212 d 3 waiver for criminal history

[HansUS 0]

Hello ,

 

my friend attended h4 visa interview and was refused due to criminal history ( grand theft -shoplifting) the officer refused and said he is inadmissible to us and can apply for waiver .

 

He took another interview date - and asked for a recommendation for waiver to be sent to ARO . The officer refused to forward the waiver application. -Note :prepared a waiver application through  an attorney. 
 

I don’t understand why was the application refused ? There was no overstay , no deportation .  He wants to go on a dependent visa . 
what are the options now ? I really would appreciate any help in moving forward. If there are any similar stories please do share . It will give hope . 
looking forward for a reply .

 

thank you 

[Pinkrlion 2,724]

Considered a Crime of Moral Turpitude so ineligible for H4 visa

[HansUS 0]

Thank you for your reply . Baes on the consideration of being ineligible for h4 visa bcoz of CIMT , he is still eligible for a waiver . But the us consulate refuses to recommend his application to the ARO . Is there anything else he can do ? Or any other method to apply for a waiver ? 

[powerpuff 6,730]

~ Moved from US immigration News to Waivers forum - this has to do with obtaining a waiver ~

[Boiler 45,662]

D3 waiver is submitted by the CO not prepared by a Lawyer.

 

Not sure what is going on but assume something has been lost, you need to clarify with your friend what happened.

 

 

[jan22 3,056]

He is eligible to ask for/seek a waiver; that doesn't mean he will be recommended for or receive one.  The first step in the process is for the Consular officer to recommend the waiver for approval.  If it is not recommended, it does not move forward to ARO, which has the final authority to approve/disapprove it even with a recommendation to approve.  There is no other action on the waiver if  consular does not recommend it.  The consular officer considers a broad spectrum of information to decide on recommending a waiver or not -- seriousness of the crime, how recently the crime was committed, injury/damage to people or property, the support available to help the person not repeat his/her actions, etc.