materialcontroller

• Get all the information and paperwork you need
• Make a visa application
• Answer all their questions fully and honestly (both on the application and at the interview)
• DO NOT elaborate or tell them details of anything that they haven't specifically asked you about
• Hope for the best
• If approved, great. If not, try again in a few years time

The Rushman

Exactly this!

Dorothy

It makes no difference whether you see them or not. The fact is, they are your family. I have a brother I haven't seen since December 2008 and likely will never see again. Is he still my brother for immigration purposes? Yes. Yes he is,

US immigration doesn't care about distant cousins you've never seen or who you haven't seen in years. They are interested in your immediate relatives.

Fireant

Understood.
Thanks for your comment.

No harm in just trying I guess.

Somebody on another forum just sent me this....


Ihttps://www.express.co.uk/travel/art...e-on-esta-form
It's dated three years ago and it's probably not even correct.

But it mentions that if the time of five years or more have elapsed then it isn't considered to be Moral Turpitude?

​​​​​​

civilservant

Yeah that isn't correct. Even if it was 50 years ago, a CIMT is a CIMT and needs to be declared.

You're just far far more likely to be recommended for a waiver if you've kept your nose clean for 5 years then if it happened 2 weeks ago.

If this 'other forum' is Visa Journey, please ignore them. That site is full of misinformation passed off as fact.

Fireant

Thankyou very much 👍🏻

Infact it was another forum, but the person who private messaged me said that they found the link from Visa Journey 😂

Once again Thankyou for clearing that up.

nelson2

Civilservant, Here you go the article you call rubbish is highlighted below. I suggest you read the article very carefully and slowly before making comments that are unfounded...…………….A waiver is available only if

1. the alien is the spouse, parent, son, or daughter of a US citizen or lawful permanent resident and denial of an immigrant visa and admission to the US would result in extreme hardship to the US citizen or lawful permanent resident spouse, parent, son, or daughter of the alien; or
2. the activities for which the alien is inadmissible occurred more than 15 years before the date of the application for a visa, admission to the US or adjustment of status, and the alien’s admission would not be contrary to the national welfare, safety, or security of the US, and the alien has been rehabilitated.

1.  
   1. Criminal and Related Grounds:
   2. Waivers are available to aliens otherwise ineligible by reason of criminal and related grounds, as follows:
      1. Aliens convicted of, or who admit the essential elements of, crimes of moral turpitude (except for murder or criminal acts involving torture and attempts or conspiracy to commit either);
      2. Aliens ineligible due to the commission of more than one crime;
      3. Aliens ineligible for prostitution; and
      4. Aliens convicted of a single offence of simple possession of 30 grams or less of marijuana.

Jerseygirl

Just apply for the visa. You won’t know until you do and the quicker you apply, the quicker you will know whether you can go to the US for Christmas. Do it now!!

civilservant

Care to actually link the 'article' that you talk about?

You shouldn't be mentioning articles anyway, the only relevant law is in the INA. I can assure you, there is no trash about '15 years' in it in relation to a waiver of the criminal record/good moral character requirement.

You appear to be talking about the 'extreme hardship' waiver. Which is entirely separate from that being discussed here, and is not recommended by an officer at any point. It's a speculative application which almost never succeeds.

materialcontroller

The way I read nelson2's earlier post, it was outlining the hypothetical steps that would be required in the event of the OP getting married and seeking an immigrant visa waiver (which would require proving extreme hardship to the USC spouse); not the NIV waiver process that is forming the main part of the discussion.

nelson2

Dear Materialcontroller,

Thank you. You are absolutely correct in your assumption, thank you for clearing that up. I was referring to an immigrant visa as Fireant has also referred to possibility of a K1 Visa. If he were to apply for the K1 visa, at this juncture, it will be declined, on the assumption that he does not qualify for a 'petty offence' exception. I have highlighted the grounds under which one can qualify for a waiver for an immigrant visa. One is Hardship and the other is passage of time, which is 15 years from the date of last conviction before applying for an immigrant visa (DS260), which once declined requires 1-601 to be completed and approved.

• Immigrant Visas:
• Waivers for immigrant visas are limited to certain grounds of ineligibility and are often available only if the ineligible alien has a qualifying US citizen or lawful permanent resident relative. A waiver may be granted by DHS, without the requirement of a recommendation by a consular officer or the Secretary of State, for the following grounds:
  1. Health-Related Grounds:
  2. A waiver of inadmissibility may be granted to an alien determined ineligible for a visa and inadmissible to the U.S. if found to have a communicable disease of public health significance, if the alien is the spouse, unmarried son or daughter or the minor unmarried lawfully adopted child of a US citizen, lawful permanent resident, or a person issued an immigrant visa. A waiver for an immigrant visa is available in certain limited circumstances for aliens found ineligible for having, or for having had, a physical or mental disorder and associated harmful behaviour. A waiver for an immigrant visa is not available for drug users and addicts.
  3. Criminal and Related Grounds:
  4. Waivers are available to aliens otherwise ineligible by reason of criminal and related grounds, as follows:
     1. Aliens convicted of, or who admit the essential elements of, crimes of moral turpitude (except for murder or criminal acts involving torture and attempts or conspiracy to commit either);
     2. Aliens ineligible due to the commission of more than one crime;
     3. Aliens ineligible for prostitution; and
     4. Aliens convicted of a single offence of simple possession of 30 grams or less of marijuana.
  A waiver is available only if
  1. the alien is the spouse, parent, son, or daughter of a US citizen or lawful permanent resident and denial of an immigrant visa and admission to the US would result in extreme hardship to the US citizen or lawful permanent resident spouse, parent, son, or daughter of the alien; or
  2. the activities for which the alien is inadmissible occurred more than 15 years before the date of the application for a visa, admission to the US or adjustment of status, and the alien’s admission would not be contrary to the national welfare, safety, or security of the US, and the alien has been rehabilitated.

scrubbedexpat099

So not true.

nelson2

Please expand...…...…….

scrubbedexpat099

There is no 15 year wait.

civilservant

Agreed that that's what he was trying to do, but, again, there is no defined '15 year waiting period' for a wavier in the INA.

And he still hasn't posted this article that he's getting this information from.