pitymetorockypoint

My wife (USC) has just filled an I-130 last week and answered the question, Has your relative ever been under immigration proceedings? With an honest No. However i'll be applying for a B2 visa in the next couple of weeks and fully expect to hit problems regarding my criminal record and misrepresentation on VWP. If i'm deinied or referred for a waiver will USCIS need to be informed about this to make an adjustment on I-130?

S Folinsky

I don't understand your question. Why would USCIS need to be notified? There are no questions on the I-130 related to visa applications or denials similar to the one about EOIR proceedings.

ian-mstm

The I-130 was correct when completed and filed. That's all that's important.

Your issue, as discussed in numerous other threads, will pop up when it's time for you to actually apply for the immigrant visa. You'll proabably also have issues if/when you apply for a B-2 visa.

The curious thing is, you know all that already... so I guess we don't need to rehash it again!

Ian

meauxna

I encourage you to do substantial research on the B-2 application idea *before* you actually apply.

While it won't affect the I-130 in progress, and it likely won't affect your immigrant visa application, it's extremely likely that the application will be denied, especially if it needs a waiver on top of it.

You might find your resources are better spent on successfully applying for the Immigrant Visa instead of wasting money on a doomed B application.

materialcontroller

I could find myself in a similar position to OP in future and am interested to hear why you think they may be inclined to refuse the B2 in this instance? What about if a waiver of ineligibility is required - they'd obviously refuse the visa application (as that is a prerequisite for the waiver), but would they also not recommend the waiver either?

As I understand, most IV applicants are able to visit the USA using VWP while their case is being processed. But if an applicant is, for whatever reason, unable to use VWP, would they not be able to apply for a B2 waiver of ineligibility for a short visit?

Noorah101

Yes, they can apply. Anyone can apply. B-2's are not given out very easily, and in this case he evidently needs a waiver, making it even more difficult, and he also has immigrant intent, making it VERY difficult.

Rene

meauxna

You are not entitled to visit the US, VWP or not (view of US gov't). There are many, many (maybe even MANY) current threads running on this topic in the main immigration forum here.

You are 'able' to apply.. go ahead, it's no money out of my wallet. Recent history shows your rate of success is up for discussion.

materialcontroller

Well I never mentioned entitlement but I do understand your point. However there is no reason to assume that OP will necessarily encounter difficulties applying for a non-immigrant visa (or a waiver of ineligibility if he's declined). Especially as he seems to be obeying all the rules and, by asking questions here, doing his research vis-a-vis his immigrant visa application and overall approach to the problems of US immigration.

My own experience, which I understand is completely unrelated and therefore not indicative of OPs case, is that I've applied for two B2 visas (one last year and one this year). Now both were denied because of my record of CIMTs. But in both cases I have been recommended for a waiver of ineligibility. As it has only been 5 weeks since my interview, I'm still waiting for the outcome of the latest application. But that does show that these things can be done.

I'm sure I read somewhere (may even have been on this forum) that over 60% of CIMT cases worldwide manage to overcome the inadmissibility. So yes there's a pretty large percentage who don't, but overall I would caution against taking an overly pessimistic view of things.

jeffreyhy

Not to belabor the point, m was simply noting the point of view from which the law is written. It had nothing to do with how you might feel about it. Disagree with you here. The anecdotal evidence seems to indicate that people from VWP countries who, because of their past behavior, are no longer eligible for the VWP and have indicated strong intentions to immigrate by having a visa petition or visa application in play and are inadmissible to the USA to begin with, are usually denied B2 visas.

As for obeying the rules, he did mention mistepresentationon the VWP. More often than not the penalty for misrepresentation is more severe than the penalty for whatever it was that was misrepresented.
Seems to me that you [unsuccessful] experience, rather than showing that "these things can be done", shows that the other posters are correct in their assessment of the situation - the OP may very well have problems.
Regards, JEff

materialcontroller

Of course they are denied B2 visas if they are inadmissible! The OP was asking if a B2 denial would affect the chances of his immigrant visa application having a successful outcome. I assume he has already determined that he can't use VWP and this is why he's exploring the B2 visa - to enable him to visit his wife. Bear in mind that being denied a B2 is not the end of all options. It may well be that he is eligible to be considered for a waiver of ineligibility if they deny the visa. However he must still apply for the B2 first. You cannot apply directly for the waiver.

With respect, without further details from the OP as to the nature of this apparent "misrepresentation", none of us can even be sure that it's going to be an issue.

In what way was my experience "unsuccessful"? Sure, the visa was denied but then I knew that was going to happen anyway. I'm unsure of OPs intentions regarding the B2, but my goal was to be able to visit the USA. The fact that I was recommended for, and received, a waiver of ineligibility which allowed me to do just that, means that I regard my own experience as highly positive. And while I accept it could still be denied by DHS, the fact that I have been recommended for a further waiver of ineligibility in another, more recent, application merely reinforces the point.

meauxna

I think you're mixing up different things. It's nothing to do with the ineligibility & waiver. My reply was particular to the IV application. The person can simply wait outside the US until their immigrant visa application is complete.

B visas are commonly (recently) denied for people who are ineligible to use the VWP. The immigration forum is full of threads on the topic. My suggestion is that OP read those before applying. That is all.

Like I said, it's not my money. I don't care what (you all) do. It's not illegal to apply, but I wouldn't expect that just because one is ineligible for the VWP that they should expect to get a B visa because 'that's the only way they can visit' the US. Some people just don't get to visit.

jeffreyhy

Ahhh, OK, you had'nt mentioned that the previous recommended waiver had been applied for and granted. Thanks for adding that, it does change the perspective.

Regards, JEff

materialcontroller

My apologies JEff. My earlier comment wasn't very clear. Sorry if you were misled by my oversight.

pitymetorockypoint

Thanks Ian. Thats the info i was looking for.