I-160 notice

[Canadian in GA 34]

ok here is my story,

I applied for my residency back in april. since then i have been approved for my i-131, travel and work authorization. i applied for my 1-485, and we went for my interview on Oct 26th 2010. we were approved in Atlanta, and the officer said she would process it that day. well almost a month went by with no ISCIS updaes (except for a touch on 11/3/10) so i made an appointment to go talk to the office. (infopass)

today I got a notice in the mail stating they can not process my application as they found me admissible, and they said i can apply for a i-160, reason being they think i have a criminal record, which I don't.

back in 2002, i was arrested for shoplifting (bad decission, and with the wrong people) but i was never convicted, and do not have a criminal record (i provided proof of this with my application and at the interview) i am very confused, as i dont have a record, so why are they sending this to me??! I called the USCIS, and they put in a request for the officer to evaluate my case (the name at the bottom of the form was the same girl that did our interview) i am freaking out, and dont understand why she said they approved it, then said i was inmissible. i understand that she may have looked into it further, but again,, i dont have a record, so i shoud not have to go though this! anyone in this sitation? ok say if i have to sudmit a i-160, and prove hardship, I am from Canada, so its not a threat to me if i had to return to canada, but im married, have stepchildren, who would be devisted if I had to leave, not to mention my husband and myself would be too! i have nothing in canada, i have a home here,job, car, my life is here in the us, not to mention we are planning on having a baby soon.

please if anyone can help me with this situation i would love to hear from you!

thanks in advance!

Sad Canadian in GA-

[Poohbie10 0]

I know your sad, Canadian. I am going through almost the same thing. I was arrested over 12 years ago and charged but I was not convicted. My questions were the same "I dont have a criminal record" "I was never convicted" so why am I being told I am inadmissible? The reasons I was told is:

If you have been "Arrested or convicted of a crime of moral turpitdude that you have admitted to being a part of, under those grounds you have been found Inadmissible. Which is true I did the crime and although no conviction was recorded I still have a record with the Federal Police of my country and this showed in my Police Fingerprint Check. Were you ever arrested or charged? At first I fought them saying wait a minute yes I did the crime but there was no conviction, no jail time so why am I being convicted now by the US Immigration System and it was so long ago. It did not matter they stick by what they said, even if your just arrested you fall into the inadmissible pool.

I am assuming you mean you were sent a I-601 letter for a Visa Waiver under the grounds of Inadmissibility? I have done that and provided proof of severe Hardship (6 pages) and provided letters of reference from friends and family members. Now I am just waiting for approval from the USCIS dept. I hope I helped you out? and good luck with your I-601.

[Canadian in GA 34]

Thank you for your reply, yes I was arrested but never convicted, my fingerprints showed up no record. How long ago did u apply for your i-160? What do u think your chances are?

[Poohbie10 0]

I didnt apply for a I-160 the Visa Waiver due to inadmissibility is the I-601, thats the application I submitted on the 22nd of October. I still have not heard anything and have no idea how my chances are, I hope its good as I have read on this site that people have been approved for the Visa Waiver and those people were convicted less than 5 years ago, but who knows, its a case by case scenario I feel. Good Luck

[Used to be broken 147]

Thank you for your reply, yes I was arrested but never convicted, my fingerprints showed up no record. How long ago did u apply for your i-160? What do u think your chances are?

Here is a question, how did the USCIS find out about your Canadian record or lack thereof? Did you disclose your arrest? Did they find it during a security or background investigation? Did you ever have a court appearance? If so what was the charge ..ie the criminal code from Canada? You may be dealing with two issues, one if you failed to disclose this and they found it out, depending on how you answered on your forms and in the interview, it might be a misrep charge, or depending on what the maximum sentence for the crime you were charged with and how it was disposed of in Canada it might be a waiverable issue or not. That is the starting point for your research.

Once you determine what you are dealing with, you can start to prepare the I601 to address the exact inadmissability.

Just so you know, its more than a form and the legal standard you must meet in order to get the waiver is extreme hardship to your US Citizen spouse or parent. the step children only figure in so much as they add to the hardship of your spouse if you are not here, or the family cannot live in Canada.

I think you should find an attorney who is very experienced in waivers to review your eligibility and help you formulate a strategy.

If in fact you do need the waiver, and this is not an error on the USCIS part..( which happens from time to time on the petty theft exception but still requires you to document the charges and have them evaluate you for this exception .. ) then you need to research the waiver and carefully prepare it and provide supporting evidence why you and your spouse cannot live in Canada and why your spouse cannot live in the US without you.

Just so you know, its much more difficult to prove this in Canada and the UK because of the lack of language barrier and similar living standards to the US, so your waiver is very crucial to you being able to overcome this.

Good luck , keep us posted and don't hesitate to ask further questions.

[Canadian in GA 34]

Here is a question, how did the USCIS find out about your Canadian record or lack thereof? Did you disclose your arrest? Did they find it during a security or background investigation? Did you ever have a court appearance? If so what was the charge ..ie the criminal code from Canada? You may be dealing with two issues, one if you failed to disclose this and they found it out, depending on how you answered on your forms and in the interview, it might be a misrep charge, or depending on what the maximum sentence for the crime you were charged with and how it was disposed of in Canada it might be a waiverable issue or not. That is the starting point for your research.

Once you determine what you are dealing with, you can start to prepare the I601 to address the exact inadmissability.

Just so you know, its more than a form and the legal standard you must meet in order to get the waiver is extreme hardship to your US Citizen spouse or parent. the step children only figure in so much as they add to the hardship of your spouse if you are not here, or the family cannot live in Canada.

I think you should find an attorney who is very experienced in waivers to review your eligibility and help you formulate a strategy.

If in fact you do need the waiver, and this is not an error on the USCIS part..( which happens from time to time on the petty theft exception but still requires you to document the charges and have them evaluate you for this exception .. ) then you need to research the waiver and carefully prepare it and provide supporting evidence why you and your spouse cannot live in Canada and why your spouse cannot live in the US without you.

Just so you know, its much more difficult to prove this in Canada and the UK because of the lack of language barrier and similar living standards to the US, so your waiver is very crucial to you being able to overcome this.

Good luck , keep us posted and don't hesitate to ask further questions.

Brokenfamily,

thank you very much for the time to reply!

I was travelling though the us years ago- and they found my "police contact" I never did know that after 5 years, i was able to go to the arresting office and have the record destroyed, I never did and it came up on the USCIS screen. I was scared at the border and told them yes i was arrested but not chanrged- i told the truth- but its biting me in the butt since then.

so i have had to have a waiver to get in to the united states since.

i was originally arrested, and went to court, but he withdrew my case- and I do not have a record, which i have proved over and over again. i have the original court papers, and my fingerprints come up with nothing.

I just don't understand why everything else was approved no problem, and she said i was approved at the interview, so of course i got all excited- told everyone i knew, then BAM, she sent me a letter in the mail.

Would it do any good to talk to someone in person? I do have an appointment in 2 weeks, as i originally made an appointment because i hadn't received my green card- id really like to talk to someone in person, as its easier to explain in person than on a application (i-601) maybe i will have the i-601 complete just in case, and bring proof of all the lack of record.

[Canadian in GA 34]

Here is a question, how did the USCIS find out about your Canadian record or lack thereof? Did you disclose your arrest? Did they find it during a security or background investigation? Did you ever have a court appearance? If so what was the charge ..ie the criminal code from Canada? You may be dealing with two issues, one if you failed to disclose this and they found it out, depending on how you answered on your forms and in the interview, it might be a misrep charge, or depending on what the maximum sentence for the crime you were charged with and how it was disposed of in Canada it might be a waiverable issue or not. That is the starting point for your research.

Once you determine what you are dealing with, you can start to prepare the I601 to address the exact inadmissability.

Just so you know, its more than a form and the legal standard you must meet in order to get the waiver is extreme hardship to your US Citizen spouse or parent. the step children only figure in so much as they add to the hardship of your spouse if you are not here, or the family cannot live in Canada.

I think you should find an attorney who is very experienced in waivers to review your eligibility and help you formulate a strategy.

If in fact you do need the waiver, and this is not an error on the USCIS part..( which happens from time to time on the petty theft exception but still requires you to document the charges and have them evaluate you for this exception .. ) then you need to research the waiver and carefully prepare it and provide supporting evidence why you and your spouse cannot live in Canada and why your spouse cannot live in the US without you.

Just so you know, its much more difficult to prove this in Canada and the UK because of the lack of language barrier and similar living standards to the US, so your waiver is very crucial to you being able to overcome this.

Good luck , keep us posted and don't hesitate to ask further questions.

Also- yes i did disclose everything on my application I-485, and provided them proof, also the officer asked me about it in the interview, and she seemed ot be fine with it.

[Used to be broken 147]

Also- yes i did disclose everything on my application I-485, and provided them proof, also the officer asked me about it in the interview, and she seemed ot be fine with it.

I get the impresssion there is a "multiple step review" on applications and often after the initial interview the issue is probed further by a supervisor for the legal "opinion" if a matter of law is involved. It gets sticky if you will where Canadian Law and US Law are not matching up exactly. You did not go into the crime and I understand not wishing to put it out there on a public forum, but I think knowledge is power and the resolution will lie with the technicality of the legal issue. For example if the crime was one involving "moral turpitude" or CIMT or the potential sentence whether imposed or not was a year or more in jail, its bad news. It sounds on the surface it might be a petty theft exception they are mishandling. Also the meaning of the legal method in which they disposed of the case, dismissed, withdrawn etc, are legal issues.

If it were me, I would hire Carl Shusterman or an attorney who deals with weird deals like this to evaluate the underlying case law. If they gave the the I601 it seems clear they have preliminarily decided you need it, so you must prepare and submit one which is a major undertaking and carries lots of case law and precindent not to mention approval is discretionary. Its tricky stuff and requires lots of boning up on how to prepare a well documented case.

Like I said before coming from a country that is not third world deflates the underlying argument you and your family cannot live there, so its a pretty steep hill to climb. Not to say it cannot be done, but my hope for you is they made a mistake in interpreting it and some creative communication and help from a sharky and knowledgeable attorney can turn this around. Its going to take a long time too, which sucks.

You can certainly PM me if you want, but the forum is not substitute for an attorney in a matter like this.

As for the question of just trying to talk to someone. If the metaphor "brick wall" conveys any meaning to you, then be my guest. Don't put to much energy or hope in this, but certainly if someone will talk to you then by all means you might get a better understanding of the situation. I think once you get a firm handle on the things I previously discussed from the USCIS law point of view, it might be more clear what direction to take. My guess is by now they have sent it to the wait pile and you will not hear anything until after you file the I601 and depending on processing times at your location it could be 2 months to a year wait.

Edited November 25, 2010 by brokenfamily

[Poohbie10 0]

I get the impresssion there is a "multiple step review" on applications and often after the initial interview the issue is probed further by a supervisor for the legal "opinion" if a matter of law is involved. It gets sticky if you will where Canadian Law and US Law are not matching up exactly. You did not go into the crime and I understand not wishing to put it out there on a public forum, but I think knowledge is power and the resolution will lie with the technicality of the legal issue. For example if the crime was one involving "moral turpitude" or CIMT or the potential sentence whether imposed or not was a year or more in jail, its bad news. It sounds on the surface it might be a petty theft exception they are mishandling. Also the meaning of the legal method in which they disposed of the case, dismissed, withdrawn etc, are legal issues.

If it were me, I would hire Carl Shusterman or an attorney who deals with weird deals like this to evaluate the underlying case law. If they gave the the I601 it seems clear they have preliminarily decided you need it, so you must prepare and submit one which is a major undertaking and carries lots of case law and precindent not to mention approval is discretionary. Its tricky stuff and requires lots of boning up on how to prepare a well documented case.

Like I said before coming from a country that is not third world deflates the underlying argument you and your family cannot live there, so its a pretty steep hill to climb. Not to say it cannot be done, but my hope for you is they made a mistake in interpreting it and some creative communication and help from a sharky and knowledgeable attorney can turn this around. Its going to take a long time too, which sucks.

You can certainly PM me if you want, but the forum is not substitute for an attorney in a matter like this.

As for the question of just trying to talk to someone. If the metaphor "brick wall" conveys any meaning to you, then be my guest. Don't put to much energy or hope in this, but certainly if someone will talk to you then by all means you might get a better understanding of the situation. I think once you get a firm handle on the things I previously discussed from the USCIS law point of view, it might be more clear what direction to take. My guess is by now they have sent it to the wait pile and you will not hear anything until after you file the I601 and depending on processing times at your location it could be 2 months to a year wait.

BrokenFamily,

Do you know where I can find that information out on the processing times for US Embassy's (outside of the US)? Its a very tricky situation, I did commit a crime of moral turpitude but after speaking to an "Officer" in the USCIS Dept stateside she said mine would be approved as I was not convicted and my case is closed and over 10 years ago, still I am not taking her word as gospel, I am still awaiting the decision of the USCIS in Seoul Korea.

Thanks

[Canadian in GA 34]

Brokenfamily,

You speak of the "petty crime exception" I was reading on it today. i think i fall in that situation, but how can I go by doing this? I can not afford a lawyer, my husband and i do have good job, but its close to xmas, and my i-601 form is due by dec 22nd (lovley eh, 3 days before xmas!, what #######!) I do have that appointment with the USCIS in atlanta, should I present that option then? bring all my court papers, and lack of criminal record proof, and have a filled out I-601 just in case? I really am scared, and ive waited this long! all I want to do is be here with my husband, and my family here in the US, something that happened 9 years ago that was sooooo small, should not ruin my future with my husband (its not like I do a huge crime, i was young and stupid, i know it was wrong, and ive never done it again!) Ive learned my lesson thats for sure! and I am no threat to the american people...far from it! I just wish they would understand that!

I have read that people that have done more serious crimes getting it overturned, I am just trying everything to get this fixed, and the right way!, not to mention not having to spend all my xmas money on this I-601!!

[Used to be broken 147]

Brokenfamily,

You speak of the "petty crime exception" I was reading on it today. i think i fall in that situation, but how can I go by doing this? I can not afford a lawyer, my husband and i do have good job, but its close to xmas, and my i-601 form is due by dec 22nd (lovley eh, 3 days before xmas!, what #######!) I do have that appointment with the USCIS in atlanta, should I present that option then? bring all my court papers, and lack of criminal record proof, and have a filled out I-601 just in case? I really am scared, and ive waited this long! all I want to do is be here with my husband, and my family here in the US, something that happened 9 years ago that was sooooo small, should not ruin my future with my husband (its not like I do a huge crime, i was young and stupid, i know it was wrong, and ive never done it again!) Ive learned my lesson thats for sure! and I am no threat to the american people...far from it! I just wish they would understand that!

I have read that people that have done more serious crimes getting it overturned, I am just trying everything to get this fixed, and the right way!, not to mention not having to spend all my xmas money on this I-601!!

Fear is your minds way of telling you to PROCEED WITH CAUTION on this matter.

If it were me, I would not go to the interview without representation, or a consult with an attorney first. Maybe you can get an extension to file the I601, its not something you just slap together in a couple weeks, unless their is an attorney who is involved that says it can be done this way. It may be they can make a few calls, get an advisory opinion for you so you know exactly what you are dealing with and all possible remedies. You also need to know all potential outcomes and how they would effect you.

There will be other Christmas's, this is going to boil down to what country you and your spouse spend future ones in. Take back those Xmas gifts, or charge the lawyer, it will be cheaper in the long run, appeals take years if you have to go that route, and then once its in the court system its almost impossible to navigate the system without an attorney. Consider what it will cost to move, or live separately in two countries will this is sorted, or fight deportation.

Charge it if you have to, its money well spent. Get an attorney who has dealt with this before. You can if cannot get the interview rescheduled, and you cannot get an attorney by your appointment date, know your rights in the interview. Ask if you can postpone, you are not prepared you want time to do more research and hire an attorney, because you believe USCIS is in error in this matter.

Edited November 27, 2010 by brokenfamily

[Canadian in GA 34]

I am wondering how I can go by trying the "petty crime exception," how do i go by trying this? i believe i fall into this category

[Poohbie10 0]

I am wondering how I can go by trying the "petty crime exception," how do i go by trying this? i believe i fall into this category

Your in the same boat as I am, we can afford an Attorney but where we live we cant get one, you say its an affordability situation, seek your information as best as you can, I know having an attorney will in the end be beneficial but for the people who dont have that luxury provide your proof of Hardship as best as you can, think of everything, reading on this website there have been past cases who have been approved of a I-601 without a Attorney so try and stay focused and positive, thats all any of us can do.

Good Luck Canadian in GA

[Canadian in GA 34]

thank you poohbie10! good luck to you too!

I am going to sit down tomrrow with the I-601 and go over it with my husband, he is good with words, and also my 16yr old step daughter wants to write a letter to go with it. giving her story if I had to leave, that will cause her harship. I would think being seperated from your family is harship enough!--- but i know jsut stating that isnt as easy- its like these immigration officers dont have a heart sometimes (yeah Im writting this as being upset) but I couldnt do that job knowing that a click of a button- deny- that I could ruin someones lives!

anywhoo! I am going to wait to see that the request does- ( when i called the USCIS and asked the officer to re consider) I should get it by the end of next week, and see what that says, then from there, but im starting my i-601 just in case.

its just so hard to focus on anything elese, putting up the xmas tree today- not being happy. it sucks! I just hope it all works out!

....and for you too Poohbie10!

[Canadian in GA 34]

is it normal to receive a Biometrics appointment letter after they request to get a I-601? even if you have not filed for the I-601 yet? or is it because i requested them to look into my case again, and its currently under review?

Edited November 30, 2010 by Canadian in GA