celticpa

9 hours ago, Jawaree said:

cYou had a decent chance to apply and receive a  NIV based on if mom was ill (not necessarily dying)

or getting recommended for a D3 waiver (sparingly given to others who is inadmissable & applied for

IV) by a CO upon applying for a tourist visa.Conviction time was also in your favor...Your travels to the

US & recent DUI threw you out of that loop lie-ing is never tolerated , there is also track record of your

travels when background checks are done for visas benefit,

 

With an atty your mom can petition you & see what ban you'll really have to wait out before (IF) you can

file for a waiver, it will be 10-15 after departing the US but best a good waiver atty advise you on that

I'm not sure to be honest. 

I would have thought if that was a problem with them they would have said at the interview or in the letter of refusal they give me telling me to apply for a waiver on the grounds of being denied my green card for larceny and criminal intent as stated on said letter. As far as I know from the letter it's this that I am denied on and it's only this now that I have to basic my waiver on to get my green card. I can't see them telling me apply for a waiver to get your green card and they afterwords saying something different. 

As I said my lawyers said they have seen this many times before and that I only need to get a waiver on what I was stopped for on my green card refusal letter that is all. 

Maybe you are right but surely they would have said at the interview or afterwards and said I was banned for lying and not told me to apply for a waiver. 

I agree it should have been done but I don't think that is problem I will have, I've asked the lawyers about this. Between them they have never had this come up, I am inadmissible over what is stated on my refusal latter from the interview, I have to apply for a waiver for what is only stated on my refusal letter which is larceny and criminal intent. If they stated on my refusal letter about not disclosing on my other visas I (which by right they should have) was inadmissible over that I would need to put that in my waiver as well. I see where you are coming from but I've asked about this and it's not what I need to deal with right now.

8 minutes ago, NigeriaorBust said:

  But your problem will be that you "lied" on your prior entries.    Now they will look at the visa denials and the fact your have benefited by lying on your prior visits and may in fact declare you permanently ineligible for a visa.  It seems all 3 of your past run ins with the law may have involved CMIT type offenses.

I don't think DUI is seen as anything or as a CMIT. 

When i I had my interview the only thing that was talked about was the larceny from when I was 17. 

All the lawyers I have talk to have said it's the larceny being worded on my court sheet that they have homed in on, in fact they all say that the "criminal intent" which was also used on my refusal letter and that was not on any of my court sheets but which they are now saying was the assault, which we only found out after my lawyer sent a letter asking about my being under 18 and asking about what the intent meant. Only then did they explain it was the assault.  Which even on my Irish court sheets say minor assault. The two lawyer say they can argue that even this wouldn't be considered a CMIT. 

Look at the end of the day I did wrong and I can't say anything other, I just wish I could still be able to go see my mother like I always did, not ever get to live in the USA but still be able to see my mother who I didn't really know for a long period of my life and who is getting on in years. 

But as i say, I did wrong and this is what happens 

26 minutes ago, NigeriaorBust said:

 You talk about "how you always used to go to the US "    Did you disclose your prior convictions on you visa/esta application back then ?

No never, I have heard of people with a lot more serious convictions going to America, I know of people who have spent years in jail for IRA membership and gun running who have been to America many times. 

But you are right its something that should have been done. 

I dont think most people that have never been to jail or involved in a very serious crime do tell them to be honest. Not saying that's right but I think it's how it is for sure.  

Thank you for taking the time to reply it all helps.

Sadly I got a DUI in 2009 just before I moved to Australia. Stupidity went to drop my then girlfriend home at 3am after 3 beers and was only just over but over all the same so I'm not sure the 15 years waiver would work. 

I heard you can apply for the non immigrant waiver yourself alright after getting refused a holiday visa at the interview but most people here say I wouldn't have much hope of getting it after trying for a green card before it and being refused that that they think I'll go, hide and never come back.

I mean even if I could still visit my mother once a year for a month or few weeks like or I've always done all this wouldn't be so bad, it's hard to take the fact that I can never seemingly go to the USA now after getting refused the green card. 

At the the end of the day being young or not I did what I did and you pay for your sins. 

I always remember my dad my dad saying it's when you are older you'll realise how silly I was, it's so true, young and dumb and now I am paying  

Yes I too have heard of people getting waivers but they say you'll get it faster being in the US then being outside, not sure how true that is but I could see it being that way. 

I guess all I can do is try, I don't really have much options, others here say I won't ever get the waiver where I could just keep visiting once a year like I always did before. So without going for this green card waiver I'll never get back to America in anyway now.

the lawyer said that even with the crimes being small really that it's the wording that they can stop me on. I really didn't think it would turn out this way but then me and my mother done all the paperwork ourselves, so didn't see this coming. 

51 minutes ago, missileman said:

I am certainly no expert, but I highly doubt you will get a tourist visa since you have shown intent to immigrate.  I'm not sure you can "put the genie back in the bottle" now.  Your best bet might be to try to get those convictions wavered with the help of an attorney and another petition for a green card......just my 2 cents.

 

But Like Penguin said.....maybe you can get a tourist visa.....

I was told the only way to get them waivered is to try get my green card with a extreme hardship waiver for my mother, but luckily she isn't in anyway sick or in financial hardship for me to get that waiver. 

Well before I had my interview I had been to America maybe 10 times or more over the years but I know now that after the interview that will not really matter as a way of showing I don't intend staying. 

I have a full full time job and still own a house in Ireland so that might help but it will cost me 4500 to get a lawyer to do my waiver for me, it might not be a lot to some but as things are it's a good bit of money as I also have to help my family on my fathers side in Ireland now that my father is unable to work and they still are paying a mortgage. 

By the sounds of it I wouldn't have a great chance. Seems I won't even be able to go seen my mother in the states which is sad as she heads into her older years. 

But I guess you pay for the silly things you do in life and maybe rightly so. Just with it all being from my childhood and late teens that after so long you would be able to get a chance again 

Hi thanks for the reply.

My mum is 62 now and I am her only child.

She hasn't ever remarried and lives with her friend who she knows from Ireland and went to school with in Ireland.

She works part-time minding a child for the same family the last 5 years.

She has a boyfriend in Boston but thats about it. 

Hi I am not sure how to start a new thread and I'm sorry if this is messing this one up.
I am 36 and went for my green card interview last October in Dublin. I was refused on the grounds of a conviction for Larceny/damaging a property 22/9/1999 but which happened when I was 17 and conviction for criminal mischief with intent which isnt worded on any of my court papers but now they seem to be saying its for an assault in 2001, the larceny/damage to property was basically I broke the window in my neighbours car and stole a VCR, I called to the neighbour the next day and returned the VCR but the cops were already involved and the fight was just a silly thing between drunk friends one night and no one was hurt. Now I am not trying to make light of the two convictions but the 1999 Larceny/damaging a property case was discharged conditionally on my entering a recognizance and paying a 100 pound fine. The assault which my lawyers say could be argued isnt CIMT was a Section 2 of the Non-Fatal Offences Against the Person Act, 1997 in irish law and the out come was 6 months suspended Sentence, This assault was with another guy my age, we had a fight and the garda (cops) came and arrested me, the guy (who is a friend) wasnt in anyway hurt when this happened.  

My lawyer tried to get the embassy in Dublin to relook at the case arguing I should not be deemed inadmissible under 3 arguments:
-Under 18 years when crimes committed
-Petty Offence Exception
-Juvenile delinquency interpretation

They wouldn't have any of it and now I can only apply for a waiver, the only thing is my mother who has us citizenship for the last 20 years and lives in Boston isn't in any way sick of financially in need of me being there and so it would be hard for me to show extreme hardship on her part. My lawyer is saying the only way to try is for my mother to see a therapist for her depression and get a report to send with my waiver. I just would like to know has anyone heard of this being used successfully and if anyone would have any kind of info on this.

all this stuff happened nearly 15-20 years ago now. I've lived in Australia for two years and London and have never been in any trouble as well as spending many 3 month holidays in the usa at my mothers without anything.

I just don't have loads of money and really only have one chance of doing this, I have to help out my family on my father's side in Ireland as he is unable to work now.

I really just need some info on if it is worth trying for this waiver or if I should just give up on this and use the money to get a waiver which is easier to get so I can have holiday visas and still visit my mother in the usa like I did before. But one lawyer said she didnt think I would even get this now because I went for an immigrant visa while another lawyer said I could get this holiday waiver. Its just so hard to know what to do, if anyone has any advice on this it would be great as I am just not sure what to do now.