Do you need to renew your US waiver , or does the Green Card eliminate this?

[Confused14 0]

Hello,

We applied for the US visa's back in April 2015 and was approved through USCIS and sent on to the NVC for processing.(Canadian moving to the USA where my spouse is) We have been married 3 years and decided to make a move to the USA vs Canada. We had a little blip and had to resend some info for processing as they apparently did not receive it. I had previously had trouble with the law on one occasion over 10 years ago and had applied and received a waiver back in Feb 2015. It was a one year that would expire in Feb 2016. During this visa process we have asked border services, our immigration lawyer as well as made contact with the embassy as well in regards to whether we would have to renew the waiver to which we were told the Visa would eliminate the need for the waiver therefore it was unnecessary. We are in the final stages of processing and soon to get an interview date but I am concerned that the expired waiver will cause issues. Has anyone with a criminal history been asked at the interview to show a waiver prior to approval? The waiver was valid during our application but as I said just expired a few months ago. I do not know how much of the interview will focus on this issue or even at all but i'd like to be prepared ahead of time as if we need to renew i'd like to do that now as that takes a long time

Thanks

[Harpa Timsah 13,258]

Nonimmigrant waivers are different from immigrant waivers. What was the crime?

[Confused14 0]

It was Fraud under and I only got charged because I did not have proof against it nor did they have proof against me. I only had probation, no jail time. I was approved for the US entry waiver giving me multiple entries to the USA but as I mentioned it expired in Feb 2016. I am worried at the interview this will cause an issue if they ask me for it and its expired however a copy of the waiver was included with all our paperwork sent to USCIS which got approved from there.

[Harpa Timsah 13,258]

You must have applied for a nonimmigrant waiver of some sort, yes? Do you remember the form number? You will need a new waiver for immigrant visas, if you qualify (fraud is a CIMT), but you can only apply after your visa interview, and after you have been denied.

[Confused14 0]

Yes I have the nonimmigrant waiver. Form I 192. You cannot apply for this ahead of time? How long does it take to receive it if you get denied? And will I be denied automatically or will it be a up to them kind of thing? USCIS did not say anything about not being approved based on criminal record so I assumed my waiver was good enough If you do get denied, do you have to start this process all over again while you wait for this new waiver? Thanks for your responses btw

[Harpa Timsah 13,258]

You cannot apply for an immigrant waiver ahead of time, no. You will have to wait for the interview, get denied, then submit the waiver. You don't start all over; the visa just stays pending until the waiver is approved.

Now, that being said, I am not up on all my crimes, so hopefully someone will be along to add some good info.

The actual crime, the sentence, the maximum possible sentence, and all that stuff will matter in determining if you will be denied. Then if you are denied, you will need to determine if your crime qualifies to be waived. Some crimes, like prostitution, are not waiverable.

I am fairly shocked that the gov had no information proving you did your crime but somehow you got a guilty verdict.

Anyway, I don't know much more beyond that. Good luck.

Here, I got this for you: https://www.uscis.gov/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-29/0-0-0-2006.html#0-0-0-202

Edited June 6, 2016 by Harpa Timsah

[Jawaree 717]

Prostitution is waiverable = Hankra

An I-601 waiver is needed for IV even though you had I 192, that expires unless one obtains it under VAWA

you will do the interview then told if you need a waiver, be sure to have the disposition of the case ready for uscis

it will be required,,,Fraud (some) falls under CIMT they will look at the time you could have received if any in the US

by the code you were accused under there

[Boiler 43,434]

An immigrant waiver is a totally different beast compared to a non immigrant visa.

Is this something you will be looking to do yourself or will you be employing a lawyer?

[Confused14 0]

I do have all the documents I needed to file for my original I 192 (court records, police records etc) I do see that the I 601 is different than that. Does anyone know the length it takes to prepare this form and how much it would cost to have a lawyer prepare this form? I know you cannot file it unless you require it after the interview but I want to be ready in case so that this doesn't take much longer as I read some can take over 6 months to be approved

[Boiler 43,434]

It is not a form, a pack might be a better description.

I would think giving a Lawyer a couple of months head start would be needed.

Not sure what the going rate is now, I have seen $5k to $10K mentioned. People do it themselves but it is a lot more work than just applying for an immigrant visa, some are up to it some are not.

[caliliving 606]

i would suggest calling a good waiver lawyer and when you need it have them do it. especially since youa re from canada which is not a third world country.. you need to prove hardship to the US citizen (hardship they would have in moving to canada) and not hardship to you... try lizz cannon she is amazing! one of the best and very nice.. you can wait until your K is denied and then get her to work on it.. i know she is booked up until july 1... or you can try laurel scott, she is the best as well but she charges double lizz and lizz actually worked under her for 9yrs. this waiver isnt a form.. it is indeed a packet usually like 50 pages thick!!! i would not suggest doing this on your own.