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Ra2023

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    I 601 (Merged)

    in Waivers (I-601 and I-212) and Administrative Processes (221g)

    Posted

    1 hour ago, Boiler said:

    Usually number 3 is the issue, they look at the maximum a Court could have sentenced you for not what you actually served.

     

    Assuming the Lawyer had done his due diligence why not?

     

     

    appeared for an immigrant visa interview on July 10,2022 and was found 
    inadmissible under section 212(a)(2)(A)(i)(I) for conviction of CIMT and 
    requested that a waiver be filed. We did recently file Form I-601 waiver, 
    but we believe that this inadmissibility finding is erroneous and that the 
    crime falls within the petty theft exception. 

    Crime was happen year of 1994 and took voluntary Deportation in 2000 then allowed to enter in USA 2003 . Also paid fine and six months probation done.

    I 601 (Merged)

    in Waivers (I-601 and I-212) and Administrative Processes (221g)

    Posted

    6 hours ago, Boiler said:

    Impossible to say with such limited information.

     

    Is this what your Lawyer is suggesting?

    Yes my lawyer suggested.

    Applicable law: 

    Generally a noncitizen who is convicted of, or formally admits committing, 
    one CIMT is inadmissible. A noncitizen can avoid being inadmissible under 
    the moral turpitude ground, however, by coming within the petty offense 
    exception. Further discussion of the exception appears in legal texts, but 
    the basic requirements are: (1) The noncitizen must have committed only one 
    CIMT (ever); (2) The noncitizen must not have been “sentenced to a term of 
    imprisonment in excess of six months (regardless of the extent to which the 
    sentence was ultimately executed)” and (3) The offense must have a maximum 
    possible sentence of one year. 



    A person who comes within the petty offense exception is not inadmissible 
    under the CIMT ground, although he may be deportable. Note, however, that 
    the statute provides that the CIMT inadmissibility ground “shall not apply 
    to an alien who” comes within the petty offense exception. 

    I-601 Time Frames

    in Waivers (I-601 and I-212) and Administrative Processes (221g)

    Posted

    On 12/27/2022 at 8:13 PM, ws1889 said:

    I have a priority date of September 26th, 2022 for my I-601. I was wondering if anyone has recently seen any approved, and what kind of time frame I may be expecting for a decision?

     

    When I submitted my I-601, the time frame on the USCIS website said 8-12 months, but now it says 27 months! Not sure what is going on. My case is pretty straightforward so hoping for a quick decision....

    Month of November USCIS workings on February/March.

    still timeframe around 19 to 22 months.

    Please help - I-601 waiver

    in Waivers (I-601 and I-212) and Administrative Processes (221g)

    Posted

    On 10/25/2023 at 4:04 AM, Mr RD said:

    Hi All. 
     

    I am very new here and just joined today. Looking forward to getting advice and help from all you experienced ones. 
     

    Here’s the story: 


    ~ I am the petitioner.

    ~ My wife is the beneficiary. (Has 1 conviction in her home country (theft from a friends house), which was classified as CIMT as per the CO during the interview)


    My wife went for the CR1 interview few days ago and was given a refusal worksheet, her visa was refused and she was asked to apply for I-601 waiver as I am her qualifying relative, she was denied section 212 (a)(2)(a)(i)(I) the crime was committed in 2017. We have been working with an attorney from the very beginning of I -130 till now. The offense which she committed is regarded as petty offense in Texas. However, now that we have ended up with a waiver it’s very difficult and emotionally draining. 
     

    I do not wish to go back to USA without her, it’s very challenging to live a phone based relationship and I know most of you have gone through this. I understand the waiver will be a painful journey. 
     

    Here’s a little about me, please don’t judge me as I am getting a little vulnerable here:

    - I have ADHD & OCD

    - Potential Schizophrenia 

    - Anxiety

    - Panic disorder 

    - Depression

    - I am a Uber Driver  

    - I am the only child 

    - My parents are in their 70s

    - Dad is handicapped (78 years)

    - Mom retired in 2019 but had to go back to work since I flew to my wife and I couldn’t work so she’s providing financially. (She’s 70 years) 

     


    Because i suffer mentally I am unable to cope up with separation from my wife and also I’m unable to deal with uncertainty. My wife’s country is not well advanced and they don’t have much knowledge on these things and unfortunately they don’t have therapists for this. They only have one psychiatric hospital which is for hospitalization only. Most of the medication are not available here either. Cost of living is very high and pay is extremely low (minimum wage is $2usd / per hour). Last year when the psychiatrist had mentioned that I may be a potential schizophrenic and that I may need to be hospitalized for diagnosis I was very scared and had panicked, I didn’t want to be hospitalized and not have my wife’s physical and emotional support. Therefore, we thought that she will be able to fly this year and so I could do my diagnosis once she’s with me, sadly it’s gotten worse with this waiver. I am still with her and I am willing to be here with her until the waiver gets approved, I don’t know hay lies ahead of us.

     

    About my wife:

     

    - She’s the only child 

    - She was raised by her grandparents 

    - Her mom died when my wife was 4years

    - Her dad is not in the picture since he married another woman and moved on. 
    - She lost her grandfather early this year and so now after losing him she has no one. Her aunt is in NZ, so my wife only has me and my parents. 
    - Due to I-130 and Covid my wife could never meet my parents in person. 
    - My wife has severe depression 

    - she has one criminal conviction when she was 21. 


    We got married in year 2021 during Covid-19 and none of my family could travel except me. My wife’s country's borders were still shut down but I had travelled on humanitarian grounds since she was able to obtain a favorable approval for me from the government at that time. Her grandfather was her everything and after losing him this year, it’s been very difficult for her. 

     

    We do understand that me staying here may contradict my hardship, I know I can fly back and get my therapy session going and seek medical help but mentally and emotionally I will still be unstable without my wife. Please I will appreciate any and all the advice and help you all will give. I truly don’t desire to travel back to USA without my wife and my parents can’t travel to my wife’s country either since my dad is handicapped. Is my mental illness and being the only child to my aging parents a good factor to prove my extreme hardship for my wife’s I-601 waiver. 
     

    Thank you in advance and I’m sorry for the long detail above. 
     

     


     

     

     

     

     

     

     

    Did you file I 601 ? CIMT she is inside country or outside? Inside take less time than outside . Outside around 20 to 22 months to approved. 

    What happens after waiver approval and second interview

    in Waivers (I-601 and I-212) and Administrative Processes (221g)

    Posted

    10 hours ago, Waitingmyturn1 said:

    My 601 was approved and I had my second interview. The officer said I was approved. When I left the consulate, my case changed to ready. What CEAC update comes after ready? Can something still go wrong and them refuse me? I’ve been waiting to reunite with my children for 8yrs. Im very scared something could go wrong so close to the finish line. What can I expect now? 

    How long it’s take to approved your case ?

    Do they keep your passport if yes you will be ok . Just wait for your passport.

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