If k-1 & I-601 are denied....
Apr 18th 2007, 9:00 pm
#1
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If k-1 & I-601 are denied....
I am in the process of applying for a k-1 visa, I will almost certainly be denied my initial application as I have had 2 cautions for possesion of cannabis.
I will then apply for a waiver via I-601.
If this is also denied, my fiancee will have to move to the Uk, however as she is a newly qualified lawyer, she will need to gain experience in the US so that she is able to get a job here. So she would not be able to do so until at least 2009.
Will I still be able to travel under the VWP to visit between my application denial & the time she moves here?
I will then apply for a waiver via I-601.
If this is also denied, my fiancee will have to move to the Uk, however as she is a newly qualified lawyer, she will need to gain experience in the US so that she is able to get a job here. So she would not be able to do so until at least 2009.
Will I still be able to travel under the VWP to visit between my application denial & the time she moves here?
Apr 18th 2007, 10:14 pm
#2
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Re: If k-1 & I-601 are denied....
On Apr 19, 10:00 am, bigkevkev <[email protected]>
wrote:
> If this is also denied, my fiancee will have to move to the Uk, however
> as she is a newly qualified lawyer, she will need to gain experience in
> the US so that she is able to get a job here. So she would not be able
> to do so until at least 2009.
Unfortunately the legal profession is one of the least mobile in the
world, so I don't know if that experience would do her any good over
here. I don't know if there is much demand for US qualified lawyers in
the UK. Her US qualifications wouldn't allow her to practice law in
this country, so she would have to take exams to become a UK solicitor
if she wanted to do that.
> Will I still be able to travel under the VWP to visit between my
> application denial & the time she moves here?
With a drug related conviction you are not eligible for the VWP. See
question B on the visa waiver form:
"B. Have you ever been arrested or convicted for an offense or crime
involving moral turpitude or a violation related to a controlled
substance; or been arrested or convicted for two or more offenses for
which the aggregate sentence to confinement was five years seeking
entry to engage in criminal or immoral activities?"
If you attempted to use the VWP they would probably let you in since
they won't know of your cautions, but it might make things a lot more
complicated in the future if you want to move to the US.
wrote:
> If this is also denied, my fiancee will have to move to the Uk, however
> as she is a newly qualified lawyer, she will need to gain experience in
> the US so that she is able to get a job here. So she would not be able
> to do so until at least 2009.
Unfortunately the legal profession is one of the least mobile in the
world, so I don't know if that experience would do her any good over
here. I don't know if there is much demand for US qualified lawyers in
the UK. Her US qualifications wouldn't allow her to practice law in
this country, so she would have to take exams to become a UK solicitor
if she wanted to do that.
> Will I still be able to travel under the VWP to visit between my
> application denial & the time she moves here?
With a drug related conviction you are not eligible for the VWP. See
question B on the visa waiver form:
"B. Have you ever been arrested or convicted for an offense or crime
involving moral turpitude or a violation related to a controlled
substance; or been arrested or convicted for two or more offenses for
which the aggregate sentence to confinement was five years seeking
entry to engage in criminal or immoral activities?"
If you attempted to use the VWP they would probably let you in since
they won't know of your cautions, but it might make things a lot more
complicated in the future if you want to move to the US.
Apr 19th 2007, 1:37 am
#3
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Joined: Apr 2007
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Re: If k-1 & I-601 are denied....
I have used the VWP for the past 3 years and never had a problem.
To be honest, I never knew that a caution would mean that I had to tick 'yes'.
My visa is in process at the moment, so you think they will tell me I have been entering illegally?
surely not!
To be honest, I never knew that a caution would mean that I had to tick 'yes'.
My visa is in process at the moment, so you think they will tell me I have been entering illegally?
surely not!
Apr 19th 2007, 1:40 am
#4
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Joined: Jan 2005
Location: HOME
Posts: 23,182
Re: If k-1 & I-601 are denied....
You DO have an experienced immigration lawyer, I hope...
Apr 19th 2007, 1:54 am
#5
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Re: If k-1 & I-601 are denied....
I am in the process of getting a lawyer. Please note that my K-1 visa Or I-610 have not been denied as of yet. So this is a hypothetical. So no real need for a lawyer, I just wanted to find out.
Also, my fiancee WILL be able to work here in a few years. She could work as an Immigration lawyer to help people like me, who need advice on US immigration law like me, and most other people on this forum!
Also, my fiancee WILL be able to work here in a few years. She could work as an Immigration lawyer to help people like me, who need advice on US immigration law like me, and most other people on this forum!
Apr 19th 2007, 1:57 am
#6
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Location: HOME
Posts: 23,182
Re: If k-1 & I-601 are denied....
I am in the process of getting a lawyer. Please note that my K-1 visa Or I-610 have not been denied as of yet. So this is a hypothetical. So no real need for a lawyer, I just wanted to find out.
Also, my fiancee WILL be able to work here in a few years. She could work as an Immigration lawyer to help people like me, who need advice on US immigration law like me, and most other people on this forum!
Also, my fiancee WILL be able to work here in a few years. She could work as an Immigration lawyer to help people like me, who need advice on US immigration law like me, and most other people on this forum!
Apr 19th 2007, 2:05 am
#7
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Re: If k-1 & I-601 are denied....
Elvira, I know that, but thanks.
I am pretty sure my application will be denied, as I have drug cautions (which are seen as convictions under US Immigration law), so I've hired a lawyer to try see if I can get a I-601 waiver.
My Original question was.....IF both the visa AND the waiver are denied, would I be able to travel under the VWP??
I am pretty sure my application will be denied, as I have drug cautions (which are seen as convictions under US Immigration law), so I've hired a lawyer to try see if I can get a I-601 waiver.
My Original question was.....IF both the visa AND the waiver are denied, would I be able to travel under the VWP??
Apr 19th 2007, 2:09 am
#8
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Re: If k-1 & I-601 are denied....
Elvira, I know that, but thanks.
I am pretty sure my application will be denied, as I have drug cautions (which are seen as convictions under US Immigration law), so I've hired a lawyer to try see if I can get a I-601 waiver.
My Original question was.....IF both the visa AND the waiver are denied, would I be able to travel under the VWP??
I am pretty sure my application will be denied, as I have drug cautions (which are seen as convictions under US Immigration law), so I've hired a lawyer to try see if I can get a I-601 waiver.
My Original question was.....IF both the visa AND the waiver are denied, would I be able to travel under the VWP??
"B. Have you ever been arrested or convicted for an offense or crime
involving moral turpitude or a violation related to a controlled
substance; or been arrested or convicted for two or more offenses for
which the aggregate sentence to confinement was five years seeking
entry to engage in criminal or immoral activities?"
You would need a tourist visa (B2 I think). I expect your lawyer would have a clearer idea of the likelihood of this being granted.
Apr 19th 2007, 2:44 am
#9
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Joined: Feb 2007
Location: Atlanta, GA
Posts: 354
Re: If k-1 & I-601 are denied....
When you say 'cautions'....what do you mean exactly?. You have a police record?...or.....you have been stopped, slapped on the back of the hand and told off and nothing was recorded?.
If you know that stuff will show up on the police check that you have to get for the K-1, you might be wise to follow Elviras advice and contact an Immigration Lawyer for some clarification.
If you know that stuff will show up on the police check that you have to get for the K-1, you might be wise to follow Elviras advice and contact an Immigration Lawyer for some clarification.
Apr 19th 2007, 2:58 am
#10
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Joined: May 2006
Posts: 191
Re: If k-1 & I-601 are denied....
You obviously knew that you had been arrested.
This could raise a question of misrepresentation, in dening a material fact.
Seek good lawyer, ASAP.
P.S. Can you use the VWP again??
No you can't use it, or should i say you are not meant to.
Apr 19th 2007, 3:15 am
#11
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Re: If k-1 & I-601 are denied....
A caution is not a conviction in the UK, however if the OP has ever
been arrested for a drug related crime he won't be able to use the VWP.
been arrested for a drug related crime he won't be able to use the VWP.
Apr 19th 2007, 3:29 am
#12
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Re: If k-1 & I-601 are denied....
I never knew that a caution was seen as an arrest or conviction!
I assumed that a caution was just a slap on the wrists.
So I have never travelled knowingly under false means.
I assumed that a caution was just a slap on the wrists.
So I have never travelled knowingly under false means.
Apr 19th 2007, 3:45 am
#13
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Joined: Mar 2004
Posts: 2
Re: If k-1 & I-601 are denied....
Ignorance of the law is no excuse.
A caution means that you have admitted to the crime.
But anyway you have been arrested and you did not declare that.
One of those things visitors may well get away with, Immigrants are another issue.
Seen a few similar cases on www.visajourney.com
Some cases you can forget it, others you might have some chance. If it was for a small amount, some time back and you can demonstrate that you have mended your ways undergone rehabilitation etc.
A caution means that you have admitted to the crime.
But anyway you have been arrested and you did not declare that.
One of those things visitors may well get away with, Immigrants are another issue.
Seen a few similar cases on www.visajourney.com
Some cases you can forget it, others you might have some chance. If it was for a small amount, some time back and you can demonstrate that you have mended your ways undergone rehabilitation etc.
Apr 19th 2007, 4:25 am
#14
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Re: If k-1 & I-601 are denied....
On Apr 19, 4:29 pm, bigkevkev <[email protected]>
wrote:
> I never knew that a caution was seen as an arrest or conviction!
> I assumed that a caution was just a slap on the wrists.
> So I have never travelled knowingly under false means.
A caution is not a conviction, but presumably you were arrested at
some point before they issued the caution?
By the way, I would strongly recommend you check this forum, which
deals specifically with application for waivers:
http://immigrate2us.net/forum/viewforum.php?f&
wrote:
> I never knew that a caution was seen as an arrest or conviction!
> I assumed that a caution was just a slap on the wrists.
> So I have never travelled knowingly under false means.
A caution is not a conviction, but presumably you were arrested at
some point before they issued the caution?
By the way, I would strongly recommend you check this forum, which
deals specifically with application for waivers:
http://immigrate2us.net/forum/viewforum.php?f&
Apr 19th 2007, 4:41 am
#15
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Location: Avon Lake, OH
Posts: 5,270
Re: If k-1 & I-601 are denied....
By not reading the form you are not making things easier for yourself. It clearly, not in confusing language or a trick question, asks if you have ever been arrested which unless it was the strangest caution of all time, you were. Multiple times. If you did read it then you have knowingly lied to immigration on multiple occasions, if you didn't read it then you have still lied to immigration on multiple occasions and the end result will be the same. You have given yourself a mountain to climb and it might be a good idea to start preparing for life in the UK rather than USA. Unless you lie to immigration again (a highly idiotic idea) you may even find it very difficult to even visit in the future, especially as one drug arrest was only a month ago.
