Denied London Embassy

[CCole09 8]

Good morning,

 

My husband had his CR1 interview today at the US Embassy in London. He was denied as ineligible for visa “Due to the nature of the crime” which was damaging vehicles when he was 15. 
 

I have 3 questions:

 

I plan on completing a waiver to move forward. This is the only option to move forward, correct?

 

Also, the officer marked I-212 but it would be I-601 or am I incorrect? Still gathering my thoughts with this just happening. 
 

Is it okay to continue without a lawyer or should I add one at this point?

 

Thank you for any insight. 

Edited September 22, 2022 by CCole09

[Crazy Cat 39,324]

I suggest an attorney who is experienced in waivers.  This is not DIY, imho.

[SteveInBostonI130 3,319]

1 hour ago, CCole09 said:

Good morning,

 

My husband had his CR1 interview today at the US Embassy in London. He was denied as ineligible for visa “Due to the nature of the crime” which was damaging vehicles when he was 15. 
 

I have 3 questions:

 

I plan on completing a waiver to move forward. This is the only option to move forward, correct?

 

Also, the officer marked I-212 but it would be I-601 or am I incorrect? Still gathering my thoughts with this just happening. 
 

Is it okay to continue without a lawyer or should I add one at this point?

 

Thank you for any insight. 

I-212 is the law that justifies the denial for your husband's case.

 

I-601 is the waiver form.

 

It is time to get an experienced lawyer.

[CCole09 8]

Thank you both!

[SusieQQQ 11,584]

It’s very strange that a crime involving no physical injury to a person at age 15 is deemed enough to deny a visa on. Here’s the manual on it - https://fam.state.gov/fam/09FAM/09FAM030203.html It doesn’t even sound like a crime of moral turpitude, and even if it were those are usually excused for under 18 at the time. Specifically, “Between Ages 15 and 18:  Juveniles between the ages of 15 and 18 at the time of commission of an offense have not committed a crime for purposes of INA 212(a)(2)(A)(i)(I) unless they were tried and convicted as an adult for a felony involving violence.”

 

Are you sure there’s nothing else involved?

[CCole09 8]

18 hours ago, SusieQQQ said:

It’s very strange that a crime involving no physical injury to a person at age 15 is deemed enough to deny a visa on. Here’s the manual on it - https://fam.state.gov/fam/09FAM/09FAM030203.html It doesn’t even sound like a crime of moral turpitude, and even if it were those are usually excused for under 18 at the time. Specifically, “Between Ages 15 and 18:  Juveniles between the ages of 15 and 18 at the time of commission of an offense have not committed a crime for purposes of INA 212(a)(2)(A)(i)(I) unless they were tried and convicted as an adult for a felony involving violence.”

 

Are you sure there’s nothing else involved?

There is an update that I need to post. I sent the following email to the embassy a few days following his interview as his circumstance fell under not being inadmissible and I asked for further review. They responded 3 weeks later confirming that an error was made by the interviewing officer. They asked my husband to send in his passport. He received visa in hand on 10/25/22!

[Redro 4,601]

1 minute ago, CCole09 said:

There is an update that I need to post. I sent the following email to the embassy a few days following his interview as his circumstance fell under not being inadmissible and I asked for further review. They responded 3 weeks later confirming that an error was made by the interviewing officer. They asked my husband to send in his passport. He received visa in hand on 10/25/22!

Great news! 

[SusieQQQ 11,584]

5 hours ago, CCole09 said:

There is an update that I need to post. I sent the following email to the embassy a few days following his interview as his circumstance fell under not being inadmissible and I asked for further review. They responded 3 weeks later confirming that an error was made by the interviewing officer. They asked my husband to send in his passport. He received visa in hand on 10/25/22!

Excellent! 

[nastra30 1,992]

8 hours ago, CCole09 said:

There is an update that I need to post. I sent the following email to the embassy a few days following his interview as his circumstance fell under not being inadmissible and I asked for further review. They responded 3 weeks later confirming that an error was made by the interviewing officer. They asked my husband to send in his passport. He received visa in hand on 10/25/22!

 

Way to go; you didn't give up but soldiered on.

Awesome.