ian-mstm

There are *many* types of waivers. A "waiver of ineligibility" is one example. A second example is a "hardship waiver". A "waiver of inadmissibility" is a third example. Different waivers for different purposes.

Do *not* confuse the "waiver of ineligibility", the "hardship waiver", the "waiver of inadmissibility", and the "visa waiver"... they are all totally different. If you are confused, you should use Google.

If I can make a personal request, would you please use some punctuation in your posts? It will make them much easier to read and understand.

Ian

fatbrit

A still think this is a train disaster in the making. Let me write your question for you:

I'm a UKC and my beloved is a USC. We are planning on getting married in Florida in 6 weeks. One complication is that I have a conviction for theft when I was 18 -- silly I know but I was young and stupid! I'm now 36 and have had no other convictions. Another complication might be that I have already entered the US twice on a VWP, ticking "no" to the question on whether I had a criminal record because I did not understand the terminology. We have not yet submitted any applications for visas. How does the board recommend we proceed?

meauxna

This is helpful. TY, fatbrit.

Andymalia

Like i said before in previous, My crime when going to court could and did only have a 6mths maximum sentence as it was only a magistrates court. I read that on the usa border control, if you have one cimt with this sort of conviction you are eligable for the vwp. Thanks

Ray

But its NOT what the UK does ..its what the US does that counts

ian-mstm

Here's the thing... even if you didn't understand the term "moral turpitude" (which, by the way, is *not* an excuse), you have lied at least twice on the I-94W when entering the US. Lying is a *lot* worse than your theft conviction! For some reason though, you don't seem to care at all about having lied to US immigration.

Ian

Andymalia

I do care ian but now im so worried. There is no where that iv looked at that tells you that the petty notice is for usa laws only because how would you find that out you car'nt. I thought my crime was a cimt but thought it came under the vwp for excemption the websites and embassy dont say if this crime was tried in their country. What should i do dont want to muck my chances up can anyone help.

ian-mstm

Fatbrit told you what was needed back in post #4 of this thread and even suggested who you might contact. Get yourself an experienced immigration lawyer.

We can tell you where you might have made a mistake. We can tell you what might happen. We can tell you what to do, but we can't make you do it... you *MUST* do it for yourself.

Yes, getting a lawyer will probably be expensive... but you have to weigh the cost against your life with your future wife.

If you truly don't want to screw up, get a lawyer - and be sure to tell him *everything*. Write down all the dates to the best of your memory... things you said to the police, things they said to you... write it all down. Document all of it. Don't leave anything out. Put it all in a folder and take it with you when you go to see the lawyer.

One more thing. This might take a bit of time... so you should prepare yourself *and* your fiancee *now* that you might need to postpone the wedding. Make sure this is sorted out *before* you get on the plane.

Yes, this is probably disappointing information... but this is something you should have sorted out years ago. Postpone the wedding until this is sorted out... you'll be a *LOT* happier in the long run.

Ian

nettlebed

Even if your offense is not found minor enough to be considered under the "no waiver needed for a single petty offense" exception -- which it may very well be -- there is an immigrant waiver available under INA §212(h)(1)(A). You may be eligible for this, but you should check with an attorney. This is a discretionary waiver, and the criteria for issuing it are:

1. the activities for which the alien is excludable occurred more than 15 years before the date of the alien's application for a visa, entry or adjustment of status (unless the alien is excludable for prostitution under INA §212(a)(2)(D)(i) or INA §212(a)(2)(D)(ii), in which case the 15 year time period is not required),

2. the admission to the United States of such alien would not be contrary to the national welfare, safety or security of the United States, and

3. the alien has been rehabilitated.

You would apply for this waiver if your visa application is denied, using form I-601.

It sounds to me as though your offense may not be a problem: I have two convictions for CIMTs, and obtained a 212(h)(1)(A) waiver.

Your bigger problem may very well be the earlier entries on VWP while you were ineligible. The two reasons together mean that you really, really do need to get competent advice and assistance with your case.

Take a look here for a summary of excludability and waivers by Henry Chang, who I believe is a respected immigration attorney.