Refusal 212(a)2a(i)

[JA2VA 0]

Finally found out why k1 was refused the letter from embassy mentions 212(a)2(A)(i) which says general criminal history (my fiance' had an assault charge where he paid 10000JMD fine or 6 months imprisonment He did not do any jail time and was two year ago that was expunged).  The letter mentioned filing a waiver which is $930 form 601.  Do I need an attorney now?    Or should we get just married wait and reapply for CR1 or either way we would have to file the waiver 601? It was a minor crime but guess considered moral turpitude? the INA says certain amount time has to pass for some violations but those crime were habitual offenders or a year or more jail time. Any advice please??

[Crazy Cat 39,938]

Getting married and filing for CR-1 will not solve the issue.

[Ben&Zian 4,397]

Like @missileman said. Just marrying and doing spousal visa doesn't fix any of the underlying issues. You need to still deal with the apparent inadmissability he has because of prior charge.

[JA2VA 0]

there is now 221g in passport...guess i will seek attorney and file waiver 

[Pinkrlion 2,617]

This is why I advise not to listen to those outside of your embassy after you receive your NOA2, the process is different and I believe someone told you that refused means approval, which was very WRONG!!!

 

@JawareeCan you advise this person on who to speak with for a consult, I believe her name is Liz Cannon????

 

Check out the waiver section on VJ and how to file a waiver.  

[geowrian 22,336]

As noted above, it sounds like he is inadmissible due to a CIMT. This inadmissibility needs to be overcome no matter what path you try to do...so marrying and doing a CR-1 would just set you back 12-14 months compared to doing the waiver now.

 

The exact charge and circumstances of the criminal activity are very important here. I would suggest at least getting a consultation with an immigration attorney that is experienced with criminal inadmissibility waivers. The I-601 is very broad and covers a lot more than criminal inadmissabilities, so be sure the attorney doesn't just have experience with the form or waivers in general. Ask questions.

[Alabamak1 688]

@JA2VA yes you need an immigration attorney for this matter. in any case....immigration is practiced nationwide, so even if you live in another state than the attorney...they can help you. www.aila.org  is your best start or PM and i can tell you who i have used in the past

[SashaFiERCE24 23]

14 hours ago, JA2VA said:

Finally found out why k1 was refused the letter from embassy mentions 212(a)2(A)(i) which says general criminal history (my fiance' had an assault charge where he paid 10000JMD fine or 6 months imprisonment He did not do any jail time and was two year ago that was expunged).  The letter mentioned filing a waiver which is $930 form 601.  Do I need an attorney now?    Or should we get just married wait and reapply for CR1 or either way we would have to file the waiver 601? It was a minor crime but guess considered moral turpitude? the INA says certain amount time has to pass for some violations but those crime were habitual offenders or a year or more jail time. Any advice please??

From my understanding only way you would need a waiver is if he was convicted of the crime..when you got the police report did it say that he was not found in the criminal data base ? Also did he get a disposition letter from the court stating he was subsequently discharged ?

Edited March 24, 2018 by SashaFiERCE24

[Maria1989 403]

If a waiver is available don’t they usually tell you after the interview? I would suggest a Immigration attorney. But it seems as if she if doesn’t do something right away her appeal time period will lapse and she will need to re-file again and then seek a waiver. 

 

Did he disclose this information on his petition, I believe the DS-160 asks for this information and given that I’m sure you knew this would be an issue did he not present the certified documents saying that it was expunged from his record at the time of the interview? Just wondering if the Consular Officer still refuses after seeing those documents.

[Jeanne Adil 1,651]

Espunged ?  

 

past tense: expunged; past participle: expunged

1. erase or remove completely (something unwanted or unpleasant).

    

   if this showed up on his criminal report it was not esponged

   consider the fact he may not be honest with you

   and you want to marry someone who has an assalt charge?  you are opening your door to a conficted felon

    

   Join a dating site and look for a better mate/  what the embassy did is save you from future issues as is their job

    

   I may be the only one who dares to say this but it always amazes me when someone is willing to go the distance for someone with a criminal or drug use issue and do the waiver which takes a long time and may in the long run be denied leaving the USC attached with a hard and expensive road of waiver fees,  refiling fees,  divorce proceedure

   Really wishing you the best but use your head

Edited March 24, 2018 by adil-rafa

[EM_Vandaveer 2,377]

Expunged does not matter anyway for immigration purposes.

I hope his criminal charge/conviction was duly disclosed on all applications to begin with.

[NYCruiser 423]

59 minutes ago, adil-rafa said:

Espunged ?  

 

past tense: expunged; past participle: expunged

1. erase or remove completely (something unwanted or unpleasant).

    

   if this showed up on his criminal report it was not esponged

   consider the fact he may not be honest with you

   and you want to marry someone who has an assalt charge?  you are opening your door to a conficted felon

    

   Join a dating site and look for a better mate/  what the embassy did is save you from future issues as is their job

    

   I may be the only one who dares to say this but it always amazes me when someone is willing to go the distance for someone with a criminal or drug use issue and do the waiver which takes a long time and may in the long run be denied leaving the USC attached with a hard and expensive road of waiver fees,  refiling fees,  divorce proceedure

   Really wishing you the best but use your head

There are two very important questions the OP should be asking....:-)

 

1. Did your fiance disclose that he had this situation to you when you two were dating?

2. Was this disclosed in the I-129f or the DS160?

 

If not, there are some more issues.....

[Maria1989 403]

56 minutes ago, adil-rafa said:

Espunged ?  

 

past tense: expunged; past participle: expunged

1. erase or remove completely (something unwanted or unpleasant).

    

   if this showed up on his criminal report it was not esponged

   consider the fact he may not be honest with you

   and you want to marry someone who has an assalt charge?  you are opening your door to a conficted felon

    

   Join a dating site and look for a better mate/  what the embassy did is save you from future issues as is their job

    

   I may be the only one who dares to say this but it always amazes me when someone is willing to go the distance for someone with a criminal or drug use issue and do the waiver which takes a long time and may in the long run be denied leaving the USC attached with a hard and expensive road of waiver fees,  refiling fees,  divorce proceedure

   Really wishing you the best but use your head

I would really disagree with you. You have no idea the exact charges and being less than one year or a fine would probably make it the equivalent of a misdemeanor here. I would be more concerned on if he disclosed it. If it did show up on his criminal background check then he should have taken care of the issue to clear a clear one with the court system if it was indeed expunged. However, it still should have been disclosed. 

 

Further, you really don’t know the circumstances surrounding this incident. My daughter had a theft that was expunged. She was 18 years old at the time with friends and was at Walmart, does that make her a bad person, no, it makes her  a teenager that made a mistake. She is now  raising two kids, educated and making almost as much money as I do. So don’t judge. 

 

People shouldn’t judge especially for some one that did how many petitions? Especially someone with what is it a 20 year + age difference. People could judge you in many ways and tell you to search for man your age, people could judge you in many ways such as not being in child bearing years with a young man. So I don’t think it’s right for you to do that and it’s quite insensitive. 

 

She should look look at her options and decide from there. 

[Boiler 43,877]

28 minutes ago, Maria1989 said:

I would really disagree with you. You have no idea the exact charges and being less than one year or a fine would probably make it the equivalent of a misdemeanor here. I would be more concerned on if he disclosed it. If it did show up on his criminal background check then he should have taken care of the issue to clear a clear one with the court system if it was indeed expunged. However, it still should have been disclosed. 

 

Further, you really don’t know the circumstances surrounding this incident. My daughter had a theft that was expunged. She was 18 years old at the time with friends and was at Walmart, does that make her a bad person, no, it makes her  a teenager that made a mistake. She is now  raising two kids, educated and making almost as much money as I do. So don’t judge. 

 

People shouldn’t judge especially for some one that did how many petitions? Especially someone with what is it a 20 year + age difference. People could judge you in many ways and tell you to search for man your age, people could judge you in many ways such as not being in child bearing years with a young man. So I don’t think it’s right for you to do that and it’s quite insensitive. 

 

She should look look at her options and decide from there. 

Of course we judge, it is called Visa Judgement for a reason.

 

Expunged as has been stated makes zero difference as far as Immigration is concerned.

 

If he did not declare it then that would be a Misrep but both require the same waiver so not a big issue.

 

Obviously there are some people who file their own waivers but does not sound like this would be a situation to do so.

 

You need a Lawyer experience in Waivers, most are not. There are some good ones out there.

 

Seems to be taking about 14 months at the moment, will also need a new medical. Major cost will be the Lawyer fees.

 

If the OP did not know about his criminal past that is another issue but not an immigration one.

[Maria1989 403]

13 minutes ago, Boiler said:

Of course we judge, it is called Visa Judgement for a reason.

 

Expunged as has been stated makes zero difference as far as Immigration is concerned.

 

If he did not declare it then that would be a Misrep but both require the same waiver so not a big issue.

 

Obviously there are some people who file their own waivers but does not sound like this would be a situation to do so.

 

You need a Lawyer experience in Waivers, most are not. There are some good ones out there.

 

Seems to be taking about 14 months at the moment, will also need a new medical. Major cost will be the Lawyer fees.

 

If the OP did not know about his criminal past that is another issue but not an immigration one.

Visa Judgment. Lol that’s too funny. 

 

Yes I agree with the expungement as far as immigration is concerned, which made me to ask most importantly was it disclosed.

 

However the other poster’s Adil comment to tell her to basically discard him like trash and go to another dating website when she herself experienced having to file and refile and go through I think as she described 4 years means she has major issues in her relationship/petition including a MAJOR AGE DIFFERENCE and being out of child bearing years in a country such as Morocco when men marry girls/women 16-24 not 50+....... 

 

Just my opinion tho.......... and as she stated use her head.