"Uk" Waiver club 601/212, List for uk waivers sign up!

[cmltdg 0]

Hey, I had a question. After the approval of the waiver, he comes over, we get married, and apply for adjustment of status, is there any issue being able to adjust status with a criminal record? Does the waiver cover that too or should we be prepared for more difficulty adjusting status? If anybody knows anything able that, I'd sure appreciate your thoughts.

Thanks,

Tiffany

[mary&tom 0]

Hey, I had a question. After the approval of the waiver, he comes over, we get married, and apply for adjustment of status, is there any issue being able to adjust status with a criminal record? Does the waiver cover that too or should we be prepared for more difficulty adjusting status? If anybody knows anything able that, I'd sure appreciate your thoughts.

Thanks,

Tiffany

I have wondered the same... and what about job applications? Would he have to disclose it on a job application?

mary

[MistyB 0]

Yeah I think I emailed them on Jan. 2 to see if they had received my waiver yet and I got almost that same exact email aside from the refraining to contact part. Sure enough my waiver was approved on Jan. 25th. That was only around 2.5 weeks or so excluding weekends. I also got the same 12-15 week response time.

[nigel 7]

Hey, I had a question. After the approval of the waiver, he comes over, we get married, and apply for adjustment of status, is there any issue being able to adjust status with a criminal record? Does the waiver cover that too or should we be prepared for more difficulty adjusting status? If anybody knows anything able that, I'd sure appreciate your thoughts.

Thanks,

Tiffany

Thats a very Good Question really.....

I wonder if any police record (crime/s) would follow you over into the data base in the usa...i wonder cas they have that information given to them by an Alien they have the right to entre you into there system for crimes ect....for future ref...

And another thing ....what would one put down if ask on a job Application? ....as any crime was not committed in the USA....

Hmmmmm thats worth a ask somewhere....

if anybody knows of any Answers please let me know as this will help others for the future..

I should think a USc Member on here could find out the answers as they should know the us privacy laws better than me the Alien coming from the uk...

sorry no News yet guys ...im really am Miffed over this time you guys are going through....

Thanks Guys..

Nigel...

Edited February 17, 2006 by nigel

[Baileyj96 0]

I found this cmltdg. I think it answers the question about the AOS. They can't let you apply for the waiver if your not waivable with the aos too.

http://travel.state.gov/visa/laws/telegram...grams_1437.html this is the link to it if you want to read the whole thing.

Baileyj

N9 Waiver Availability for Applicants Ineligible under INA 212(a)

A K visa is a nonimmigrant visa, and therefore K nonimmigrants are generally eligible for INA 212(d)(3)(A) waivers. However, processing an INA 212(d)(3)(A) waiver would not be appropriate unless an immigrant waiver is also available when the K visa holder applies to adjust status to legal permanent resident. To determine whether a waiver is available for a K applicant, the consular officer must therefore first examine whether the particular INA 212(a) ineligibility is waivable for immigrant spouses of American citizens, under either INA 212(g), (h), (i), 212(a)(9)(B)(v), 212(d)(11) or (12) or similar provisions. [For a more complete list, see the abridged list of ineligibilities and immigrant waivers at 40.6.]

N9.1 Visa Refusal-No Waiver Possible

If the K visa applicant is ineligible for a visa on an INA 212(a) ground for which no immigrant waiver is or would be possible after marriage to the petitioner, then the case should not be recommended for an INA 212(d)(3)(A) waiver and no waiver request should be submitted to BCIS. [see 22 CFR (9 FAM) 40.301.

N9.2 INA 212(d)(3)(A) Waiver for K-1 Fiance(e) Who Would Qualify for a Waiver if Married, or for K-3 Spouse

a. If it is determined that the K visa applicant is ineligible to receive a visa under INA 212(a) but that the ineligibility could be waived after (or as a result of the) marriage to the petitioner, the consular officer should assist the applicant in completing Form I-601, Application for Waiver of Grounds of Excludability, and submit simultaneously both the Form I-601 (with the required fee) and Form OF-221, Two-way Visa Action Request & Response, to the appropriate BCIS office abroad with the recommendation concerning the granting of an INA 212(d)(3)(A) waiver. (If the case involves a K-1 fiance(e), before beginning that waiver process the consular officer should first satisfy him/herself that the petitioner was or is aware of the ineligibility and still wishes to pursue the marriage. If not, the petition should be returned to BCIS and no waiver process commenced.) Consular officers should follow this same general procedure whether the ineligibility is on medical or non-medical bases, while taking into account any variant procedure required in certain medical cases as set forth in 22 CFR 40.11 PN2.

b. When an alien fiance(e) of a person in the U.S. military has been found ineligible and it appears that the benefits of INA 212(h) or (i) might be available once the marriage has taken place, the consular officer should discuss the ineligibility and the waiver possibility with the military officer responsible for granting permission to marry, and point out that BCIS cannot make advance determinations regarding a waiver.

N10 Vaccination Requirements for K Visa Applicants [see 41.108 Notes]

N11 Alternative Classification

The inclusion of INA 101(a)(15)(K) in the nonimmigrant classifications is not intended to prohibit an alien fiance(e) of a U.S. citizen from applying for and obtaining an immigrant visa or a nonimmigrant visa under another classification, if the alien can qualify for an alternative classification. For example, an alien proceeding to the United States to marry a U.S. citizen may be classified B-2, if it is established that following the marriage the alien will depart from the United States. [see Sec. 41.31 N11.1.]

N12 Child of Alien K-1 Fiance(e)

BCIS and the Department have agreed that the child of a K-1 principal alien may be accorded K-2 status if following to join the principal alien in the United States even after the principal alien has married the American citizen fiance(e), and acquired lawful permanent resident status. However, the cutoff date for issuance of a K-2 visa is one year from the date of the issuance of the K-1 visa to the principal alien. After one year, and provided that the alien qualifies, the filing of an immediate relative or second preference petition would be required.

POWELL

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Other Government Websites

First Gov Service Locator

U.S. Department of Justice

The White House

[Baileyj96 0]

I'm on a link kick tonight. Here is the 40.6 they quote in the pervious post.

Sorry guys just trying to share.

http://foia.state.gov/masterdocs/09fam/0940006X1.pdf

Baileyj

Edited February 18, 2006 by Baileyj96

[nigel 7]

Bailey....nice work..

[MistyB 0]

You gettin ready to leave Nigel??

[cmltdg 0]

Bailey, Thanks!! That's exactly what I was wondering. That takes a load off my mind. I was really wondering about all that. It does make sense that they wouldn't let you apply for a waiver if you weren't able to actually adjust status to permanent resident. But what's the form OF-221 they mentioned? Is that the "blue" piece of paper he got? This whole thing is stressing me out! I've actually become a worry-wart, when I really wasn't before. If he still likes me after all this is over, he's an even better man than I thought!

Anyway, thanks and have a great weekend.

Tiff

[Baileyj96 0]

Hi cmltdg

I really don't know what the OF-221. I bet it's either what you said or maybe a form that the officer at the embassy has to fill out and send in with your waiver. Hard to tell. I tried doing a search for it but there are a few pages missing where I've been looking. I think they are revising them right now or something.

You will be fine and I'm sure everything will work out. We just need to get a stick to chew on or to beat someone with .

It's all so stinking confusing.

You have a good weekend too. I just found out yesterday I have to go to Detroit for work on Monday and Tuesday. Grrrrrrrrrrrrrrrrrrrrrrrrrrrr I did NOT want to go but the plant manager asked me to. Can't say no to that unless your just stupid. lol

Baileyj

[MistyB 0]

More freakin waiting...can you all please pray for us that our passports come back today?

[mary&tom 0]

No word for us today

[jpkeswim 0]

No word yet either......I was thinking that it is a government holiday today and maybe they are closed. It's Presidents Day.

[MistyB 0]

Oh bullocks!!!!! I forgot about that stupid holiday! Grrrr......my passports better come tomorrow!

[nigel 7]

some sound Advice for Everyone from L.scott (immigration Lawyer)

There's been some recent discussion on this forum about my fees. What can I say? Legal services are expensive. My fees are an indication of my experience with this type of case.

But I understand that some people would rather hire someone local or see if they can find someone cheaper. If you do, please follow some of my suggestions.

1. Make sure your attorney is licensed. You need to contact the state bar where the attorney is licensed. Don't assume your attorney has his/her license from the state where he/she is located as immigration attorneys can practice immigration law in any jurisdiction as long as they are licensed in at least one state. Simply ask the attorney what state he/she has a license from.

I've handled several cases where the client originally went to a Notario, Immigration Consultant, or person claiming to be an attorney when he/she was not. These are typically the most fu*&ed up cases. Keep in mind that practicing law without a license is criminal.

2. Hire an immigration attorney who has done an I-601 before. If you're on this forum its because you need an I-601. Anytime you need an I-601, you NECESSARILY have a complicated case. You need someone who has done that type of case before. Many immigration attorneys have NEVER handled an I-601 before. I recently went to a business dinner with a bunch of immigration attorneys. I sat by one prominent Houston business immigration attorney who owns a multi-attorney practice. He is board certified in Immigration Law in the State of Texas. I told him I specialized in the I-601 waiver and he said, "What's that?"

3. Be suspicious of very low fees. If the attorney is charging under $1000, that should be a warning sign that this attorney is either desperate for clients or is inexperienced with this type of case. Its possible that the attorney has had some success through Juarez and doesn't understand that the rules in Juarez have recently changed (they now want more evidence) and that its harder to get an approval through other posts. $2,500 to $6,000 is more normal (for just the I-601, I'm excluding the legal fee for the I-130 filing and consular processing, etc.). The lower part of that range is for attorneys who have some experience - maybe they've done five or six already - and the higher range is for those who have more experience.

4. Don't pay extravagent fees unless you're rich. Attorneys in the New York City area are known to charge $10,000 or so for a waiver. They're not necessarily trying to screw the client, they simply have astronomical rent to pay and have to compensate all employees, including the attorney, for the very high cost of living there (Houston is much cheaper, incidentally). But if you look around on the internet, you can find someone just as experienced who won't charge quite so much. The only reason to pay $10,000 to $30,000 or so is if you are very rich and you're hiring Ira Kurban (http://www.kkwtlaw.com/Bio/IraKurzban.asp) or Carl Shusterman (http://www.shusterman.com/). Both of these names are readily familiar to all immigration attorneys.

5. I'm sorry, I just can't recommend trying it alone. I know its a lot of money, but a lot is riding on this. As I said above, if you need an I-601, you NECESSARILY have a complex case. You have to prove extreme hardship. You're not just filling in a form and writing a letter. Even if you don't hire me, I recommend you hire SOMEONE. Yes, some people have success writing their own waiver applications. And some people give birth without a medical professional present and have no problem. But I can't recommend it. Beware that some posts are more difficult that others; e.g. Manila.

6. If you do go it alone, at least get a consultation. Again, you don't have to contact ME, but you should contact SOMEONE who is experienced with these waivers. Several times a year I end up saying to a client, "I wish you had contacted me earlier" because they did something on their own that made their case WORSE. If you can't afford my consultation fee, come to the free chat. I created the chat not only so that potential clients could see that I knew my stuff, but also so that I could provide some free information for people who can't afford my services.

_________________

I am an attorney specializing in the I-601 waiver. I originally got into immigration because of my own fiance's 'immigration problems'.

Private messaging is NOT a good way to get in touch with me. For various ways to contact me, visit my webiste www.visacentral.net.

Hope this help members out..if there thinking about getting a immigration Lawyer to handle there waiver/s....but Everybody got choices of what they want to do...

Nigel...

Edited February 21, 2006 by nigel