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JEANIEW

review by washington

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Posted (edited)

Hello I had my I 601 approved for marijuana/prostitution  arrest in 1985 Then they said.I  had an old arrest in 1986  for prostitution Meaning second prostitution arrest

but no conviction 

 

I have now been told i need another waiver for being arrested twice for prostitution but the later arrest had no conviction

 

My lawyer wrote to them and said i have no conviction to be inadmisable for and they said they were sending my case to washington  visa office for review.

 

Has anyone heard of this before to turn over refusal by consulate officer?

Edited by JEANIEW
typos

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I have never heard of a current applicant having a prosecution from 1885. Typo?

 

My first thought would be if all they needs is reason to believe like drugs and 2 arrests could well fall into that category.

 

 


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Posted (edited)

As for prostitution, since it was more than 10 years ago, you shouldn't need a waiver.  If I understand this right? 

 

"Any person coming to the United States to engage in prostitution, or any person who has engaged in prostitution within ten years of 
his or her application for a visa, adjustment of status, or entry into the United States, is inadmissible. This section also applies to those who have 
made a profit from prostitution. "

Edited by Roel

K1

29.11.2013 - NoA1

06.02.2014 - NoA2

01.04.2014 - Interview. 

AoS

03.2015 - AoS started.

09.2015 - Green Card received.  

RoC

24.07.2017 - NoA1.

01.08.2018 - RoC approved. 

 

 

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My uneducated reading of the issues (agree with Roel on the 10 years, and with your lawyer that the “multiple” requirement for waiver refers to convictions not arrests) implies the advisory opinion from DC should come out in your favor, assuming there are no other facts we do not know. Good luck, and please update the thread once you have it.

 

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38 minutes ago, SusieQQQ said:

My uneducated reading of the issues (agree with Roel on the 10 years, and with your lawyer that the “multiple” requirement for waiver refers to convictions not arrests) implies the advisory opinion from DC should come out in your favor, assuming there are no other facts we do not know. Good luck, and please update the thread once you have it.

 

Thankyou They refused my visa because of two arrests and now going to DC as no conviction Do you know on average how long this takes? 

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Is the Drugs conviction now a non issue?


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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9 hours ago, JEANIEW said:

Hello I had my I 601 approved for marijuana/prostitution  arrest in 1985 Then they said.I  had an old arrest in 1986  for prostitution Meaning second prostitution arrest

but no conviction 

 

I have now been told i need another waiver for being arrested twice for prostitution but the later arrest had no conviction

 

My lawyer wrote to them and said i have no conviction to be inadmisable for and they said they were sending my case to washington  visa office for review.

 

Has anyone heard of this before to turn over refusal by consulate officer?

 

9 hours ago, JEANIEW said:

Hello I had my I 601 approved for marijuana/prostitution  arrest in 1985 Then they said.I  had an old arrest in 1986  for prostitution Meaning second prostitution arrest

but no conviction 

 

I have now been told i need another waiver for being arrested twice for prostitution but the later arrest had no conviction

 

My lawyer wrote to them and said i have no conviction to be inadmisable for and they said they were sending my case to washington  visa office for review.

 

Has anyone heard of this before to turn over refusal by consulate officer?

Uk police clearance says you have another arrest ?

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9 hours ago, JEANIEW said:

Hello I had my I 601 approved for marijuana/prostitution  arrest in 1985 Then they said.I  had an old arrest in 1986  for prostitution Meaning second prostitution arrest

but no conviction 

 

I have now been told i need another waiver for being arrested twice for prostitution but the later arrest had no conviction

 

My lawyer wrote to them and said i have no conviction to be inadmisable for and they said they were sending my case to washington  visa office for review.

 

Has anyone heard of this before to turn over refusal by consulate officer?

consular told you thant you need another waivier?

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9 hours ago, JEANIEW said:

Thankyou They refused my visa because of two arrests and now going to DC as no conviction Do you know on average how long this takes? 

I believe it can be a few months, but not 100% sure.

 

9 hours ago, Boiler said:

Is the Drugs conviction now a non issue?

First post said that was covered under the already-approved  waiver.

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12 hours ago, JEANIEW said:

I have now been told i need another waiver for being arrested twice for prostitution but the later arrest had no conviction

What was the disposition of the arrest?


Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/24/18: Green card produced notice

10/25/18: Formal approval

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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14 hours ago, Roel said:

As for prostitution, since it was more than 10 years ago, you shouldn't need a waiver.  If I understand this right? 

 

"Any person coming to the United States to engage in prostitution, or any person who has engaged in prostitution within ten years of 
his or her application for a visa, adjustment of status, or entry into the United States, is inadmissible. This section also applies to those who have 
made a profit from prostitution. "

Thankyou My issues were 33 years ago I received an approved waiver for my 1985 arrest I just got probation on the 1986 one and then it was dismissed Very grateful for your reply

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14 hours ago, Boiler said:

I have never heard of a current applicant having a prosecution from 1885. Typo?

 

My first thought would be if all they needs is reason to believe like drugs and 2 arrests could well fall into that category.

 

 

Thankyou Yes I understand basically I have an approved waiver for my marijuana arrest I had 3 grams The second arrest 1986 I was arrested but not charged I was given probation and case was dismissed My lawyer said that with no conviction I should not be found inadmissible The new waiver I believe is not for prostitution itself but for multiple arrest They said I need go back for another waiver After my layer disagreed that I do not need a waiver they wrote back and said they were sending my case to Visa unit in Washington Do you know what happens in Washington?  

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14 hours ago, SusieQQQ said:

My uneducated reading of the issues (agree with Roel on the 10 years, and with your lawyer that the “multiple” requirement for waiver refers to convictions not arrests) implies the advisory opinion from DC should come out in your favor, assuming there are no other facts we do not know. Good luck, and please update the thread once you have it.

 

Thankyou so much ! They said the waiver I need is for a 2A1 finding The waiver I received is for a 2A2 finding. It’s being arrested twice for prostitution I was guilty in 1985 and paid a fine 

in 1986 did not plead guilty but got 6 months probation and then dismissed 

 

My lawyer believes this is not a conviction and therefor not reason to need a waiver The Embassy then said they were sending the case to Washington Do you know what happens in Washington? 

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