Do I need a waiver

[aclassic 0]

This is my situation. In Feb 2003 I had an incident with my ex-wife which resulted in my being arrested to Assault/Domestic Violence. I know everyone says they are innocent and nobody wants to hear it, but it happens to be true. Anyway, it is something that I have to live with. In order not to go to trial and with my lawyers advice, I pleaded "No Contest". I paid my fine and did my community service. After completion of my probation and community service, the state of Texas dismissed my case which in essence means that I have "No Conviction".

I received an RFE on Saturday and the questions was asked if I have ever been convicted by a court of law, etc. My lawyer says that I have no conviction, however today I went to a well respected immigration lawyer who says that the Federal Government still considers it a conviction.

I have decided to check the block where it claims "Domestic Violence" and tomorrow I will get the necessary police reports and final judgements certified.

My questions is, do I still need to request or seek a waiver?

I've tried calling USCIS but got very frustrated with their electronic answering service.

Any help would be appreciated.

[Mew 0]

You'll find useful info here: http://www.visajourney.com/forums/index.ph...st&p=348679

[michellek1976 0]

I believe a waiver is only needed if you also fall under the 'multiple petitions' categeory.

[aclassic 0]

Afer my third attempt, I managed to get a live person at USCIS. I explained my situation and they told me that I would not need a waiver. I'll get the necessary documents and will subment them with my RFE. I'll keep everyone posted.

I believe a waiver is only needed if you also fall under the 'multiple petitions' categeory.

[sunandmoon 450]

I believe a waiver is only needed if you also fall under the 'multiple petitions' categeory.

i believe in this situation, no multiple petitions, the only action that occurs is the beneficary is informed at the interview.

[aclassic 0]

Thanks! That is how I interpret this situation. I am also encouraged by the fact that USCIS informed me that no waiver would be required in my case. In any event, I plan on informing my fiance before the consulate interviews her. I don't want her to be blindsided and I want her to hear my side of the story. Additionally, my neighbor will be traveling to China and will meet with my fiance for the second time. He has first hand knowledge of what transpired and will vouch for my character. In the end, I think it will all work out. I just did not want and do not feel that it should be left to a third party to get into my personal business. This is something that I would have preferred to discuss with my fiance at a later date and in private. We have been together for almost two years now and have gone through a lot together. This is just another hurdle which we have to overcome.

I believe a waiver is only needed if you also fall under the 'multiple petitions' categeory.

i believe in this situation, no multiple petitions, the only action that occurs is the beneficary is informed at the interview.