ChrissiM36

I'm really in need of advice, I'm a British spouse of a US serviceman with orders to PCS to the US. We are supposed to go on the 13th September. Our household goods have gone, I have quit my full time job and handed in notice of the classes I teach. My visa was refused under section 212a although I don't know which subsection yet. The CEAC website just says refused and when I phoned that's all they told me. I have a conviction from when I was 18, I'm now 36. He didn't ask me any questions at interview I was just asked to submit a W2 and give permission to speak to ACRO. I have a caution as well from the same time which I had forgotten about. So I suspect this is being counted as a conviction, they both come under crimes of moral turpitude. I just wish he'd asked me the circumstances but that's neither here nor there now. Does anyone know how long until I get my documents back? My husband still has to leave and I have no possessions other than a case of clothes, after 3rd Sept nowhere to live and no income. If I have the option to apply for a waiver I really need to get it going.

Many thanks in advance.

bewildering

Have you talked to a JAG at your husband's base?

ChrissiM36

thanks for your reply, we are going tomorrow morning.

Pulaski

Have you previously entered the US under the VWP?

ChrissiM36

No

Rete

You don't say which US Embassy you interviewed? Did you bring any documentation regarding the age 18 conviction and was it for drugs? I believe at age 18 you are viewed as an adult which changes how your conviction is looked at. What was the caution for at age 18? Did you declare both of these on the application submitted to the US Embassy?

If you are eligible to submit an application for a waiver, it is not a quick turn around process. Some can take a year or more.

Pulaski

If the conviction or caution was for drugs she may have a much bigger problem.

ian-mstm

If it was a conviction for drugs, you may be permanently ineligible to get an immigrant visa... and, if it was drugs, there's no waiver for that. It's forever!

Ian

ChrissiM36

It was the US embassy in London. Yes I took my police certificate and court record for the conviction. Neither were for drugs. They were both for obtaining property by deception. I fully accept both were as an adult but they were 18 years ago and I never reoffended. I didn't put the caution on the form as I had forgotten about it until I had to speak to ACRO after my interview.

ChrissiM36

I know it doesn't matter and everyone always has an 'excuse' as to why they do things but there were mitigating circumstances surrounding the conviction and I wish he had asked me at the interview or there was a way of being able to plead your case so to speak. Yes for immigration purposes I'm a criminal and always will be...but that's actually not me. That was me for a snapshot of my life during a time I have spent years forgetting. My husbands career is so important and I don't want to mess it up. I have been honest to him and have had to be background checked by the military as part of his job, when we met and recently. He doesn't want to stay here, he doesn't want to retire here. If we had known better I would have gotten some advice beforehand. I know a waiver will take a long time but I am just at such a loss of what to do.

scottyvisa

Meeting with JAG is a good step, but also call the USCIS Military Helpline, you should be able to speak to someone with access to more information about your case, and who can advise you of next steps.

Pulaski

Was a waiver even mentioned at the interview? Sometimes people are recommended for a waiver, but even then it takes quite a time.

Without knowing the details of the crime, after 18 years of presumably living a law abiding life, you should be given a waiver without too much problem.

Rete

Unfortunately, at the interview there is no pleading your case. It is black and white to them. Since it didn't involve drugs and was so long ago, I believe you should be successful with a waiver. We don't know what the examiner said to you at the time of your interview. Usually, if they are going to deny, they tell you then and advise you to file a waiver of inadmissibility. I'm assuming you were not told this at the interview. Did you have to leave your passport?

Please let us know what JAG tells you tomorrow. We're for you.

ChrissiM36

At interview he asked how I met my husband...and when. Then he said you need to submit a W2 and give permission for them to speak to ACRO. He kept my documents and my passport. I tried to call yesterday to see how long it will take to receive a formal letter of the refusal with full details but I was told I just have to wait, thank you all so much

ChrissiM36

So the JAG said pretty much the same thing, wait for the paperwork to come back and she feels confident I will be eligible for a waiver and should be successful even though it's a lengthy process. She advised that my husband may do better to speak to an attorney in California and get advice from them and that he tries to get things done from the US. I'm going to have to sit it out here and wait. We spoke to his commander also who will organise a 30 day extension so we can have time to start the process and then we will have to try and sort somewhere for me to live. I am confident I will be able to get my job back I just feel really embarrassed about that. He is not going to be able to support me financially from the US. Our postman has been already this morning and there was nothing from the embassy. So it's just a matter of waiting and hoping for the best. I know once he's gone I probably won't see him until or if I actually get a visa...I'm fairly sure I will not be eligible for an ESTA and he won't have time or the funds to come here.