Inadmissibility Waiver For INA 212 (Criminal)
Mar 28th 2011, 10:03 am
#1
Jedi Princess
Thread Starter
Joined: Jun 2006
Location: Melbourne,Australia
Posts: 2,089
Inadmissibility Waiver For INA 212 (Criminal)
Friend of mine and his USC lady friend are considering getting married.
He has multiple convictions inc some CIMT and was once sentenced to a term of 2 years imprisonment (20 years ago). His last conviction (disorderly conduct kind of thing) was in 1995, So 16 years ago.
He thinks he should be ok with inadmissibilty waiver on that score due to the passage of time without any further convictions, but in 09 appeared in court for 'assault' (actually a verbal assault with a neighbour), plead guilty but was unconditionally discharged WITHOUT conviction.
His police certificate WILL record this matter even though he was discharged unconditionally without conviction. He's just a bit concerned that its recency might spoil his otherwise 16 years absence from any court appearances.
Also, as alcohol was an aggravating factor does he need to admit this at consular interview given that the incident resulted in no conviction? And if so, should he also apply for a health grounds waiver in additional to the criminal waiver on the I-601 ?
Can consular official even bring this matter up as it was a non-conviction that neither involved drugs (he has no drug convictions whatsoever) nor was it an indictible offence ? He wants to be honest but not naive and ruin his chances of migration by 'putting his foot in his mouth'
Many thanks for your help
He has multiple convictions inc some CIMT and was once sentenced to a term of 2 years imprisonment (20 years ago). His last conviction (disorderly conduct kind of thing) was in 1995, So 16 years ago.
He thinks he should be ok with inadmissibilty waiver on that score due to the passage of time without any further convictions, but in 09 appeared in court for 'assault' (actually a verbal assault with a neighbour), plead guilty but was unconditionally discharged WITHOUT conviction.
His police certificate WILL record this matter even though he was discharged unconditionally without conviction. He's just a bit concerned that its recency might spoil his otherwise 16 years absence from any court appearances.
Also, as alcohol was an aggravating factor does he need to admit this at consular interview given that the incident resulted in no conviction? And if so, should he also apply for a health grounds waiver in additional to the criminal waiver on the I-601 ?
Can consular official even bring this matter up as it was a non-conviction that neither involved drugs (he has no drug convictions whatsoever) nor was it an indictible offence ? He wants to be honest but not naive and ruin his chances of migration by 'putting his foot in his mouth'
Many thanks for your help
Mar 28th 2011, 12:04 pm
#2
Account Closed
Joined: Aug 2002
Location: Kentucky
Posts: 38,865
Re: Inadmissibility Waiver For INA 212 (Criminal)
Also, as alcohol was an aggravating factor does he need to admit this at consular interview given that the incident resulted in no conviction?
Can consular official even bring this matter up as it was a non-conviction that neither involved drugs (he has no drug convictions whatsoever) nor was it an indictible offence ?
He wants to be honest but not naive and ruin his chances of migration by 'putting his foot in his mouth'
Ian
Mar 29th 2011, 4:46 am
#3
Account Closed
Joined: Mar 2004
Posts: 2
Re: Inadmissibility Waiver For INA 212 (Criminal)
Unless she has issues there is always at least one other option.
So I would not rule out marriage.
So I would not rule out marriage.
Mar 29th 2011, 4:46 am
#4
Account Closed
Joined: Mar 2004
Posts: 2
Re: Inadmissibility Waiver For INA 212 (Criminal)
Unless she has issues there is always at least one other option.
So I would not rule out marriage.
So I would not rule out marriage.
