rosco74

Hello all.

Sorry if this is in the wrong place, but I did see someone say waivers were to be discussed here.

I've been researching all over the place trying to get everything prepared to move the US with my USC wife.

I decided to do it from outside the US due to having a criminal record.

We sent the i-130 on the 12th Feb and the post office trace stopped on the 17th saying it arrived in the US, so waiting to see if it's approved and hopefully get an interview date in Dublin (forgot to include a G-1145 bah).

Anyway, as per the title of my thread, I'm pretty sure that I'll require a waiver. What has me confused right now is whether or not my wife will have to show extreme hardship even though I appear to fall within their own bounds of being eligible:

(B) Multiple criminal convictions.-Any alien convicted of 2 or more offenses (other than purely political offenses), regardless of whether the conviction was in a single trial or whether the offenses arose from a single scheme of misconduct and regardless of whether the offenses involved moral turpitude, for which the aggregate sentences to confinement were 5 years or more is inadmissible. (Ineligibilities and Waivers: Laws)

According to that I would need to have been sentenced to a total of 5 years to be ineligible and require a waiver, yet I read everywhere about people needing waivers for all sorts of lesser offenses.

All the cases were misdemeanors in Irish law of the time, and are still classed as summary cases rather than indictable under recent law reforms. None carried a max sentence above 12 months (I was sentenced to a total of 22 months, served less with good behavior), and the total possible max sentence didn't amount to 5 years. Also, as they were over 15 years ago does that count as being rehabilitated?

I've manged to gather some documents, Irish police cert which shows the offenses, sections of law and sentences, plus an APCO cert with no trace, as I've lived in the UK for 13 odd years without any problems. I'm having trouble getting the court documents though, as they were all over 21 years ago and it seems pre-computer so they claim not to able to find them. I'm pushing for a letter from the courts confirming this as I believe my word on the matter wont suffice the embassy.

I know I will get advice here to seek legal advice, but that's just too costly right now, however perhaps if and when it comes to filing the waiver I will.

I'm just stressing out to the max here trying to sort everything out and perhaps researching too much, though I believe it's better to be prepared.

Noorah101

I don't know the answer, sorry, but want to make sure you are researching waivers as they relate to Immigrant Visas (not non-immigrant or tourist visas). The law could be different for each.

You have several months of waiting for the I-130 approval ahead of you, so don't feel stressed about time right now.

Rene

rosco74

Hi Noorah,

Thanks for replying.

Yes I'm researching Immigrant visas/waivers as my USC wife is keen for us to move over there.

I'm pretty sure that what I said in my OP referred to Immigrant visas, but now I'm going to have to go check that aaaggghhh lol.

Some of my references came from the i-601 information pages so I think I'm correct

ian-mstm

No.


Good idea - you'll likely need to show due diligence in tracking down the old records.


As Rene says, you're in for a wait - but if these were all over 15 year ago, then you'll likely be okay... so long as none of them were drug related. If any of them were drug related, you might not be eligible for either a visa or a waiver.

Ian

rosco74

Hi Ian, thanks.

Nope, no drugs.

scrubbedexpat099

Very much depends on what they are, have you visited the uS?

rosco74

Hi Boiler,

Yes on VWP which may pose another issue, however I have read on here of a guy who successfully challenged that juvenile offenses are not CIMT.

I'm not too worried about how long it all takes, it's herself who's keen to move home. I just don't like dragging up my past from 21 to 23 years ago having moved on in life, and probably having to deal with bureaucrats who will treat me as if I haven't.

Lesson here is if you're not keen on moving to a country DON'T marry a citizen of that country lol.

ian-mstm

Fair enough, but keep in mind that multiple juvenile offenses demonstrate a pattern of behavior - so it may not be the offenses themselves, but the emerging pattern that causes the problem. Well... time will tell, eh?

Ian

scrubbedexpat099

A consultation with an immigration lawyer maybe in order, or just wait and see what happens.

rosco74

I hadled a divorce without a lawyer lol, but this is getting to me practicaly before it's started. Just wait and see what happens when I'm interviewed.

Slightly off topic, but how to know what's happening with the i-130 if you didn't include a g-1154 or whatever?

Noorah101

I think you can create an account at www.uscis.gov which lets you input your receipt number to get a status update...which may or may not be accurate.

Rene

rosco74

OK, so according to the post office the i-130 was finally delivered on the 25th, it only updated today.

13 days to get to Chicago, special delivery, not a very good service lol.

Noorah101

But you sent it from outside the USA, so it's expected that it would take longer than if you had sent it from inside the USA, unless you used FedEx or some other overnight courier.

Not sure what "special delivery" is.

Rene

ian-mstm

I suspect it only took 2 days to get to Chicago, and 11 days waiting for someone to pick up the mail at the post office and sort through it.


You should have a listen to Elvis singing "Return to Sender"... he knew what it was!

Ian

scrubbedexpat099

I ordered something from the East Coast, a day to Denver, probably 3 days to get up the hill.