Denied a waiver

[Fentoozler 0]

Hello. I committed a petty offence 5 years ago, I have a police records which show this. Last year I took a trip to Vegas without declaring this (I was advised it wasn't a Crime of Moral Turpitude, I now, of course know that it is). Anyway, to cut a long story short, I thought I would try to do everything correctly and get a waiver. I was planning on visiting my fiancee and her family this spring/summer just ahead of starting the K-3 process, so I applied for a tourist visa and went to the Embassy in London with all necessary documentation. After waiting in line in the snow for over an hour, then waiting inside for nearly 4 hours, I had a 5 minute interview with a very polite immigration officer who told me that my 'crime' was no longer really a concern, but the fact I entered the US last year without declaration means I committed 'administrative misprepresenation' (or something) and I would not be considered for a waiver for a further 5 years from the date of the trip. Who says honesty is the best policy.

Now, I know I did something stupid, although I didn't knowingly mislead, I was ignorrantand niave, and chose to believe internet sources rather than ask someone official, but how will this 'denial' affect any subsequent K-3 application, or could a good attorney make any difference? Five years is a long time to wait.

Please advise what you think my options are. Many thanks.

[Boiler 43,631]

Hello. I committed a petty offence 5 years ago, I have a police records which show this. Last year I took a trip to Vegas without declaring this (I was advised it wasn't a Crime of Moral Turpitude, I now, of course know that it is). Anyway, to cut a long story short, I thought I would try to do everything correctly and get a waiver. I was planning on visiting my fiancee and her family this spring/summer just ahead of starting the K-3 process, so I applied for a tourist visa and went to the Embassy in London with all necessary documentation. After waiting in line in the snow for over an hour, then waiting inside for nearly 4 hours, I had a 5 minute interview with a very polite immigration officer who told me that my 'crime' was no longer really a concern, but the fact I entered the US last year without declaration means I committed 'administrative misprepresenation' (or something) and I would not be considered for a waiver for a further 5 years from the date of the trip. Who says honesty is the best policy.

Now, I know I did something stupid, although I didn't knowingly mislead, I was ignorrantand niave, and chose to believe internet sources rather than ask someone official, but how will this 'denial' affect any subsequent K-3 application, or could a good attorney make any difference? Five years is a long time to wait.

Please advise what you think my options are. Many thanks.

5 years is the length of the ban.

You need a waiver for the ban, I-192 I think for a Visitors Visa. Not sure you would get one.

But you will need a waiver for the K3 anyway, so I would fast track that.

[blueblue 0]

I haven't heard of any bar for filing a waiver based on misrep. Nor does a CIMT 'go away' as a need to file a waiver. Under current US law, from what I have seen, there is no recognition of rehabilitation or statute of limitations on CIMT as far as the need to file a waiver, but good behavior since then can be used to support your argument that they should approve the waiver.

Bottomline, it appears that you will likely be asked to file an I601 (would resolve both misrep and CIMT) waiver after your K3 application gets to London. The good news is that London is one of the few places that timely and fairly processes waivers and approves a large percentage, as long as it is well prepared and fully documented.

If you wanted to try the visitor visa again, you would likely need to also file an I-192 (also would resolve misrep and CIMT) for a non-immigrant waiver. Not sure the processing time or approval rate for that in London. But report back if you try it and how it works out.

BTW, asking someone official - as in someone at the embassy or USCIS isn't the best source of information either. A good attorney is your best bet.

[Fentoozler 0]

Thank you both for your replies. I did see an Attorney after the Vegas trip, but we're talking mega-bucks for a London based one. US based attorneys seem far more reasonable. I guess this is just another case of 'rip-off-Britain'.

Would a K-1 visa be a better route? Getting married in the UK or in the Carribean is not a problem for us if it means we could be together sooner.

Also, it may not be the done thing in a forum, but could anyone recommend a good attorney who specialises in waivers etc? I have looked on the web, but, as you would expect, each one of them promoted themselves very well, but word of mouth would be better. I do have funds to cover this if I would be confident in their abilities and results.

Many thanks again.

[kitkat1 5]

You'd be facing a waiver with a K1 or K3.

Highly recommended lawyer is Laurel Scott - www.visacentral.net

Check www.immigrate2us.net for help and information on waives and hardship letters.

[Boiler 43,631]

You'd be facing a waiver with a K1 or K3.

Highly recommended lawyer is Laurel Scott - www.visacentral.net

Check www.immigrate2us.net for help and information on waives and hardship letters.

Ditto the above.

K1 should be quicker as you can file now, a K3 requires you to get married first.

[DA BOMB 1]

My guy came over in the VWP for 3 months and didnt declair his possession because he was never arrested or even went to court so he never knew he HAD a record! Will this be an issue? The more I read these posts the more freaked out I get.