Jump to content

22 posts in this topic

Recommended Posts

Filed: F-1 Visa Country: England
Timeline

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
Link to comment
Share on other sites

Filed: K-1 Visa Country: Wales
Timeline

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.”

Link to comment
Share on other sites

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. 

 

 

Link to comment
Share on other sites

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.

 

Link to comment
Share on other sites

*~*~*moved from “bringing family members of LPRs” to “waivers”*~*~*

Timeline in brief:

Married: September 27, 2014

I-130 filed: February 5, 2016

NOA1: February 8, 2016 Nebraska

NOA2: July 21, 2016

Interview: December 6, 2016 London

POE: December 19, 2016 Las Vegas

N-400 filed: September 30, 2019

Interview: March 22, 2021 Seattle

Oath: March 22, 2021 COVID-style same-day oath

 

Now a US citizen!

Link to comment
Share on other sites

Filed: F-1 Visa Country: England
Timeline
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? 

Link to comment
Share on other sites

Filed: K-1 Visa Country: Wales
Timeline

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.”

Link to comment
Share on other sites

Filed: K-1 Visa Country: China
Timeline
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 ?

Link to comment
Share on other sites

Filed: K-1 Visa Country: China
Timeline
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?

Link to comment
Share on other sites

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.

Link to comment
Share on other sites

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:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

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

12/1/16: sent, 12/14/16: 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

 

Link to comment
Share on other sites

Filed: F-1 Visa Country: England
Timeline
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

Link to comment
Share on other sites

Filed: F-1 Visa Country: England
Timeline
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?  

Link to comment
Share on other sites

Filed: F-1 Visa Country: England
Timeline
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? 

Link to comment
Share on other sites

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...