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Anyone ever get denied I-130 due to moral turpitude?

Anyone ever get denied I-130 due to moral turpitude?

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Old Feb 27th 2003, 3:59 pm
  #1  
Mbjers
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Default Anyone ever get denied I-130 due to moral turpitude?

Anyone got any stories? I am sick of hearing all the time about
people getting approved but what about being denied?
 
Old Feb 27th 2003, 4:50 pm
  #2  
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Old Feb 27th 2003, 5:11 pm
  #3  
Frank
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Default Re: Anyone ever get denied I-130 due to moral turpitude?

On 27/2/03 11:59 AM, in article
[email protected], "MBjers"
wrote:

    > Anyone got any stories? I am sick of hearing all the time about
    > people getting approved but what about being denied?

Yes, an I-130 can be denied. One way is if it is filed in a two-year period
after the beneficiary departed the US with an outstanding removal order (or
after actually being removed). There is a way around this, but that is an
example of how the I-130 could be denied.

Frank

31/30 December
 
Old Feb 27th 2003, 5:23 pm
  #4  
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Default No doubt!

I have been on this board for a few months now, and read mostly of approvals.... I have seen a couple denials, but usually they have to hand in something extra before they are approved....I would like to hear stories about denial on the basis of moral turpitude aswell....because that is what I am facing also.... Anyone here who has been denied the I 601 for moral turp? What happens after that? can you appeal?
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Old Feb 27th 2003, 6:06 pm
  #5  
Frank
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Default Re: Anyone ever get denied I-130 due to moral turpitude?

On 27/2/03 1:23 PM, in article [email protected],
"hazelize" wrote:

    >
    > I have been on this board for a few months now, and read mostly of
    > approvals.... I have seen a couple denials, but usually they have to
    > hand in something extra before they are approved....I would like to hear
    > stories about denial on the basis of moral turpitude aswell....because
    > that is what I am facing also.... Anyone here who has been denied the I
    > 601 for moral turp? What happens after that? can you appeal?
    >
    > --
    > Posted via http://britishexpats.com

The I-130 cannot be denied for crimes of moral turpitude.

The visa can.

Then the I-601 (or I-690) is filed (and a concurrent I-212 if a removal is
involved).

That too can be denied if the legal standard of hardship is not met.

Appeals go to the Administrative Appeals Unit by timely filing of an I-290B.

If they affirm the decision, then there may be grounds for appeal to the
federal courts.

An attorney is advised for any step beyond the visa denial, as each phase
involves procedural and substantive expertise a layperson almost always will
not possess.

Hope this helps, good luck.

Frank

K-3: 12/30-31...waiting
 
Old Feb 27th 2003, 6:19 pm
  #6  
Aaron
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Default Re: Anyone ever get denied I-130 due to moral turpitude?

On 27 Feb 2003 08:59:28 -0800, [email protected] (MBjers) wrote:

    >Anyone got any stories? I am sick of hearing all the time about
    >people getting approved but what about being denied?

Lol! Too positive for yuh?


NOA 1: NSC on OCT. 19, 2002
NOA 2: waiting
 
Old Feb 27th 2003, 7:11 pm
  #7  
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Default Re: Anyone ever get denied I-130 due to moral turpitude?

Lets say, I was approved for the I 129 f, then come time to AOS....I am denied, am I able to wait in the US if we make application to appeal? How long does the process usually take?

I have heard the waiver for the non immigrant visas ( I 129f and I 130 ) are easier to get than for the immigrant visas.... any thoughts on this??

The I-130 cannot be denied for crimes of moral turpitude.

The visa can.

Then the I-601 (or I-690) is filed (and a concurrent I-212 if a removal is
involved).

That too can be denied if the legal standard of hardship is not met.

Appeals go to the Administrative Appeals Unit by timely filing of an I-290B.

If they affirm the decision, then there may be grounds for appeal to the
federal courts.

An attorney is advised for any step beyond the visa denial, as each phase
involves procedural and substantive expertise a layperson almost always will
not possess.

Hope this helps, good luck.

Frank

K-3: 12/30-31...waiting [/QUOTE]
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Old Feb 27th 2003, 8:24 pm
  #8  
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Default Re: Anyone ever get denied I-130 due to moral turpitude?

Originally posted by Mbjers
Anyone got any stories? I am sick of hearing all the time about
people getting approved but what about being denied?
Hi:

No, an I-130 can't be denied as long as their is a lawful bona fide marriage.

As someone else mentioned, obtaining the green card is something else, but you didn't ask about that.
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Old Feb 27th 2003, 8:43 pm
  #9  
Frank
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Default Re: Anyone ever get denied I-130 due to moral turpitude?

On 27/2/03 3:11 PM, in article [email protected],
"hazelize" wrote:

    >
    > Lets say, I was approved for the I 129 f, then come time to AOS....I am
    > denied, am I able to wait in the US if we make application to appeal?
    > How long does the process usually take?

I am assuming you are already in the States. File the I-601 ASAP so that if
it is approved your AOS will not be denied. You should be able to remain in
the States to lodge your appeal, although you could be placed in removal
procedures at the BCIS' discretion (it depends on who you entered the US,
what the CIMT is, etc.) The administrative appeal takes about a year, but
the I-601 waiver takes less (depending on where you file it).

    > I have heard the waiver for the non immigrant visas ( I 129f and I
    > 130 ) are easier to get than for the immigrant visas.... any
    > thoughts on this??

The I-130 is a petition for an immigrant visa, and the I-129f is technically
a nonimmigrant visa, but you would still need the I-601 waiver if you are
intending to remain permanently.

The nonimmigrant waiver is easier to attain only because the legal standard
is lower, if you can prove extreme and unusual hardship you should get the
immigrant waiver.

There may be other facts that may be of help to you (e.g., how long you have
been in America and so on), consult an attorney.

If you are indigent legal aid may be able to help you or charitable church
organizations as well. The BCIS provides such resources in your are.

Good Luck

Frank

K3, somewhere in between 30-31 Dec. 2002...pending
    > The I-130 cannot be denied for crimes of moral turpitude.
    >
    > The visa can.
    >
    > Then the I-601 (or I-690) is filed (and a concurrent I-212 if a
    > removal is
    > involved).
    >
    > That too can be denied if the legal standard of hardship is not met.
    >
    > Appeals go to the Administrative Appeals Unit by timely filing of
    > an I-290B.
    >
    > If they affirm the decision, then there may be grounds for appeal to the
    > federal courts.
    >
    > An attorney is advised for any step beyond the visa denial, as
    > each phase
    > involves procedural and substantive expertise a layperson almost
    > always will
    > not possess.
    >
    > Hope this helps, good luck.
    >
    > Frank
    >
    > K-3: 12/30-31...waiting
    >
    > --
    > Posted via http://britishexpats.com
 
Old Feb 27th 2003, 9:31 pm
  #10  
ScarlettHill
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Default Re: Anyone ever get denied I-130 due to moral turpitude?

Originally posted by Frank
On 27/2/03 3:11 PM, in article [email protected],
"hazelize" wrote:

    >
    > Lets say, I was approved for the I 129 f, then come time to AOS....I am
    > denied, am I able to wait in the US if we make application to appeal?
    > How long does the process usually take?

I am assuming you are already in the States. File the I-601 ASAP so that if
it is approved your AOS will not be denied. You should be able to remain in
the States to lodge your appeal, although you could be placed in removal
procedures at the BCIS' discretion (it depends on who you entered the US,
what the CIMT is, etc.) The administrative appeal takes about a year, but
the I-601 waiver takes less (depending on where you file it).

    > I have heard the waiver for the non immigrant visas ( I 129f and I
    > 130 ) are easier to get than for the immigrant visas.... any
    > thoughts on this??

The I-130 is a petition for an immigrant visa, and the I-129f is technically
a nonimmigrant visa, but you would still need the I-601 waiver if you are
intending to remain permanently.

The nonimmigrant waiver is easier to attain only because the legal standard
is lower, if you can prove extreme and unusual hardship you should get the
immigrant waiver.

There may be other facts that may be of help to you (e.g., how long you have
been in America and so on), consult an attorney.

If you are indigent legal aid may be able to help you or charitable church
organizations as well. The BCIS provides such resources in your are.

Good Luck

Frank

K3, somewhere in between 30-31 Dec. 2002...pending
    > The I-130 cannot be denied for crimes of moral turpitude.
    >
    > The visa can.
    >
    > Then the I-601 (or I-690) is filed (and a concurrent I-212 if a
    > removal is
    > involved).
    >
    > That too can be denied if the legal standard of hardship is not met.
    >
    > Appeals go to the Administrative Appeals Unit by timely filing of
    > an I-290B.
    >
    > If they affirm the decision, then there may be grounds for appeal to the
    > federal courts.
    >
    > An attorney is advised for any step beyond the visa denial, as
    > each phase
    > involves procedural and substantive expertise a layperson almost
    > always will
    > not possess.
    >
    > Hope this helps, good luck.
    >
    > Frank
    >
    > K-3: 12/30-31...waiting
    >
    > --
    > Posted via http://britishexpats.com

Clarification... Hazel is not yet in the States. She is in Canada and she and her fiance want advice because they are trying to decide which is best to go for - K1 or K3.

Regards
-=-
Scarlett
 
Old Feb 27th 2003, 10:36 pm
  #11  
Frank
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Posts: n/a
Default Re: Anyone ever get denied I-130 due to moral turpitude?

On 27/2/03 5:31 PM, in article [email protected],
"ScarlettHill" wrote:

    >
    > Originally posted by Frank
    >> On 27/2/03 3:11 PM, in article
    >> [email protected],
    >> "hazelize" wrote:
    >>
    >>>
    >>> Lets say, I was approved for the I 129 f, then come time to
    >> AOS....I am
    >>> denied, am I able to wait in the US if we make application to
    >> appeal?
    >>> How long does the process usually take?
    >>
    >> I am assuming you are already in the States. File the I-601 ASAP
    >> so that if
    >> it is approved your AOS will not be denied. You should be able to
    >> remain in
    >> the States to lodge your appeal, although you could be placed
    >> in removal
    >> procedures at the BCIS' discretion (it depends on who you
    >> entered the US,
    >> what the CIMT is, etc.) The administrative appeal takes about a
    >> year, but
    >> the I-601 waiver takes less (depending on where you file it).
    >>
    >>> I have heard the waiver for the non immigrant visas ( I 129f and
    >> I
    >>> 130 ) are easier to get than for the immigrant visas....
    >> any
    >>> thoughts on this??
    >>
    >> The I-130 is a petition for an immigrant visa, and the I-129f is
    >> technically
    >> a nonimmigrant visa, but you would still need the I-601 waiver
    >> if you are
    >> intending to remain permanently.
    >>
    >> The nonimmigrant waiver is easier to attain only because the legal
    >> standard
    >> is lower, if you can prove extreme and unusual hardship you
    >> should get the
    >> immigrant waiver.
    >>
    >> There may be other facts that may be of help to you (e.g., how long
    >> you have
    >> been in America and so on), consult an attorney.
    >>
    >> If you are indigent legal aid may be able to help you or
    >> charitable church
    >> organizations as well. The BCIS provides such resources in your are.
    >>
    >> Good Luck
    >>
    >> Frank
    >>
    >> K3, somewhere in between 30-31 Dec. 2002...pending
    >>> The I-130 cannot be denied for crimes of moral turpitude.
    >>>
    >>> The visa can.
    >>>
    >>> Then the I-601 (or I-690) is filed (and a concurrent I-212 if
    >> a
    >>> removal is
    >>> involved).
    >>>
    >>> That too can be denied if the legal standard of hardship is not
    >> met.
    >>>
    >>> Appeals go to the Administrative Appeals Unit by timely filing
    >> of
    >>> an I-290B.
    >>>
    >>> If they affirm the decision, then there may be grounds for
    >> appeal to the
    >>> federal courts.
    >>>
    >>> An attorney is advised for any step beyond the visa denial,
    >> as
    >>> each phase
    >>> involves procedural and substantive expertise a layperson
    >> almost
    >>> always will
    >>> not possess.
    >>>
    >>> Hope this helps, good luck.
    >>>
    >>> Frank
    >>>
    >>> K-3: 12/30-31...waiting
    >>>
    >>> --
    >>> Posted via http://britishexpats.com/"]http://britishexpat-
    >> s.com[/url]
    >
    >
    > Clarification... Hazel is not yet in the States. She is in Canada and
    > she and her fiance want advice because they are trying to decide which
    > is best to go for - K1 or K3.

As far as the waiver is concerned it makes NO difference, she still needs
the I-601 (although, she might be able to get into the country on the I-690
as both the K-1 and K-3 are nonimmigrant visas - but she'll need the I-601
for AOS, so my thesis is why bother getting the I-690 first when the I-601
will still be needed?)

The only difference between the 2 depends on where her fiancé lives. If he
lives under the VSC's jurisdiction the K-1 is the fastest way to get her
here. If not, then the K-3 is likely the quickest. Yet a 3rd option would
be DCF, but I'm 90 % sure they do not do that in Canada (sorry).

I prepared my wife's I-212 and I-601 personally (but I have a JD, practiced
overseas, and have access to legal databases a layperson doesn't) and would
highly recommend competent counsel to maximize chances for success.

I'm off to Europe to wait to file them.

Frank

MSC is up to early December, I'm late December and doomsday March 1 is fast
approaching!

    > Regards
    > -=-
    > Scarlett
    >
    > --
    > Scarlett Hill
    >
    >
    > Posted via http://britishexpats.com
 
Old Feb 28th 2003, 7:43 am
  #12  
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Default

Thanks for the valuable information. I am sure my fiance and I will ponder this for a little longer.... and wait to see what happens after March 1 LOL..... your knowledge and replies has been helpful for us... thank you
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Old Feb 28th 2003, 11:00 am
  #13  
Mbjers
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Default Re: Anyone ever get denied I-130 due to moral turpitude?

Aaron wrote in message news:...
    > On 27 Feb 2003 08:59:28 -0800, [email protected] (MBjers) wrote:
    >
    > >Anyone got any stories? I am sick of hearing all the time about
    > >people getting approved but what about being denied?
    >
    > Lol! Too positive for yuh?
    >
    >
    > NOA 1: NSC on OCT. 19, 2002
    > NOA 2: waiting

Actually Aaron it isnt TOOOOOOO positive. My husband and I have been
trying to immigrate to the US for 2 bloody years thank you. If I had
known in the beginning he'd have all this stupid trouble I would have
been way better prepared. I know there are other people in my
position and I want to hear stories of what they incurred. Since this
doesnt apply to you, please dont smirk about my difficulties.

I am having an EXTREMELY hard time even finding an attorney as I live
in Sweden right now and there arent toooo damn many here that will
even handle it. I need to get back to the US...I am sorry if you
meant the above as a joke..I am very touchy about this subject!
 
Old Feb 28th 2003, 11:05 am
  #14  
Mbjers
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Default Re: Anyone ever get denied I-130 due to moral turpitude?

Folinskyinla wrote in message news:...
    > Originally posted by Mbjers
    > > Anyone got any stories? I am sick of hearing all the time about
    > > people getting approved but what about being denied?
    >
    > Hi:
    >
    > No, an I-130 can't be denied as long as their is a lawful bona
    > fide marriage.
    >
    > As someone else mentioned, obtaining the green card is something else,
    > but you didn't ask about that.

I know the I-130 cant be denied. We did DCF at Stockholm and he had
his final interview last summer. Due to mitigating circumstances we
could not pursue the waiver at that time. Now I am thinking of
pursuing it and wish to know what I should be armed with. Letters,
medical papers etc....The crime he committed was theft, did no jail
time....I am trying to find NC laws that are equivalent to what he
did.
 
Old Feb 28th 2003, 1:24 pm
  #15  
Joyce
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Default Re: Anyone ever get denied I-130 due to moral turpitude?

[email protected] (MBjers) wrote in message news:...
    > Aaron wrote in message news:...
    > > On 27 Feb 2003 08:59:28 -0800, [email protected] (MBjers) wrote:
    > >
    > > >Anyone got any stories? I am sick of hearing all the time about
    > > >people getting approved but what about being denied?
    > >
    > > Lol! Too positive for yuh?
    > >
    > >
    > > NOA 1: NSC on OCT. 19, 2002
    > > NOA 2: waiting
    >
    > Actually Aaron it isnt TOOOOOOO positive. My husband and I have been
    > trying to immigrate to the US for 2 bloody years thank you. If I had
    > known in the beginning he'd have all this stupid trouble I would have
    > been way better prepared. I know there are other people in my
    > position and I want to hear stories of what they incurred. Since this
    > doesnt apply to you, please dont smirk about my difficulties.
    >
    > I am having an EXTREMELY hard time even finding an attorney as I live
    > in Sweden right now and there arent toooo damn many here that will
    > even handle it. I need to get back to the US...I am sorry if you
    > meant the above as a joke..I am very touchy about this subject!

If you search google in marriage based visa only (insert 601) you will
get
a lot of information on moral turpitude and filing form 601 (if you
will have
to).
A couple of years back my husband was denied the I130 visa at his
interview in Montreal. We needed to file the 601 form, with letters
proving extreme hardship, to US citizen (me) if he was not granted
this visa. Health reasons...
your family needing you here to care for them is one reason I used.
Being
separated from each other does not matter to them. It took another 5
months
of waiting but we did get approval...it took 16 months for my husband
and I to be together.
I hope this helps you and good luck.

Joyce
 


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