Lawyer for waiver

[FrecklePrincess 4]

Hello,

I've been contacting different lawyers but they all seem to be too busy to take new cases (Allan Lolly and Lizz Cannon). Now I found Law Offices of Michael Cho and he is with 3.000$ extremely cheap and says that almost all of his cases get approved. Have anyone heard of him before?

I was arrested but not convicted but never declared that on my ESTA in the past (I was stupid and never looked up the wording that you are still supposed to disclose that). Now my fiancé and me applied for a K1 and I found out that I obviously misrepresented myself and very likely will get a life time ban.

While I think waivers for other cases are a little easier to get I don't want to get a lawyer just because he is cheap for a case of misrepresentation.

Thank you for your help!

[EM_Vandaveer 2,370]

As much as you should have disclosed it and will definitely have to disclose it when you apply for your K-1, this might not come up at all. Obviously a consultation with a lawyer is useful, but if I were you I would not hire one just yet. I'd wait with that until the visa is actually denied based on misrepresentation (which may or may not happen).

[EM_Vandaveer 2,370]

Also WHAT were you arrested but not convicted for?

The question on the ESTA application reads

"B) Have you ever been arrested or convicted for an offense or crime involving moral turpitude or a violation related to a controlled substance; or have been arrested or convicted for two or more offenses for which the aggregate sentence to confinement was five years or more; or have been a controlled substance trafficker; or are you seeking entry to engage in criminal or immoral activities?"

So if it was NOT a CIMT (crime involving moral turpitude) and it was not drug related either, you are in luck, as you did not misrepresent.

[canadian_wife 1,791]

It will largely depend on what the arrest was for. EM is correct, can you tell us what the arrest was for?

Good luck

[blondedoc 35]

Well... I had a rare condition and my lawyer resolved.

I got a solo I-212 and it was approved. He filled that exactly when we filed our I-30 and it was approved 15 days after my interview, so we had a "regular" waiting time for an I-30, even with an I-212.

If you want my lawyer contact, PM me.

Good luck

[FrecklePrincess 4]

Also WHAT were you arrested but not convicted for?

The question on the ESTA application reads

"B) Have you ever been arrested or convicted for an offense or crime involving moral turpitude or a violation related to a controlled substance; or have been arrested or convicted for two or more offenses for which the aggregate sentence to confinement was five years or more; or have been a controlled substance trafficker; or are you seeking entry to engage in criminal or immoral activities?"

So if it was NOT a CIMT (crime involving moral turpitude) and it was not drug related either, you are in luck, as you did not misrepresent.

I'm sorry I should've been more specific. I'm afraid it actually is pretty sure going to be a problem. I have to disclose the police clearances from all countries I've been living in. I spent 10 months in Australia (6 years ago). And it says there "unauthorized dealing with shopping good (150AUD or less)" and that it was "proven without conviction. Released on entering recognizance of 200AUD to be of good behavior for 6 months".

I was extremely stupid back then. It was a 5dollar mascara. I never did that before or afterward and regretted it. My English was terrible back then and everyone told me that it wasn't gonna be in my records but obviously it is.

So what I know now is that I would've had to disclose it when getting an ESTA or a visa (I got a J1 visa 2 years after that). I was young and thought that the US can see those records and would deny me if it was bad. As I said I didn't research anything and was just stupid.

[EM_Vandaveer 2,370]

I'm sorry I should've been more specific. I'm afraid it actually is pretty sure going to be a problem. I have to disclose the police clearances from all countries I've been living in. I spent 10 months in Australia (6 years ago). And it says there "unauthorized dealing with shopping good (150AUD or less)" and that it was "proven without conviction. Released on entering recognizance of 200AUD to be of good behavior for 6 months".

I was extremely stupid back then. It was a 5dollar mascara. I never did that before or afterward and regretted it. My English was terrible back then and everyone told me that it wasn't gonna be in my records but obviously it is.

So what I know now is that I would've had to disclose it when getting an ESTA or a visa (I got a J1 visa 2 years after that). I was young and thought that the US can see those records and would deny me if it was bad. As I said I didn't research anything and was just stupid.

Do you mean it was shoplifting? Sorry, I am not sure what "unauthorized dealing with shopping good" is.

[Merrytooth 5,748]

http://www.legalaid.qld.gov.au/Find-legal-information/Criminal-justice/Offences/Shoplifting-not-paying-and-property-damage

I think it is shoplifting

[FrecklePrincess 4]

Do you mean it was shoplifting? Sorry, I am not sure what "unauthorized dealing with shopping good" is.

Sorry, yes it is. I just used the wording they used in my police clearance to not say something wrong.

[EM_Vandaveer 2,370]

Like I said this may or may not get your visa denied for misrepresentation. As for as the (apparent) conviction itself, it likely qualifies for the petty crime exception in terms of getting the visa with a police record, provided this is your one and only record.

[FrecklePrincess 4]

Like I said this may or may not get your visa denied for misrepresentation. As for as the (apparent) conviction itself, it likely qualifies for the petty crime exception in terms of getting the visa with a police record, provided this is your one and only record.

Yes it is my only one, but I was still supposed to always disclose it and I didn't.

Obviously every case is different but I read on several pages that even petty crime would've needed to be disclosed when I was applying for a visa.

Thanks everyone for your help and input!

[EM_Vandaveer 2,370]

Like I said denial for misrep is possible, I was mentioning the petty crime exception in terms of denial of the visa for the crime itself (which is usually a possibility).

Definitely consult a lawyer, it's just that there isn't anything they can do, really, until you actually have the denial. So you have to go through the process and get denied first in order to be able to file a waiver.

Edited July 14, 2016 by EM_Vandaveer

[squareleg 69]

Likely denial for misrepresentation. Lawyer probably won't be able to help until after a denial.

The story doesn't add up. You say $3,ooo is "extremely cheap" but you shop lifted $5 item.

[Cathi 5,617]

Likely denial for misrepresentation. Lawyer probably won't be able to help until after a denial.

The story doesn't add up. You say $3,ooo is "extremely cheap" but you shop lifted $5 item.

$3000 is extremely cheap to retain a lawyer for a waiver. The OP is looking for advice, not judgments.

[SunflowerSweet 1,321]

Likely denial for misrepresentation. Lawyer probably won't be able to help until after a denial.

The story doesn't add up. You say $3,ooo is "extremely cheap" but you shop lifted $5 item.

$3,000 is cheap for a lawyer in OP's situation.

I'm not sure what that has to do with the price of mascara..

Edited July 15, 2016 by MorganandMichael