Urbanto

Your H-1 visa has no bearing on the amount of time left on your H-1 status and USCIS doesn't keep count of it in specific either.

Your H-1 times in the US starts from the moment you cross the international border into US. So for example if your H-1 status was approved for 2 years while you were out of the country and you went to US consulate, got H-1 visa stamped but then decided not to travel to US at all, those 2 years could still be used for the next H-1 petition.

Once you're in the US, any time you travel outside the US, even for a 1 day could be recouped by you later on, but you'd have to keep track of your travel history.

Your personal situation aside and sticking to the original question, if one were to put themselves in a consular officer's mind, it can go couple of ways; either a flat out denial even before reaching to the point of looking at who's the inviting US person, solely based on CO's judgement that applicant fails to prove her non immigrant intents, OR curiosity piques the interest and CO starts digging further into the nature of relationship b/w the applicant and the US inviting person. That's where the oddness of this whole situation could come into play. However it's highly, very very highly unlikely that consular officer would start looking into your own situation or refer your case to USCIS for investigation. Consular affairs come under State Dept while you as LPR living in the US are now under USCIS. Both these departments are severely over-stretched with their routine workloads and don't have the luxury, nor proper established protocols to go off on such mundane tangents and dedicate their scarce resources to check out apparent anomalies in an individual's background after the dust has already settled. It's more of big fish items e.g organized frauds, terrorism or individual humanitarian cases where these 2 departments come together.

So, the worst case scenario would be that either your friend gets denied because she couldn't prove her genuine non-immigrant intents or she gets denied because still, she couldn't prove her genuine non-immigrant intents  😌  She goes back home empty handed, you go back to your empty apartment LOL 😁  (no pun intended).

Problem in this case was not on your MIL's part - it was your BIL being at the wrong place at the wrong time, so to say

A young teenage kid who has his whole in front of him - in the mind of CO would be the most fit candidate for not coming back at the end of the visit. Happened with my mom. Twice she applied for US visit visa along with my youngest sister who was around 20, unmarried, college student and both times they got rejected. Second time, the officer clearly told my mom that they see (my) sister as the risk. Next time my mom applied on her own and bang! 5 years multiple entry visa.

On immigrate2us.net  (site doesn't exist anymore) there was at least similar case where the applicant had over 20 yrs old CIMT, had an I-601 waiver yet when he applied for citizenship, it was denied only because of that old CIMT but USCIS also told him the denial had no effect on his GC status.

Getting clearance certificate (VOG) in NL is fairly straight forward process and doesn't take more than couple of weeks. Fill out the embassy approved cover letter and the VOG application form and mail it out. They'll mail internationally the certificate to your home address.

https://www.government.nl/topics/identification-documents/question-and-answer/how-do-i-apply-for-a-certificate-of-conduct-vog

Hi all,

I am currently an LPR  - I acquired GC with an I-601 waiver for a CIMT that had occured about 15 years ago in the US.

Even though I-601 cleared the way for getting the GC but based on what I've read of other such cases, getting US citizenship would be an almost impossible task due to that CIMT.

Would it be better to than just continue living as LPR and getting GC renewed every 10 years or if people know of such successful cases where an LPR got their citizenship in similar situation?

A fear years earlier when I was married to a USC, we applied for my AOS and on the I-485 application, I wrongfully mentioned that I had not been convicted of crime. Application was put into USCIS processing and receipt numbers were also given as well a notice to appear for biometrics at a local ASC. I withdrew the application and didn't go for fingerprinting. Now if I do FOIA for my USCIS records, this withdrawn application does appear.

Later, I got IV under different category along with an approved I-601 waiver. Question is, if/when I go for citizenship, would this withdrawn application cause harm to my case since in the N-400 application it does ask:

• Have you EVER given any US Government officials any information or documentation that was false, fraudulent, or misleading?
• Have you EVER lied to any US Government officials to gain entry or admission into the United States or to gain immigration benefits while in the United States?

Couple of things to note:

For NIV waiver, you don't need to have a lawyer. If at the time of visa interview, the CO determines you're eligible to get visa, they will recommend you for non-immigrant waiver and send your case themselves.

Second, for IV, extreme hardship is not the only way to get permanent waiver. You can apply for IV waiver based on the fact that at least 15 years have passed by since the last conviction and there has not been any further blots on your record, plus a strong showing of rehab. That would be 212(h)1(A) Waiver. While 212(h)1(B) Waiver is for extreme hardship path.