I-130 Approved with DWI, how is my NVC process going to differ as a result?

[asael1987 0]

Our I-130 was approved 5 months to the date after NOA1.

So I have been reading all of the posts on here and guidelines on whats next, but since I pleaded No Contest on DWI, how is my NVC process going to differ?

It is my only issue with the law while I was in the states, as a result we left the states on May 28th as my DWI launched an immigration case which ended up with a voluntary departure notice.

We already know we more than likely will have to file a waiver and we have already hired an attorney for the NVC and the rest of our case, however I'd like some friendly advice and input from VJ

as to how our NVC process will differ...

our attorney has stated that my wife(petitioner) will have to sign some document stating that he can look over our case with the USCIS, and then after that he will file things, but am I correct in thinking that the next step is to get the notice from the NVC that they have received the paperwork?

TL;DR, I-130 approved with No Contest DWI, how will my NVC process differ? [we know we will have to more than likely file a waiver probably]

[rylforever 18]

Hi, ok assuming that you are not in the states right?, it sounds like you will have to file an I-601 waiver (however, one cannot be sure without knowing how you entered the states, and how many times you crossed or attempted to cross). the form the attorney is talking about probably is a g-28 form, which gives attorney permission to "enter the case and or find out case specifics from uscis and receive notices on your behalf" pretty much. My husband had to do a waiver also, not for dwi but for driving without a license and was also given voluntary departure. with NVC just make sure you have the voluntary departure order from the judge and the sentencing documents for your dwi because they will ask for those at nvc and the interview also. if you want more info on the waive process, you should check out the site immigrate2us.net however for NVC info, this is the best site, it helped me through step by step just read the guides and read them again.

[asael1987 0]

Hi, ok assuming that you are not in the states right?, it sounds like you will have to file an I-601 waiver (however, one cannot be sure without knowing how you entered the states, and how many times you crossed or attempted to cross). the form the attorney is talking about probably is a g-28 form, which gives attorney permission to "enter the case and or find out case specifics from uscis and receive notices on your behalf" pretty much. My husband had to do a waiver also, not for dwi but for driving without a license and was also given voluntary departure. with NVC just make sure you have the voluntary departure order from the judge and the sentencing documents for your dwi because they will ask for those at nvc and the interview also. if you want more info on the waive process, you should check out the site immigrate2us.net however for NVC info, this is the best site, it helped me through step by step just read the guides and read them again.

Was the waiver accepted, we talked to about 15 attorneys and they were split on the success of a waiver, and said we would probably have to file the waiver more than once until they accepted it.

the sentencing documents are the ones you get when you go ask for a copy of your criminal record right?

i am a member of immigrate2us.net as well and so I shall ask too thanks for your input.

so what you are saying is that NVC will ask to see the voluntary departure order and the sentencing documents as well?

for anyone who may also ask, I was brought into the states at 6 years old, now 26 and never left before my voluntary departure, currently residing in mexico with my wife

[rylforever 18]

ok, yes my waiver was accepted and approved. I am not sure why by the information you gave they would think you would need to submit a waiver more than once, they must not be that good of a waiver attorney if they cannot stand 100% beside their work. on the other site there are a lot of good waiver attorneys if you want to use an attorney. and from what I have always heard the main reason for a denial of a waiver is lack of evidence of hardships, so just make sure to back up every argument you have, not necessarily a lack of hardship is an automatic denial, however, lack of argument of same is worse. As far as NVC, yes they asked me for any court documents relating to his traffic ticket and any court orders from immigration when I disclosed it on the immigrant visa application it asked for any document back ups.

Edited September 30, 2014 by rylforever

[asael1987 0]

ok, yes my waiver was accepted and approved. I am not sure why by the information you gave they would think you would need to submit a waiver more than once, they must not be that good of a waiver attorney if they cannot stand 100% beside their work. on the other site there are a lot of good waiver attorneys if you want to use an attorney. and from what I have always heard the main reason for a denial of a waiver is lack of evidence of hardships, so just make sure to back up every argument you have, not necessarily a lack of hardship is an automatic denial, however, lack of argument of same is worse. As far as NVC, yes they asked me for any court documents relating to his traffic ticket and any court orders from immigration when I disclosed it on the immigrant visa application it asked for any document back ups.

thank you very much, you have been very helpful!

the reason most of the attorneys said we may need more than one waiver was because me and my wife are in our mid 20s, with good health and no kids, so it would be hard to show hardship, luckily my wife loves to write, so she plans on sending them pretty much a novel about how hard life has been for us in this country (mainly for her, as immigration [as stated by one attorney] only cares about the US citizen.

thank you again!