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| Jamaica |  Review on July 20, 2017: |
ARBIGRED1
Rating:  | Review Topic: Waiver/Admin Review
My husband with for his first interview and was denied and given instruction to apply for a 601 waiver for inadmissible due to a CIMT . We knew of the simple Larceny charge which was 16years old and understood it would fall under the exception rule because he never served any jail time and nor was he fined. The simple case had a monetary value of less the $200 USD. He was convinced to plead guilty to a charge he didn't commit because his family could not afford the legal fees it would take to fight the issue before a judge. After reading things I felt it was a 60/40 shot that we wouldn't have to file a waiver. We lost the gamble but it allowed me the time I needed to collect the money for the $930 fee. The waiver won't be easy to complete as you have to show more than the average cause of hardship. However he is in Jamaica which is a country trying to build itself but is decades behind the USA in healthcare, jobs, etc. Most are struggling farmers. So providing the necessary information of how it would be a dramatic loss to us maybe a tad easier in comparison to if he lived in another country. We also had to provide more proof of our relationship and had to submit our personal text messages and email. Frankly I think it is an invasion of privacy but we all know we must comply with the rules. Because I'm in need of a double hip replacement I've been unable to travel to see him so we had not seen each other in a years time. My advice based on all of this...go ahead and do the waiver in advance even if you believe you can fall under the exception rule...they will fight you on it. Also..do all u can to visit your love one more than twice b4 applying. It will build a stronger case. I learned all of that on here but I didn't find this site until after our process was underway so...we had to go with it and be prepared for them to come back at us and we are/were. I don't make enough money to higher an attorney to help. But if you have that option and u have a CIMT...get an attorney to help you! Even if the case is 16 years old...and simple...petty...a misdemeanor they will hold it against you. My husband crime doesn't even show on the police report. He would have been 20 years old he's now almost 37 and never had another incident with the law.
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Consulate / USCIS Member Review #22191