I-601 Waiver

[Oguntise 0]

Is it a must for all who have criminal record in the US to file for I-601 before they can get visa?

[Penguin_ie 5,984]

No, it depends on the crime.

[Oguntise 0]

Please anyone with this kind of experience or with information can help.

[Californiansunset 332]

It depends on the crime and whether it can fall under the petty crime exception. In order for others to be able to help you here you need to specify your situation

Also what of visa are you applying for. With some you have to first get a denial in order to file a 601 waiver, others you can immediately submit with your application (AOS).

Edited December 3, 2016 by Californiansunset

[Penguin_ie 5,984]

We can't help you, or give you more information, unless you tell us more about what you want to know:

- What is the crime?

- Has the person been convicted?

- What visa is being applied for?

[TBoneTX 43,040]

Welcome to the forum. Being specific helps.

[Pitaya 2,576]

Welcome to the forum.

[Oguntise 0]

I must say this platform is somehow difficult to navigate. Anyway, I went for my interview today and the CO didn't even ask me to file a waiver. Instead after several questions about me and my wife and the place I have lived before, she gave me a paper and said that is the best I can do for you today. In the sheet, it's written: This office regrets to inform you that it is unable to issue a visa to you because you have been found ineligible to receive a visa under the following sections of the immigration and nationality act. The information contained in the paragraphs marked x pertain to your visa application. Section 221g which prohibit the issuance of a visa to anyone whose applications doesn't comply......The following remarks apply in your case. Please submit x, y and z. Please what is this all about. She said I can't contact them until 60days

[Californiansunset 332]

I must say this platform is somehow difficult to navigate. Anyway, I went for my interview today and the CO didn't even ask me to file a waiver. Instead after several questions about me and my wife and the place I have lived before, she gave me a paper and said that is the best I can do for you today. In the sheet, it's written: This office regrets to inform you that it is unable to issue a visa to you because you have been found ineligible to receive a visa under the following sections of the immigration and nationality act. The information contained in the paragraphs marked x pertain to your visa application. Section 221g which prohibit the issuance of a visa to anyone whose applications doesn't comply......The following remarks apply in your case. Please submit x, y and z. Please what is this all about. She said I can't contact them until 60days

Again you are not very specific. You are asking questions but always don't give the full story or at least enough to be able to help you at all. You always leave out the most important info so it's impossible to be able to give you advice.

What is it asking you to submit?

What questions were asked about the crime you committed?

In this case the 221g asks for more documents... so not a visa denial (yet). Can't help you more because you are not giving any more info on your case at all.

Edited December 7, 2016 by Californiansunset

[aaron2020 11,651]

I must say this platform is somehow difficult to navigate. Anyway, I went for my interview today and the CO didn't even ask me to file a waiver. Instead after several questions about me and my wife and the place I have lived before, she gave me a paper and said that is the best I can do for you today. In the sheet, it's written: This office regrets to inform you that it is unable to issue a visa to you because you have been found ineligible to receive a visa under the following sections of the immigration and nationality act. The information contained in the paragraphs marked x pertain to your visa application. Section 221g which prohibit the issuance of a visa to anyone whose applications doesn't comply......The following remarks apply in your case. Please submit x, y and z. Please what is this all about. She said I can't contact them until 60days

How are we to help when you refuse to give out any information? Answer Penguin's questions if you want help.

You have been found ineligible for a visa. How to resolve so you can get a visa depends on your crimes. If you don't tell us, then we can not help you.

Edited December 7, 2016 by aaron2020

[Oguntise 0]

In answering Penguin questions, the crime is conspiracy to commit social security fraud and immigration fraud. Yes, I was convicted. The visa class am applying for is IR1. Now, as to the question or questions asked by CO today about the crime, she just said I should tell her all that happened in the US which I did and she asked if i was an aggravated felony crime and I told her yes. She then proceeded to my wife and asked how she became a US citizen and I said under my status as a DV visa holder. I lived in Canada from 2011 to 2013 and she asked me what i was doing there and I said I was working and she said legally? and I said yes. At that point, she asked for addresses I have lived there and I couldn't recall offhead and was bringing out documents to confirm and that was when she stopped asking questions. To add, the crime was committed in 2003. Conviction and sentence was in 2004 and 18 months was served out of 21. Was released back to Atlanta because of appeal in 05 and immigration came back in 06 for arrest and processed through the system and deported 07. Never went back to US. She asked about that too.This is the list of what she said I should provide now. She said please submit the following documents for review. A list of all addresses you have lived in both the US and Canada, copies of all charges from US courts, immigration proceedings copies in the US and Canada, and copies of DV visas for yourself and the petitioner. After this documents are reviewed, by our office,we will contact you with next steps or to submit further documentation. if you have questions or have not heard from our office within 60 days, you may email us at..... Please someone should enlighten me what all this is about. I will try and submit the documents ASAP.

[Californiansunset 332]

In answering Penguin questions, the crime is conspiracy to commit social security fraud and immigration fraud. Yes, I was convicted. The visa class am applying for is IR1. Now, as to the question or questions asked by CO today about the crime, she just said I should tell her all that happened in the US which I did and she asked if i was an aggravated felony crime and I told her yes. She then proceeded to my wife and asked how she became a US citizen and I said under my status as a DV visa holder. I lived in Canada from 2011 to 2013 and she asked me what i was doing there and I said I was working and she said legally? and I said yes. At that point, she asked for addresses I have lived there and I couldn't recall offhead and was bringing out documents to confirm and that was when she stopped asking questions. To add, the crime was committed in 2003. Conviction and sentence was in 2004 and 18 months was served out of 21. Was released back to Atlanta because of appeal in 05 and immigration came back in 06 for arrest and processed through the system and deported 07. Never went back to US. She asked about that too.This is the list of what she said I should provide now. She said please submit the following documents for review. A list of all addresses you have lived in both the US and Canada, copies of all charges from US courts, immigration proceedings copies in the US and Canada, and copies of DV visas for yourself and the petitioner. After this documents are reviewed, by our office,we will contact you with next steps or to submit further documentation. if you have questions or have not heard from our office within 60 days, you may email us at..... Please someone should enlighten me what all this is about. I will try and submit the documents ASAP.

What is the immigration fraud you committed?

I would've guessed that you wouldn't have a chance getting an immigration visa approved given the conviction but then again you weren't given a visa denial. They wouldn't be looking at the documents if the CO didn't think that there was a chance you might get a visa approval (or in this case be eligible to file a waiver as I highly doubt you would get a visa approved without filing a waiver).

I can also see why they are requesting your Canadian documents. Canada tends to be even more strict than the US when it comes to foreign nationals who committed a crime... I'm more than surprised that they would even let you enter the country. Did you really disclose everything when working in Canada?

If you get a visa denial now and are not considered eligible to file a waiver now (which will be determined by the consulate that interviewed you) you should be eligible in two years to file a 212 (h) waiver under INA (15 years after the crime was committed). As far as i know you can try to apply for an immigration visa again and then file that waiver after you get it denied (again given that the CO decides that you are eligible. I think you should be after 15 years... but then again the immigration fraud adds up too and you haven't said what you did).

[Oguntise 0]

Thank you so much for your reply. I sure appreciate it. Yes, I was allowed to enter Canada and Canada has nothing in their records for me as to my crime in the US. I was the one that disclosed it all to the officer that attended to me. He even told me that he did a check on my name and found nothing criminal. That was after I told him I have a criminal conviction in the US. He then told me to pen everything that happened in a paper in my own words as it happened which I did. I think it was after this they could trace any document on this happening I the US. But that aside, I pray and hope that after submitting all the CO here asked for, I will get my visa. I checked online yesterday as to the case status and this is what was writing on their site: Your visa case is currently undergoing necessary administrative processing. This processing can take several weeks. Please follow any instructions provided by the consular officer at the time of your interview. If further information is needed, you will be contacted. If your visa application is approved, it will be processed and mailed/available within two business days.

Again as to your question about my specific crime, I was helping people to get social security card not knowing or should I say naive about the grave consequences of such conspiracy. I was just taking people to the guy and not directly involved I the act. But I was tagged a "distributor" or agent in the case. Thanks for your help again. I will continue to update you here.

[Californiansunset 332]

Thank you so much for your reply. I sure appreciate it. Yes, I was allowed to enter Canada and Canada has nothing in their records for me as to my crime in the US. I was the one that disclosed it all to the officer that attended to me. He even told me that he did a check on my name and found nothing criminal. That was after I told him I have a criminal conviction in the US. He then told me to pen everything that happened in a paper in my own words as it happened which I did. I think it was after this they could trace any document on this happening I the US. But that aside, I pray and hope that after submitting all the CO here asked for, I will get my visa. I checked online yesterday as to the case status and this is what was writing on their site: Your visa case is currently undergoing necessary administrative processing. This processing can take several weeks. Please follow any instructions provided by the consular officer at the time of your interview. If further information is needed, you will be contacted. If your visa application is approved, it will be processed and mailed/available within two business days.Again as to your question about my specific crime, I was helping people to get social security card not knowing or should I say naive about the grave consequences of such conspiracy. I was just taking people to the guy and not directly involved I the act. But I was tagged a "distributor" or agent in the case. Thanks for your help again. I will continue to update you here.

Ah okay I see. Everyone has to go through Admin Processing (even if the visa had been approved right away). As they requested more documents it is going to take longer,especially if they do some more background checks which i believe they will.

As I said I do think it's a positive sign that they asked for more documents. I also think that it works in your favor that you legally stayed in Canada (what I believe they might be checking with your Canadian immigration documents and addresses). Canada is strict with criminals and if even they don't consider you guilty enough to be banned out of the country I think it's likely that the US consulate might come to the same conclusion. Fingers crossed!

[Oguntise 0]

Thanks California sunset. Will let you know as soon as there is new update as to the case. Again I appreciate your explanation and prayers.

Thanks California sunset. Will let you know as soon as there is new update as to the case. Again I appreciate your explanation and prayers.