nelson2

Thanks for your reply, clearly there is some misunderstanding here....I am referring to a waiver of ineligibility for an immigrant visa....see my earlier post i.e.

civilservant

It doesn't. Post either the link you are referring too or the section of the INA where the law reflects your statement.

This is the 3rd time I've asked for it.

scrubbedexpat099

Misinformation passed off as fact?

civilservant

< snip >
Still waiting for that link. Of course you don't have to provide it, but being unable to support your argument with evidence isn't exactly the sure route to credibility.

nelson2

Here you go.
Any foreign national convicted of, or who admits having committed, or who admits committing acts which constitute the essential elements of a crime involving moral turpitude ( other than a purely political offense) or an attempt or conspiracy to commit such a crime is inadmissible. Section 212(a)(2)(A) of the Act, 8 U.S.C. § 1182(a)(2)(A).
Individuals found inadmissible under section 212(a)(2)(A) of the Act for a crime involving moral turpitude may seek a discretionary waiver of inadmissibility under section 212(h) of the Act. Where the activities resulting in inadmissibility occurred more than 15 years before the date of the application, a waiver is available if admission to the United States would not be contrary to the national welfare,
Matter of D-Z
safety, or security of the United States, and the foreign national has been rehabilitated. Section 212(h)(l)(A) of the Act. n: however, the foreign national's conviction is for a violent or dangerous crime, USCIS may not grant a waiver unless the foreign national also shows "extraordinary circumstances" with the final stipulation that, even if such a showing is made, the waiver can still be denied because of the gravity of the offense. 8 C.F.R. § 212.(7)(d).

The Rushman

I got my US Visa through the ineligibilty waiver.

scrubbedexpat099

Which says what we have been saying, no need to wait 15 years.

Fireant

Thanks for all your replies guys.
It's really appreciated and I've gained more knowledge of the situation from you than I have via Google and other forums.

Just one question though.

I read this in the moral turpitude sticky on the forum page:

The Petty Offense Exception. There is a “petty offense” exception. If the conviction was for a petty offense, the alien may still be admissible. A petty offense is defined as one in which (a) the maximum possible penalty for the crime did not exceed imprisonment for one year and (b) the alien was not sentenced to a term of imprisonment in excess of six months -- whether the sentence was ultimately executed or served or not. The petty offense exception is not available if more than one CIMT offense was committed or admitted.


As I've never been in prison, and the crimes I committed were community service and / or fines. Would I be under tlThe petty offence exception as mentioned above?

Anyway, once again, thanks for all your help with this. It seems there is light at the end of the tunnel after all, (well apart from the 15 years comments) 😂.

tht

scrubbedexpat099

What was your maximum possible penalties?

nelson2

Boiler, I disagree with your interpretation...see the Administrative Appeals Decision …

Non-Precedent Decision of the Administrative Appeals Office
DATE: NOV. 21, 2018
MOTION ON ADMINISTRATIVE APPEALS OFFICE DECISION
APPLICATION: FORM 1-601, APPLICATION FOR WAIVER OF GROUNDS OF INADMISSIBILITY
The Applicant, a citizen of Haiti currently residing in the United States, has applied to adjust status to that of a lawful permanent resident. A foreign national seeking to adjust status must be "admissible" or receive a waiver of inadmissibility. The Applicant was found inadmissible for a crime involving moral turpitude (CIMT) and seeks a waiver of that inadmissibility. Immigration and Nationality Act (the Act) section 212(h), 8 U.S.C. § 1182(h). U.S. Citizenship and Immigration Services (USCIS) may grant this discretionary waiver if refusal of admission would result in extreme hardship to any qualifying relatives, or, because the activities for which the foreign national is inadmissible occurred at least 15 years ago, if the foreign national's admission would not be contrary to the national welfare, safety, or security of the United States, and the foreign national has been rehabilitated.
The Director of the West Palm Beach, Florida Field Office denied the application, finding the Applicant inadmissible for having committed a CIMT. The Director then found the Applicant was not eligible for a discretionary waiver because it had not been 15 years since the events which led to her conviction nor had she shown her U.S. citizen father, her only qualifying relative, would experience extreme hardship as a result of her waiver being denied.

nelson2

Fireant, If you were convicted in a Magistrates Court, then its more likely than not that you will qualify under the petty offence exemption. If convicted in a Crown Court, then petty offence exemption will not apply. The max sentence of 7 years for theft will only apply if convicted in a Crown Court. The max sentence in a Magistrates Court is 6 months.

scrubbedexpat099

Yet again contradicts what you stated.

materialcontroller

At the risk of dragging this thread even further off topic, I simply can't understand the point that you and civilservant have been trying to make.

Reading the passages that have been indicated in the FAM, it does seem to be suggesting that an immigrant visa waiver of ineligibility (of the type that the OP might eventually wish to pursue in the case of marriage to the USC significant other) won't be considered if less than 15 years has passed since the offences or other activity which made the applicant ineligible.

Unless I'm missing something glaringly obvious, where is the contradiction and what exactly is wrong with what nelson2 has been trying to say?

scrubbedexpat099

It does not say that, there is no 15 year wait, it is a or situation.