Is this game over?
Mar 13th 2018, 1:00 pm
#76
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Joined: Feb 2009
Posts: 88
Re: Is this game over?
For non immigrant visa there is no waiver application.
The Consulate make a recommendation on your behalf and you wait.
The Consulate make a recommendation on your behalf and you wait.
Mar 13th 2018, 1:09 pm
#77
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Re: Is this game over?
[QUOTE=Rete;12461662]
Does this mean he is ok to do what?
The consular officer is not there to make your husband's or your life easier. He is there to see that those who apply for visas to the US meet the criteria. Your husband did not. It is not the CO's job to walk your husband through the waiver steps.
In my opinion, yes, it is. Waivers are given all the time but there is no guarantee of receiving an approval, even if the CO were to have come out and said "submit the waiver application and you will be approved". He cannot do that because he does not make the decision.
Have you sought legal advice at all on what and how to complete the waiver application? Might be a good time to spend a bit to make sure it is done correctly. Good luck.
a)I meant is this a good thing and the best case scenario.
b) I agree hence me using this board to clarify
c) I don't understand what you mean about submitting an application, I assumed we don't have to do anything now but wait
Does this mean he is ok to do what?
The consular officer is not there to make your husband's or your life easier. He is there to see that those who apply for visas to the US meet the criteria. Your husband did not. It is not the CO's job to walk your husband through the waiver steps.
In my opinion, yes, it is. Waivers are given all the time but there is no guarantee of receiving an approval, even if the CO were to have come out and said "submit the waiver application and you will be approved". He cannot do that because he does not make the decision.
Have you sought legal advice at all on what and how to complete the waiver application? Might be a good time to spend a bit to make sure it is done correctly. Good luck.
b) I agree hence me using this board to clarify
c) I don't understand what you mean about submitting an application, I assumed we don't have to do anything now but wait
Mar 13th 2018, 2:19 pm
#78
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Joined: Apr 2001
Posts: 46,391
Re: Is this game over?
[QUOTE=karenkaren1;12461680]
No, you don't have to submit anything. I forgot you weren't going for a waiver of inadmissibility for an immigration visa. My mistake.
Jun 11th 2018, 7:19 pm
#79
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Re: Is this game over?
hi, advice needed please
my husband was about to start application for L1 (and L2 for myself and our 2 children),
we are about to start the process, when on investigating police certificate, we are devastated to see that over 24 yrs ago, when my husband in his youth (but over 18!!), got caught with some weed in his car (under 30g), he paid the fine and thought no more of it. I never even knew and Im his wife!! Im further dismayed that it has been recorded as a conviction. (he pleaded guilty and chose £150 fine over 6 mths prison time and ignorantly thought nothing more of it).
I can see we can go through the process of applying for a waiver of inadmissibility, but more worrying is that we have travelled several times to the USA over the last 20 years without even thinking about declaring this. Sheer ignorance but never even occurred to him. Is this game over for us? I am terrified he will incur a lifetime ban.
He has an otherwise unblemished history, and is a successful business man and it was 24 yrs ago. Is this even relevant?
thank you in advance, but i would really appreciate any similar experiences and outcomes.
K
my husband was about to start application for L1 (and L2 for myself and our 2 children),
we are about to start the process, when on investigating police certificate, we are devastated to see that over 24 yrs ago, when my husband in his youth (but over 18!!), got caught with some weed in his car (under 30g), he paid the fine and thought no more of it. I never even knew and Im his wife!! Im further dismayed that it has been recorded as a conviction. (he pleaded guilty and chose £150 fine over 6 mths prison time and ignorantly thought nothing more of it).
I can see we can go through the process of applying for a waiver of inadmissibility, but more worrying is that we have travelled several times to the USA over the last 20 years without even thinking about declaring this. Sheer ignorance but never even occurred to him. Is this game over for us? I am terrified he will incur a lifetime ban.
He has an otherwise unblemished history, and is a successful business man and it was 24 yrs ago. Is this even relevant?
thank you in advance, but i would really appreciate any similar experiences and outcomes.
K
Last edited by karenkaren1; Jun 11th 2018 at 7:25 pm.
Jun 11th 2018, 11:12 pm
#80
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Joined: Feb 2009
Posts: 88
Re: Is this game over?
Congrats.
I have been in US 7 months now and meeting Immigrations lawyer to start Green Card process.
This is going to be tough as I am here with a waiver for the possession and wilful misrep. I am going to challenge the misrep as like your husband i travelled on Esta and didn’t intentionally hide the fact. My conviction was also 24 years ago.
I have been in US 7 months now and meeting Immigrations lawyer to start Green Card process.
This is going to be tough as I am here with a waiver for the possession and wilful misrep. I am going to challenge the misrep as like your husband i travelled on Esta and didn’t intentionally hide the fact. My conviction was also 24 years ago.
Jun 13th 2018, 2:59 am
#81
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Re: Is this game over?
Congrats.
I have been in US 7 months now and meeting Immigrations lawyer to start Green Card process.
This is going to be tough as I am here with a waiver for the possession and wilful misrep. I am going to challenge the misrep as like your husband i travelled on Esta and didn’t intentionally hide the fact. My conviction was also 24 years ago.
I have been in US 7 months now and meeting Immigrations lawyer to start Green Card process.
This is going to be tough as I am here with a waiver for the possession and wilful misrep. I am going to challenge the misrep as like your husband i travelled on Esta and didn’t intentionally hide the fact. My conviction was also 24 years ago.
keep us posted
Jun 19th 2018, 12:08 am
#83
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Aug 3rd 2022, 6:32 pm
#84
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Re: Is this game over? definitely not!
Could I ask another question please.... Just supposing my husband got the waiver of inadmissibility, and gets his L1 approved, we would hope that this would progress naturally to a green card further down the line. Would he then need a further waiver f(i601) for the green card, from the research I have done, I can see that 'if' this is the case, one of the criteria is that he has dependent USC who would suffer extreme hardship if it wasn't granted?!?
long story short:
June 2018 - we moved to USA on L1 and L2 visa. My husband needed a non-immigrant waiver of inadmissibility for old conviction of possession of marijuana (under 30g) before L1 approval.
Dec 2020 - my husband filed I-140 (immigrant petition for Alien worker)
* my lawyer advised he apply on his own and not concurrently with I-485 as precaution that if for some reason it is denied then myself and our children won't have a visa denial also the making us ineligible for future esta applications.
Nov 2021 - he got his I-140 approved
Dec 2021 - I-485 filed for my husband, myself and our 2 children (full disclosure of historical conviction given)
Aug 2022 - all approved WITHOUT a being asked for either an interview or immigrant waiver I-601
I feel like the shackles have been removed!
Last edited by karenkaren1; Aug 3rd 2022 at 6:37 pm.
Aug 3rd 2022, 7:30 pm
#85
DE-UK-NZ-IE-US... the TYP
Joined: Mar 2010
Posts: 2,855
Re: Is this game over?
Great that you updated your journey the whole way along. I am sure it will be useful to others.
There are so many “Brit wants to move to Florida” posts on here and they get “shot down”.
While the waiver part is less unique I thinks the Owner/operator L1 and GC process is way less common and by the looks of your relatively fast journey has been a much smoother process than an E1 and much cheaper way to a GC than an EB5. Sure it’s not an easy path either but you made it work!
There are so many “Brit wants to move to Florida” posts on here and they get “shot down”.
While the waiver part is less unique I thinks the Owner/operator L1 and GC process is way less common and by the looks of your relatively fast journey has been a much smoother process than an E1 and much cheaper way to a GC than an EB5. Sure it’s not an easy path either but you made it work!
Aug 3rd 2022, 7:36 pm
#86
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Re: Is this game over?
Great that you updated your journey the whole way along. I am sure it will be useful to others.
There are so many “Brit wants to move to Florida” posts on here and they get “shot down”.
While the waiver part is less unique I thinks the Owner/operator L1 and GC process is way less common and by the looks of your relatively fast journey has been a much smoother process than an E1 and much cheaper way to a GC than an EB5. Sure it’s not an easy path either but you made it work!
There are so many “Brit wants to move to Florida” posts on here and they get “shot down”.
While the waiver part is less unique I thinks the Owner/operator L1 and GC process is way less common and by the looks of your relatively fast journey has been a much smoother process than an E1 and much cheaper way to a GC than an EB5. Sure it’s not an easy path either but you made it work!
Aug 5th 2022, 2:12 pm
#87
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Re: Is this game over?
I am so glad it was a happy ending. A past forgotten conviction for myself caused us so much stress at the time. In the end, the ACRO Police report and a brief description of the circumstances to the interviewing officer and all was fine.
He appeared to be asking me the question about my 1992 conviction in an almost 'it's fine, I know what it is but wanted to hear it from you' kind of way. I don't think he looked up from his screen. I still had to address it and could not ignore it, but I had it covered by explaining it.
3 mins later and all good to go.
He appeared to be asking me the question about my 1992 conviction in an almost 'it's fine, I know what it is but wanted to hear it from you' kind of way. I don't think he looked up from his screen. I still had to address it and could not ignore it, but I had it covered by explaining it.
3 mins later and all good to go.
Aug 25th 2022, 8:10 pm
#88
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Re: Is this game over?
Hi in similar situation, glad your husband was able to get his waiver in the end.
Aug 25th 2022, 9:35 pm
#89
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Joined: Aug 2022
Posts: 11
Re: Is this game over?
Any advice would be appreciated
my criminal conviction was in 1999 (receiving money via deception) then in 2007 was my 1st visit to us was advised by travel agent tick no one Esta traveled all was ok visited again in 2014 again on esta then in 2017 applied b1b2 I did not declare arrest conviction then in 2019 moved on to spouce e2 I did not decler again (yes I know how this is looking but generally did beleave all was ok to do this very naive and ignorant on my behalf as listen to advice from 1st esta in 2007 from travel agent) but now my husband has submitted for green card. I’ve accepted the likeliness is I will be sent hope but my question is can I overcome this with a waiver ?
my criminal conviction was in 1999 (receiving money via deception) then in 2007 was my 1st visit to us was advised by travel agent tick no one Esta traveled all was ok visited again in 2014 again on esta then in 2017 applied b1b2 I did not declare arrest conviction then in 2019 moved on to spouce e2 I did not decler again (yes I know how this is looking but generally did beleave all was ok to do this very naive and ignorant on my behalf as listen to advice from 1st esta in 2007 from travel agent) but now my husband has submitted for green card. I’ve accepted the likeliness is I will be sent hope but my question is can I overcome this with a waiver ?
Aug 25th 2022, 10:43 pm
#90
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Joined: Feb 2010
Location: Los Angeles, California
Posts: 8,427
Re: Is this game over?
Any advice would be appreciated
my criminal conviction was in 1999 (receiving money via deception) then in 2007 was my 1st visit to us was advised by travel agent tick no one Esta traveled all was ok visited again in 2014 again on esta then in 2017 applied b1b2 I did not declare arrest conviction then in 2019 moved on to spouce e2 I did not decler again (yes I know how this is looking but generally did beleave all was ok to do this very naive and ignorant on my behalf as listen to advice from 1st esta in 2007 from travel agent) but now my husband has submitted for green card. I’ve accepted the likeliness is I will be sent hope but my question is can I overcome this with a waiver ?
my criminal conviction was in 1999 (receiving money via deception) then in 2007 was my 1st visit to us was advised by travel agent tick no one Esta traveled all was ok visited again in 2014 again on esta then in 2017 applied b1b2 I did not declare arrest conviction then in 2019 moved on to spouce e2 I did not decler again (yes I know how this is looking but generally did beleave all was ok to do this very naive and ignorant on my behalf as listen to advice from 1st esta in 2007 from travel agent) but now my husband has submitted for green card. I’ve accepted the likeliness is I will be sent hope but my question is can I overcome this with a waiver ?