presumably the back up plan.

Correct! If our effort doesn't work, then I will live there but the hope is to show proof of extreme hardship (plus rehabilitation). I'm ready to send the proof! haha I make a joke that they will want to approve him just to get me to be quiet cause I'll have so much proof!! I'm going to send him to the interview with some proof too.

Edited November 29, 2016 by MrsAwakened

[Boiler 43,396]

Consulates do not handle waivers.

If it works it works if it does not at least you tried.

[MrsAwakened 7]

Consulates do not handle waivers.

If it works it works if it does not at least you tried.

I know But the interviewer can ask what extreme hardship we have right then and there. If someone's extreme hardship is bad enough, it can help. There's a big chance the person will question his life choices also and how he has changed. So I want my husband to bring proof that he has improved (even before he was deported), proof he will be able to have a job, and proof of extreme hardship for me and our family.

Right...I wont give up. I am going to do all I can.

Edited November 29, 2016 by MrsAwakened

[Boiler 43,396]

If any mention is made of hardships it would in the form of general conversation, certainly does not seem to be common as it of no interest to the CO.

[Anitafeliz 1,133]

Then i'm out of ideas other then file and see if by the grace of God gets the waivers.

[MrsAwakened 7]

Well, think about this for a moment...if someone has been deported for crimes, why would anyone normally have a reason to trust that person and make any decision without any proof? No one wants to be blamed for letting a bad person into the US. They specifically asked for his minor record with his adult record. They are definitely going to address his life choices. The second attorney said it's very important to show he has matured and can take responsibility for his decisions. If the interviewer feels he is not taking responsibility and blaming others, it could make the person not believe he has been rehabilitated. Why would anyone just randomly give someone the option to send in the waiver forms if they are irresponsible or a danger to the rest of the US population? That would be crazy and irresponsible too! There is a possibility they will ask him about his record and ask how he's changed. He will mention he has brought the information for the interviewer to review. What if he brought nothing and just said, "Take my word for it!" If I was thr interviewer and he said that to me, I'd laugh internally. hahah I'm just trying to be prepared for anything.

Then i'm out of ideas other then file and see if by the grace of God gets the waivers.

Yesss! Only time will tell! Thanks for the ideas you have given.

[Boiler 43,396]

He is going to know what his Criminal History is.

The Consulate well they need to determine of it is waiverable.

They then allow you to file a waiver but they do not adjudicate it.

Immigrant Waivers are mainly about hardships to the USC, they do not take much into account from the applicant, obviously with things like drugs rehabilitation comes into play.

I would go with Lizz, have you appointed a Lawyer?

[MrsAwakened 7]

Right, I know. The second attorney we talked to explained how it works. I'm just saying if the extreme hardship is extreme enough, it can help. If he can show he has been rehabilitated, that would be cool. It'd be better if he brought it in a folder. I mentioned Liz Cannon in one of my original posts. We hired her just to make sure we had no problems getting his history. I wrote, "The first one (Liz Cannon) saw his criminal history (because I asked her to get it from the court) and she said it looks like he only has 1 conviction for marijuana and if that's true, he shouldn't have been deported. The second lawyer said that even if Immigration did mess up, they could go back and try to re-deport him for his minor record. They both recommended we put in a request for his A-file because no one can decide anything without seeing it. I was ready to pursue these new details but with the possibility of him getting re-deported, I think that's not the right thing to do at this time. So...we're screwed no matter what. We do intend to request his A-file."

Besides those occasions (and a friend from VJ), I've done all of this by myself. At this point, there's no need for a lawyer anyway. The I-601 and I-212 were filled out a long time ago just in case! lol Of course, I plan to look it over several times to make sure it is correct. If something bad does happen, then I will consider a lawyer and Senator (if necessary). We'll see! I emailed the embassy back to ask if we can mail in the 212 to the USCIS. If they say yes, that might be good news haha

Edited November 29, 2016 by MrsAwakened

[MrsAwakened 7]

"You can feel free to begin working on the I-212 process with USCIS."

But I'm not sending an I-212 by itself. I've heard too many bad stories of lone 212's!

Plus, they're trying to be vague and not vague at the same time.

We're not going to pay the giant fee for the I-212 (+ all the certified copies of documents we will need)

and not have him be able to use the I-601. I would hope they wouldn't do something like that but..

expect anything! It all just feels too good to be true because you don't know until they tell you a year+ later.

It gives you a lot of time to think up theories! It's unbelievable! lol It feels like just yesterday,

and a billion years ago at the same time, that we started the I-130 process.

Other people who applied after us for the normal GC process are already done and approved.

Like I said, I wont get my hopes up but I am encouraged!

[Boiler 43,396]

They pointed out for whatever reasons something you can do, does it make any sense, well that is another issue.

[MrsAwakened 7]

They pointed out for whatever reasons something you can do, does it make any sense, well that is another issue.

Pretty much...hahah

I'm hoping "near future" means 30 days.

If not, I hope it's not more than 90 days.

Just need to try to be patient..

[Jawaree 717]

Both waivers would be needed, however an atty doing

an AO may be in order if there are discrepancies re the

charge. Its very strange that one will ne deported recently

& likely receive a waiver B4 three yrs especially with such

crime unless its vacated or a AO proves that the Embassy

is making a mistake re:decision, for former LPR there's no 212(h)

waiver for him, very few get granted.

Both waivers would be needed, however an atty doing

an AO may be in order if there are discrepancies re the

charge. Its very strange that one will ne deported recently

& likely receive a waiver B4 three yrs especially with such

crime unless its vacated or a AO proves that the Embassy

is making a mistake re:decision, for former LPR there's no 212(h)

waiver for him, very few get granted.