rosco74

Hi Rene,

I meant signed for mail. Looking at the tracker it took the standard 5 days to get to the US, no idea where, but it then took 8 days to reach Chicago.

Still, least I know it's there. I looked up registering for a USCIS account but I need to wait for a receipt number 1st.

rosco74

Seems right mate, is this a sign of the bureaucracy that I have to wade through lol?

rosco74

Hello all,

Sorry for the late update, but I got my receipt stating that they received my i-130 on Feb 26th 2016.

I've been chasing up court records and finally got word that they found them today. I'll have them tomorrow hopefully.

A thought just crossed my mind though....

Moving to the US should be a new start to a new life etc., however, if they find my case involves CIMT and that I was a felon here, and a waiver is approved, do I start life in the US clear or as a felon?

I know that I have committed no crimes in the US, but would I be listed as a felon due to past crimes this side of the pond?

If yes, then the hassle of trying to get there doesn't seem worth it....

ian-mstm

Clear.


No.

Ian

rosco74

Thanks Ian, that's what I was hoping, but I'd never seen the question asked.

rpjs

The distinction between "felony" and "misdemeanour" was abolished in English law in 1967, so it's pretty unlikely you were ever a felon in law anyway.

rosco74

Well I finally got the court papers, but they create another problem for me.

The police cert only lists the offenses that I was charged with each time, ie: criminal damage. However looking at the papers they show multiple charges where they threw the book at me, say criminal damage, trespass and larceny all in one case, sentence: 100 hours community service.

When I have to fill out the DS-230 do I put down the contents of the police cert and show the court papers at interview or do I go through the papers and list everything individually??

Luckily enough the court papers do state Juvenile and some are even stamped as Minor Crime (as opposed to major, rather than adult), although IMO there was nothing major in any of it. Just makes me see how much of a stupid twat I was was as a teen....

ian-mstm

This.

Ian

rosco74

Thanks yet again Ian.

rosco74

Just checked USCIS today and it says my I-130 was approved May 9th and they're mailing out documents.

Jerseygirl

Congratulations and thanks for letting us know

rosco74

13 weeks after the i-130 approval and weekly mails to NVC I finally got a mail stating that they received my petition and should expect to hear from them in 4-5 weeks.

Sure is slow going with these guys. So much for my preparedness, police cert is now 7 months old so I think that's lapsed lol. Will give it a few weeks before I apply for a new one just so it's current for as long as possible I suppose.

I'm leaving the medical as close as possible to the interview just in case it takes longer should I require a waiver as I don't want to have to pay for 2 medicals at their prices!!!

rosco74

Something has been puzzling me about the whole waiver thing for a while now.

Every case I read about i-601's mention the need for the 'extreme hardship' requirement.

However, in the i-601 instruction pages it states:

Page 11 of 21
Form I-601 Instructions 05/22/15 N

With the application, you must establish one of the following:

A: You are inadmissible only because of your participation in prostitution, including having procured others for
prostitution or having received the proceeds of prostitution, but you have been rehabilitated and your admission to
the United States will not be contrary to the national welfare, safety, or security;

B: At least 15 years have passed since the activity or event that makes you inadmissible, you have been rehabilitated,
and your admission to the United States will not be contrary to the national welfare, safety, or security;

C: Your qualifying U.S. citizen, lawful permanent resident relative (spouse, son, daughter, parent), or K visa
petitioner would experience extreme hardship if you were denied admission;
or

D: You are an approved VAWA self-petitioner.

If only ONE of those reasons are required does it mean that the consular officer picks which one or do they just make everyone require the extreme hardship regardless? Seems like I would only have to prove 'B', if I do require a waiver....

ian-mstm

You (not the officer) have to demonstrate that you meet one of these 4 exceptions. The officer has to agree, of course, but I believe that choice B is correct for you if 15 years have passed since the most recent offense.

Ian

scrubbedexpat099

CO's do not review waivers, go to the lockbox.