CAN I GET APPROVED VISA WITH I-194 WAIVER? (merged)

[JCHUNG 1]

Hi guys, I was issued a 5 year waiver (I-194) and I was wondering what to expect for my up and coming visa interview scheduled for next month. Since I do not have and never did have a criminal record will they issue my spousal green card if I meet all requirements or will they refuse me and tell me to file the i 601 waiver and approve me once that waiver has been completed. I had the waiver for grounds of “moral turpitude” nothing serious and no criminal record.

[Boiler 45,658]

I would anticipate you will be asked to file a I 601

[JCHUNG 1]

Hello, i am currently on a i-194 waiver it is good for 5 years and it is for prostitution. I have never been charged for prostitution but I admitted to doing it in my past and that is why i had to get a waiver. Fast forward i met my husband he is american we are married and have children, we completed the process for me to migrate to the states and now i have a visa interview. My questions are will I be sent back for a i601 waiver at my interview? If yes how do I prove extreme hardship for something like prostitution. I have seen online that for prostitution you do not need to prove extreme hardship , is this true or false? 

[JCHUNG 1]

@Boiler thank you for the reply , sigh was hoping that I wouldn't need one since what I have a waiver for I have never been charged for but simply admitted to doing it in my past which is the only reason I needed the waiver 

[Boiler 45,658]

Depends on the timeline, my recollection is that it has to be within the last 10 years.

 

If you need a waiver then most well prepared waivers are approved, justs adds time and money.

[SalishSea 17,927]

20 minutes ago, JCHUNG said:

@Boiler thank you for the reply , sigh was hoping that I wouldn't need one since what I have a waiver for I have never been charged for but simply admitted to doing it in my past which is the only reason I needed the waiver 

Waivers for immigrant visas are different.  Your best bet is a well written waiver request.  You need an attorney.

[JCHUNG 1]

@Boiler thanks for reply& info!

[Ontarkie 14,275]

~~Duplicate threads merged. Please only start one thread for the same topic.~~

[Family 4,025]

https://www.uscis.gov/sites/default/files/err/H2 - Waiver of Inadmissibility - Criminal - 212 (h)/Decisions_Issued_in_2015/MAY272015_01H2212.pdf
 

If you are interviewing at the Consulate, then they will find you inadmissible and you will require the I-601. Since it requires that 10 years pass between the last time of the act and date of application ( in your case the date is what you admitted to ) ,..if it’s less than ten years since the finding of inadmissibility, you would need to ask for discretion and pile up the positives of your life .

 

The link I sent you is an AAO decision ( I-601 was denied , appealed and won on appeal)will give u lots of insights . In this case, it was deemed that “ admitting “ to two separate acts did not  constitute engaging in..

Hardship to ur husband can be medical or psychological. 

[Family 4,025]

Assuming they give u a Refusal Letter with the finding and they tell you file I-601 ..it’s absolutely worth challenging the consulate and fight to overcome it…before you file I-601 . It’s done through emails between your attorney and consulate. 

[JCHUNG 1]

@Family thank you for all of that info. The only difference I see is that that woman was actually charged with prostitution. I have never been so i was hoping they would over look that but maybe not . 

[Family 4,025]

She was arrested and charged , yes AND she admitted AND she WON!!! What is your question..?
BUT you are facing the Consulate….and they don’t have the same constraints as USCIS  

[JCHUNG 1]

@Family my question was would they would still send me for a i601 where in my case i was never charged or arrested for prostitution just simply admitted doing it in my past. Do they have the power/discretion to issue me the visa based on the fact i wasn't charged arrested etc.. or will they 100% send me to get a i601

[Family 4,025]

Even if you don’t change the Consulates position , you get the I-601 ready and file it if inadmissibility stands. You should not have any problems getting waiver. 

[Boiler 45,658]

Devil is in the details, how did this arise when did this arise