Visa refusal because of conviction a crime, what to do?

[kotkanapowy 0]

Hi there!

 

My husband and I have won Green Card Loterry 2021. He was the main applicant. 15th of July we had interwiev in American Embassy. They refused our visa application because my husband has been ineligible under section 212(a)(2)(A) - conviction a crime. We knew refuse is possible in our case. As far as I know this conviction can be considered as a CIMT.  We have been told that we are eligible for a waiver of the grounds of ineligibility. But we have to fill forms I-601 and I-212. The document we received says that we should take actions within one year of interwiev date. So, I have a lot of questions because of this situation... 

 

1. I know we have to fill form I-601, but do we have to fill both (I-601 and I-212) forms even if we have not been deported?

2. If we fill that forms, is it really important that 15 years have passed since the crime was committed? Or can we submit this application earlier?

3. Do we need attorney or we can do it by ourselves? 

4. Do we have a real chance for our case to be reviewed until September 30? This is the deadline of GC Lottery 2021. I heard it could go on for several months. If not, do we have to start this procedure again? (DV Lottery, interwiev, refuse and I-601 form).

5. Is it possible for us (and if yes - how?) to apply tourist visa to United States? I think my husband is banned from entering the US even for tourist purposes..

 

Green Card was our biggest dream and I really don't know what to do now. I will be grateful for any answer!

 

 

[Mike E 11,723]

I believe the best answer to this is (3) : get an an experienced, licensed immigration attorney with competence in filing waivers.  
 

If you have just a year to overcome this obstacle then I don’t think the DIY approach works.  

[arken 4,197]

Looks like time for a lawyer but i see no success. My understanding is 15 years has to be passed from the crime date for waiver unless you have a qualifying relative (USC or LPR spouse, parents, sons/daughters) in the US who would face extreme hardship without your immigration.

[Boiler 43,433]

I agree with the Lawyer especially with such a short time window.

[SusieQQQ 11,584]

To still be eligible for DV2021 you need this to be resolved in time for a visa to be issued by 30 September. I believe that is a very unrealistic timeframe.

[SalishSea 16,770]

4 hours ago, kotkanapowy said:

Hi there!

 

My husband and I have won Green Card Loterry 2021. He was the main applicant. 15th of July we had interwiev in American Embassy. They refused our visa application because my husband has been ineligible under section 212(a)(2)(A) - conviction a crime. We knew refuse is possible in our case. As far as I know this conviction can be considered as a CIMT.  We have been told that we are eligible for a waiver of the grounds of ineligibility. But we have to fill forms I-601 and I-212. The document we received says that we should take actions within one year of interwiev date. So, I have a lot of questions because of this situation... 

 

1. I know we have to fill form I-601, but do we have to fill both (I-601 and I-212) forms even if we have not been deported?

2. If we fill that forms, is it really important that 15 years have passed since the crime was committed? Or can we submit this application earlier?

3. Do we need attorney or we can do it by ourselves? 

4. Do we have a real chance for our case to be reviewed until September 30? This is the deadline of GC Lottery 2021. I heard it could go on for several months. If not, do we have to start this procedure again? (DV Lottery, interwiev, refuse and I-601 form).

5. Is it possible for us (and if yes - how?) to apply tourist visa to United States? I think my husband is banned from entering the US even for tourist purposes..

 

Green Card was our biggest dream and I really don't know what to do now. I will be grateful for any answer!

 

 

Under what grounds would you  be eligible for a waiver though?  Just because it's a "dream" to have a GC, does not mean not getting one will cause hardship to an eligible relative.

 

Sometimes permanent inadmissibility to the US is a consequence of crime.

[kotkanapowy 0]

3 hours ago, Jorgedig said:

Under what grounds would you  be eligible for a waiver though?  Just because it's a "dream" to have a GC, does not mean not getting one will cause hardship to an eligible relative.

 

Sometimes permanent inadmissibility to the US is a consequence of crime.

I am aware this consequences. That's why I am asking. 

This is document we get from Consular Officer in Embassy. He checked we are eligible for waiver. 

 

 

I read instructions for form I-601 at USCIS website and it says "...or if the crime was a CIMT, but you committed only one CIMT, for which the maximum possible sentence is 1 year or less of imprisonment, and the actual sentence you received was 6 months or less". That is true for my husband sentence, but in our country's law. There is something like expunge of criminal record, so he could get certificate of no criminal record. But I know it doesn't work in american law. 

 

Instruction for this form says also "At least 15 years have passed since the activity or event that makes you inadmissible, you have been rehabilitated, and your admission to the United States will not be contrary to the national welfare, safety, or security". If 15 years had passed, we would have had a better chance of success. But does the fact that 15 years have not passed yet mean that there are no such chances at all?

[kotkanapowy 0]

4 hours ago, SusieQQQ said:

To still be eligible for DV2021 you need this to be resolved in time for a visa to be issued by 30 September. I believe that is a very unrealistic timeframe.

I'm afraid about this. So, If we don't make it until September 30, do we have to start everything again? 

[kotkanapowy 0]

8 hours ago, arken said:

Looks like time for a lawyer but i see no success. My understanding is 15 years has to be passed from the crime date for waiver unless you have a qualifying relative (USC or LPR spouse, parents, sons/daughters) in the US who would face extreme hardship without your immigration.

We haven't any relative in US..

 

The more I read about it, the more our situation seems hopeless. Due to the late interview, we don't have time for any action. The only one seems to wait until 15 years have passed. But that would mean we'll have to start over in a few years.

[Boiler 43,433]

If you had won you could have got yours and then sponsored him and you would be able to file a waiver 

[SusieQQQ 11,584]

2 hours ago, kotkanapowy said:

I'm afraid about this. So, If we don't make it until September 30, do we have to start everything again? 

Well, you will have lost your chance at DV. I’m not sure what you mean by start everything again… enter the lottery again and hope to be selected again?

[SusieQQQ 11,584]

2 hours ago, kotkanapowy said:

There is something like expunge of criminal record, so he could get certificate of no criminal record. But I know it doesn't work in american law. 

By the way for US immigration purposes you have to declare any convictions ever,  even if expunged in your home country.

[SalishSea 16,770]

3 hours ago, kotkanapowy said:

We haven't any relative in US..

Which is why you are not eligible for a waiver

[retheem 553]

13 hours ago, kotkanapowy said:

Hi there!

 

My husband and I have won Green Card Loterry 2021. He was the main applicant. 15th of July we had interwiev in American Embassy. They refused our visa application because my husband has been ineligible under section 212(a)(2)(A) - conviction a crime. We knew refuse is possible in our case. As far as I know this conviction can be considered as a CIMT.  We have been told that we are eligible for a waiver of the grounds of ineligibility. But we have to fill forms I-601 and I-212. The document we received says that we should take actions within one year of interwiev date. So, I have a lot of questions because of this situation... 

 

1. I know we have to fill form I-601, but do we have to fill both (I-601 and I-212) forms even if we have not been deported?

2. If we fill that forms, is it really important that 15 years have passed since the crime was committed? Or can we submit this application earlier?

3. Do we need attorney or we can do it by ourselves? 

4. Do we have a real chance for our case to be reviewed until September 30? This is the deadline of GC Lottery 2021. I heard it could go on for several months. If not, do we have to start this procedure again? (DV Lottery, interwiev, refuse and I-601 form).

5. Is it possible for us (and if yes - how?) to apply tourist visa to United States? I think my husband is banned from entering the US even for tourist purposes..

 

Green Card was our biggest dream and I really don't know what to do now. I will be grateful for any answer!

 

 

Sorry, try next time

[Diane and Chris 651]

2 hours ago, retheem said:

Sorry, try next time

Try next time for what?