Inadmissable Panic

[John n Christine 0]

My fiancé has a minor record over 25+ years old. The attorney states we will be denied and then need to submit a 601 waiver. Does anyone have experience in this, and what was the outcome? We are panicking. Our interview is coming up and we are prepared for the denial. Just trying to get a feel for our chances on the 601.

Anyone have any words of encouragement?

[Transborderwife 4,666]

Check out the waivers forum. There's many people who could help.

[John n Christine 0]

My fiancé has a minor record over 25+ years ago. (Theft under $200, breaking and entering, ticketed for a marijuana joint.) The attorney states we will be denied and then need to submit a 601 waiver. Does anyone have experience in this, and what was the outcome? We are panicking. Our interview is coming up and we are prepared for the denial. Just trying to get a feel for our chances on the 601.

Anyone have any words of encouragement?

[Jawaree 717]

Make sure U have the disposition on his case at interview

if its considered CIMT be prepared to show hardships,its

about if the crime falls under moral turpitude, how much time

he could have gotten, (even if he did only probation) USCIS

works from the amount of time one could receive ...if over 6

mths the waiver has to be strong, if he was under 18 yrs old

when crime occur he's lucky, but first he will need to get 221G

approval at interview to file waiver...good luck

[Ontarkie 13,949]

~~Duplicate threads merged~~

[Penguin_ie 5,986]

What is the record for? Anything involving moral turpitude?

[John n Christine 0]

What is the record for? Anything involving moral turpitude?

Under the definition;

Among the many specific offenses that the U.S. government and courts have determined to be CMTs in individual cases are:

• murder
• voluntary manslaughter
• involuntary manslaughter, in some cases
• rape
• spousal abuse
• child abuse
• incest
• kidnaping
• robbery
• aggravated assault
• mayhem
• animal fighting
• theft
• fraud, and
• conspiracy, attempt, or acting as an accessory to a crime if that crime involved moral turpitude.

Theft is one of the categories. However, I'm hoping that his charge of theft under $200 and a $100 ticket for marijauna is considered less than the others listed. I don't see how that can be comparable to rape or murder, and it was like 27 years ago.

Edited November 10, 2014 by John n Christine

[Zombie69 363]

My fiancé has a minor record over 25+ years old. The attorney states we will be denied and then need to submit a 601 waiver. Does anyone have experience in this, and what was the outcome? We are panicking. Our interview is coming up and we are prepared for the denial. Just trying to get a feel for our chances on the 601.

Anyone have any words of encouragement?

I got two misdemeanors, and I was found inadmissible at the interview, and was requested a 601 waiver. We filed it in April and we got approved in November this year. The key to the waiver approval is to prove that you will suffer extreme hardship if your fiancee is denied. My spouse is elderly and he has extreme medical condition. It was easy for us to prove the hardship, you have to have positive factors outweighing negative ones in addition to extreme hardship you will face if your fiancee is deported. It all depends on how strong your arguments are about your extreme hardship is. What is the minor record?

[Hypnos 6,576]

Theft is usually considered a CIMT, and the separate offence of marijuana possession means he is ineligible for the "petty offence" exception. A denial is very likely, and you will then be able to file for a waiver at that point.

[Muffino 0]

What do you mean by a minor record? do you mean it was not serious or do you mean she was a minor at the time? If she was a minor at the time then she wouldn't need a waiver at all.

A K-1 visa is technically a non-immigrant visa so a 601 waiver (which is only for immigrant visas) is incorrect. The standard for a non-immigrant visa is not extreme hardship but it's different (recency, rehabilitation, etc). And a marijuana conviction is extremely serious and the chances of getting a waiver are very low and not worth the effort. You're better off getting married and applying for a CR-1 visa waiver which then means you can do a 601 waiver and the standard is extreme hardship.

I'm going to guess your attorney is located in the U.S. and doesn't have much experience with visas. I suggest you consult an attorney that has experience with visas and has experience with waivers. The attorney should ideally be preparing you for the waiver a year in advance to increase your chances of getting the waiver.

[John n Christine 0]

Minor as in low level crime. It was our understanding that due to the length of time that has passed we were advised not to do hardship

Edited November 11, 2014 by John n Christine

[John n Christine 0]

I got two misdemeanors, and I was found inadmissible at the interview, and was requested a 601 waiver. We filed it in April and we got approved in November this year. The key to the waiver approval is to prove that you will suffer extreme hardship if your fiancee is denied. My spouse is elderly and he has extreme medical condition. It was easy for us to prove the hardship, you have to have positive factors outweighing negative ones in addition to extreme hardship you will face if your fiancee is deported. It all depends on how strong your arguments are about your extreme hardship is. What is the minor record?

How old were your charges?

[raven52 233]

OK..,.,.,.,OP..,.,.YOU NEED TO READ THIS! I had a "bad" problem over 25 years ago, and is on the list listed on this thread. I had my current attorney """THEN"" and a current attorney submit letters on their letter heads, stating what happened and when, and that ""NO domestic abuse happened"".,.,.,., and I never hit a woman, or abused any, nor committed any crime of selling a woman into "bondage".,..,.,and filed the K-1, and said ""NO"" on all question regarding criminal records, but sent both attorney's letters, explaining what happened, and the out come.,.,.,.,.,.,""THERE WAS NEVER ONE QUESTION OF ANYTHING CONCERNING THIS ACT, I COMMITTED"".,.,..,.,.not one!

Just be up front and honest, and as long as "NO domestic abuse, nor 'pot' convictions, or 3 DUI's".,.,.,.,.,do not see a problem!

Was not mentioned to us.,.,.,.not one word!

[Zombie69 363]

How old were your charges?

Two misdemeanors separately in 2007, and 2010

[ashleyphilly 70]

What do you mean by a minor record? do you mean it was not serious or do you mean she was a minor at the time? If she was a minor at the time then she wouldn't need a waiver at all.

A K-1 visa is technically a non-immigrant visa so a 601 waiver (which is only for immigrant visas) is incorrect. The standard for a non-immigrant visa is not extreme hardship but it's different (recency, rehabilitation, etc). And a marijuana conviction is extremely serious and the chances of getting a waiver are very low and not worth the effort. You're better off getting married and applying for a CR-1 visa waiver which then means you can do a 601 waiver and the standard is extreme hardship.

I'm going to guess your attorney is located in the U.S. and doesn't have much experience with visas. I suggest you consult an attorney that has experience with visas and has experience with waivers. The attorney should ideally be preparing you for the waiver a year in advance to increase your chances of getting the waiver.

. As far as I know, K1 visa holders can file I 601 waiver. Just look at the waiver sheet itself: it says that K1 visa holders can file it due to extreme hardship. And there are members in visajourney who have filed it