extreme hardship reasoning .. please help.

[canadianmeghan 1]

hi there,

I am just looking into this waiver business and am feeling so lost and hopeless.

My husband and I filed i-130 and were approved last update was our case was being sent to NVC. I then learned about the AOS route and we were thinking about doing that .. UNFORTUNATELY I was a silly teenager and ran into some trouble with the law. I have 2 theft under (one was a nail file and then other about $20 dollars worth of things) for both I received a conditional discharge. I was in a terrible place at the time and hanging out with the wrong crown, the usual I am sure. I also used a fake ID for my best friends 19th birthday and got caught. This was a conditional discharge as well .. 3 years has passed so my record is clean in Canada, unfortunately the US does know acknowledge conditional discharges ..

Now I am looking into i-601 but I am confused about proving the extreme hardship .. So far my reasoning's are as follows:

My husband suffers from severe anxiety disorder and literally can not go to sleep without me .. while I was in Canada and we were apart his anxiety was the worst it has ever been since the 4 years we have been together.

The reason we are coming to the US instead of Canada is because my mother in-law suffers from rheumatoid arthritis and is in a lot of pain. My husband has been out of the country for the past few years and now wants to spend time with her because lord knows how this disease could affect her in the near future.

His parents are not that well off and we are currently living with them helping them pay their bills..

also what would happen if we couldn't prove this? Would we just carry on with the original i-130 route? If so when would we file i-601? Is my chances of spending my life with my husband in the US completely shot? Sorry just feeling very lost and upset that being a silly teen is so daunting on me know.

[dwheels76 5,460]

hi there,

I am just looking into this waiver business and am feeling so lost and hopeless.

My husband and I filed i-130 and were approved last update was our case was being sent to NVC. I then learned about the AOS route and we were thinking about doing that .. UNFORTUNATELY I was a silly teenager and ran into some trouble with the law. I have 2 theft under (one was a nail file and then other about $20 dollars worth of things) for both I received a conditional discharge. I was in a terrible place at the time and hanging out with the wrong crown, the usual I am sure. I also used a fake ID for my best friends 19th birthday and got caught. This was a conditional discharge as well .. 3 years has passed so my record is clean in Canada, unfortunately the US does know acknowledge conditional discharges ..

Now I am looking into i-601 but I am confused about proving the extreme hardship .. So far my reasoning's are as follows:

My husband suffers from severe anxiety disorder and literally can not go to sleep without me .. while I was in Canada and we were apart his anxiety was the worst it has ever been since the 4 years we have been together.

The reason we are coming to the US instead of Canada is because my mother in-law suffers from rheumatoid arthritis and is in a lot of pain. My husband has been out of the country for the past few years and now wants to spend time with her because lord knows how this disease could affect her in the near future.

His parents are not that well off and we are currently living with them helping them pay their bills..

also what would happen if we couldn't prove this? Would we just carry on with the original i-130 route? If so when would we file i-601? Is my chances of spending my life with my husband in the US completely shot? Sorry just feeling very lost and upset that being a silly teen is so daunting on me know.

Who says you need a waiver? 2 shoplifting and a fake ID usually doesn't fall under the inadmissible category.

You do a waiver when requested and that would happen after your interview and if you were denied they would tell you.

[canadianmeghan 1]

oh my goodness .. i read that you could only have one conditional discharge otherwise you needed a waiver .. So I am okay to apply for AOS and just check yes to the question about being arrested .. I would then explain myself at the interview and hope and pray all goes well?

I dont want to offend you in anyway but are you absolutely sure about this? I used that silly online lawyer (just answer) and he said that your allowed to have one petty crime but once you have 2 you need a waiver .. I also read this somewhere on VJ but I can't find the post right now ...

Thanks

[Merrytooth 5,748]

Theft and fake ID(Fraud conviction?) are considered Crimes Involving Moral Turpitude.

You have answered truthfully on I-485 Part 3 Processing Information Qns 1(a) and 1(b).

[canadianmeghan 1]

Theft and fake ID(Fraud conviction?) are considered Crimes Involving Moral Turpitude.

You have answered truthfully on I-485 Part 3 Processing Information Qns 1(a) and 1(b).

So this means that I will need a waiver? Should I start now? Or wait until the interview and see if explaining my case might help?

[Merrytooth 5,748]

Here are 2 cases I found on here on VJ.

http://www.visajourney.com/forums/topic/486985-criminal-history-will-the-i-130i-485-be-denied/

http://www.visajourney.com/forums/topic/418672-aos-with-shoplift-record/

You should get all your court records first and consult a good immigration lawyer before you file for AOS.

[canadianmeghan 1]

9 FAM 40.21(a) N7.1 Provisions of INA 212(a)(2)(A)(ii)
(CT:VISA-1318; 09-24-2009)
As amended, a conviction or admission of the commission of a crime of moral turpitude will not serve as the basis of ineligibility under INA 212(a)(2)(A)(i), if the following conditions have been met:
(1) The applicant has been convicted of or has admitted to the commission of only one crime;
(2) The maximum penalty possible for the crime of which the alien was convicted or for which the alien legally admitted to did not exceed imprisonment for one year and, if the alien was convicted and the alien was not sentenced to a term of imprisonment in excess of six months; or
(3) The crime was committed when the alien was under 18 years of age and the crime was committed (and the alien was released from confinement if applicable) more than 5 years before the date of the visa application. (See 9 FAM 40.21(a) N8, below.)

Wouldn't I fall under (2) since theft under is max 6 months in jail?

Would I have better luck with consular processing?

[canadianmeghan 1]

I appreciate your help in looking for those cases, but IMHO those cases seem a little more extreme than mine. I didn't lie to get into the US and I am not marrying 2 different men. One husband, and some stupid petty theft from 4 years ago. I suppose I am just wondering if I would

a) be able to explain my case and hopefully not need a waiver (if I bring in court records)

or

b) have a better shot at consular processing? Or if there is even a difference at this point?

[dwheels76 5,460]

Theft and fake ID(Fraud conviction?) are considered Crimes Involving Moral Turpitude.

You have answered truthfully on I-485 Part 3 Processing Information Qns 1(a) and 1(b).

Oh WOW. Thanks Merrytooth for the correct.

OP get a immigration attorney.

[Boiler 43,433]

Sounds like you are adjusting in country, I have no idea how Canadians with criminal histories are treated for entrance as visitors, I know you could not have used the VWP for example.

[canadianmeghan 1]

Oh WOW. Thanks Merrytooth for the correct.

OP get a immigration attorney.

Darn..

Am I able to still do AOS route and receive EAP or after the biometrics I will be denied?

Is there a difference going through consular processing?

[Boiler 43,433]

EAP - EAD and AP?

Consular processing would make no difference, Lockbox handles them all. But it would add a lot of time on to the process. 18 months or so in Canada.

[canadianmeghan 1]

EAP - EAD and AP?

Consular processing would make no difference, Lockbox handles them all. But it would add a lot of time on to the process. 18 months or so in Canada.

Sorry EAD is what I meant .. I am wondering if I will be denied EAD because of my record? My i-130 has already been approved, so still 18 months if I go that route?

I just want to be able to remain here with my husband and work so the EAD is very important, but will it be denied after biometrics?

[Boiler 43,433]

EAD first, Interview 2nd, if you have a CIMT issue I 601 third.

EAD would be god for a year. I 601 takes c 6 months last time I looked.

[LiliBurd 85]

Sorry EAD is what I meant .. I am wondering if I will be denied EAD because of my record? My i-130 has already been approved, so still 18 months if I go that route?

I just want to be able to remain here with my husband and work so the EAD is very important, but will it be denied after biometrics?

You were approved? and why 18 months? Am I the only one confused?