Forum	Title	Content	Member	Sex	Country	Date/Time
Waivers (I-601 and I-212) and Administrative Processes (221g)	On-line tracking system of I-601's submitted in London	Yeah I hear you ladies, I've been checking on and off today. I'm half tempted to send them an anonymous email and say.............."IS ANYBODY THERE" Don't you worry Tiff. If your still here when I get word. I swear we will all buy a ticket and go over there with you. Have you tried an email again. They DID tell you it was being worked on a few weeks ago. I would think you have waited long enough to justify a new email. Heck if they answer you at least we would know someone was there. Well if we don't hear anything in the next few minutes...........you guys have a good weekend. Vicky	Baileyj96	Female	United Kingdom	2006-07-07 10:02:00
Waivers (I-601 and I-212) and Administrative Processes (221g)	On-line tracking system of I-601's submitted in London	NOPE ....................only if you consider #$^&*(&%^&^$#^^*)#@@$$%(&* nice! If your wondering. .....that was a whole poop pot full of cuss words!!!!!! Ya know I'm really starting to dislike London. And I know they are one of the quicker embassy's but dang it already. I've sat here for over a year and watched people get theirs done in a few weeks and now this. (oh and I don't need a whoopin, telling me that london is still faster than most) I know they are, but still. I hope they are all enjoying their vacation and come back all refreshed. Maybe they will start spitting them out left and right then. lol Ok enough whinning for today. See you guys tomorrow. Vicky	Baileyj96	Female	United Kingdom	2006-07-06 16:11:00
Waivers (I-601 and I-212) and Administrative Processes (221g)	On-line tracking system of I-601's submitted in London	Hey everyone........well Beetee, Tiff and Paul. I guess that's everyone. lol We didn't do much yesterday. About the time we were going to do our fireworks it started to rain so we will probably do them tonight. I've got a full house right now. My oldest daughter, her husband and my grandson moved in with me for a week or so. They are waiting on their apartment. It's not been too bad so far but I'm sure I will be ready for some peace and quiet soon. It's killing my grocery bill too. Good grief I didn't know 4 people could eat so much. Again............. I don't have anything good to say about this list ..........so I'm keeping my lips zipped. I hate that they haven't updated us. I also hate it that Tiff hasn't heard something by now. I guess they know there is not much we can do but sit and wait. I keep checking to see if they have raised the time on the waivers yet. Haven't noticed anything yet but I fully expect them to do it. I don't see how they can expect to keep their 12 to 15 weeks at the rate they seem to be going right now. Only if they have a bunch completed and haven't put it on there. Oh well enough about that. Yack at you guys soon, Vicky	Baileyj96	Female	United Kingdom	2006-07-05 10:24:00
Waivers (I-601 and I-212) and Administrative Processes (221g)	Whats moral turpitude?	Give this a read. might answer some questions for you. If you want google 9 FAM 40.21 (a) N 3). Might be easier to read that way. Good luck, Baileyj U.S. Department of State Foreign Affairs Manual Volume 9 - Visas 9 FAM 40.21(A) NOTES (CT:VISA-753; 06-29-2005) (Office of Origin: CA/VO/L/R) 9 FAM 40.21(A) N1 APPLYING INA 212 INA 212(A)(2)(A)(I)(I) 9 FAM 40.21(a) N1.1 Determining Ineligibility (CT:VISA-753; 06-29-2005) When adjudicating a visa application for an applicant whom the consular officer has reason to believe has committed a crime, the officer shall determine whether: (1) The offense was purely political (see 9 FAM 40.21(a) N10) (2) The offense committed involves moral turpitude (See 9 FAM 40.21(a) N2); (3) The applicant has been convicted (see 9 FAM 40.21(a) N3); and (4) The applicant has admitted or may admit that he or she has committed acts which constitute the essential elements of a crime (see 9 FAM 40.21(a) N5.) 9 FAM 40.21(a) N1.2 Exceptions to Ineligibility (CT:VISA-753; 06-29-2005) Certain statutory exceptions may prevent a determination of ineligibility by reason of a conviction for a crime involving moral turpitude. These exceptions relate to: (1) Crimes committed prior to age 18 (see 9 FAM 40.21(a) N8 and N9) or (2) Certain purely political offenses and convictions. 9 FAM 40.21 Notes Page 1 of 27 U.S. Department of State Foreign Affairs Manual Volume 9 - Visas 9 FAM 40.21(A) N2 MORAL TURPITUDE 9 FAM 40.21(a) N2.1 Evaluating Moral Turpitude Based Upon Statutory Definition of Offense and U.S. Standards (CT:VISA-753; 06-29-2005) To render an alien ineligible under INA 212(a)(2)(A)(i)(I), the conviction must be for a statutory offense, which involves moral turpitude. The presence of moral turpitude is determined by the nature of the statutory offense for which the alien was convicted, and not by the acts underlying the conviction. Therefore, evidence relating to the underlying act, including the testimony of the applicant, is not relevant to a determination of whether the conviction involved moral turpitude except when the statute is divisible (see 9 FAM 40.21(a) N5.2) or a political offense (see 9 FAM 40.21(a) N10). The presence of moral turpitude in a statutory offense is determined according to United States law. 9 FAM 40.21(a) N2.2 Defining “Moral Turpitude” (CT:VISA-753; 06-29-2005) Statutory definitions of crimes in the United States consist of various elements, which must be met before a conviction can be supported. Some of these elements have been determined in judicial or administrative decisions to involve moral turpitude. A conviction for a statutory offense will involve moral turpitude if one or more of the elements of that offense have been determined to involve moral turpitude. The most common elements involving moral turpitude are: (1) Fraud; (2) Larceny; and (3) Intent to harm persons or thing. 9 FAM 40.21(a) N2.3 Common Crimes Involving Moral Turpitude (TL:VISA-29; 01-12-1990) 9 FAM 40.21 Notes Page 2 of 27 U.S. Department of State Foreign Affairs Manual Volume 9 - Visas Categorized below are some of the more common crimes, which are considered to involve moral turpitude. Each category is followed by a separate list of related crimes, which are held not to involve moral turpitude. 9 FAM 40.21(a) N2.3-1 Crimes Committed Against Property (CT:VISA-753; 06-29-2005) a. Most crimes committed against property that involve moral turpitude include the necessary element of fraud. The act of fraud involves moral turpitude whether it is aimed against individuals or government. Fraud generally involves: (1) Making false representation; (2) Knowledge of such false representation by the perpetrator; (3) Reliance on the false representation by the person defrauded; (4) An intent to defraud; and (5) The actual act of committing fraud b. Other crimes committed against property involving moral turpitude involve an inherently evil intent, such as the act of arson. The following list comprises crimes frequently committed against property, which may be held to involve moral turpitude for the purposes of visa issuance: (1) Arson; (2) Blackmail; (3) Burglary; (4) Embezzlement; (5) Extortion; (6) False pretenses; (7) Forgery; (8) Fraud; (9) Larceny (grand or petty); (10) Malicious destruction of property; 9 FAM 40.21 Notes Page 3 of 27 U.S. Department of State Foreign Affairs Manual Volume 9 - Visas (11) Receiving stolen goods (with guilty knowledge); (12) Robbery; (13) Theft (when it involves the intention of permanent taking); and (14) Transporting stolen property (with guilty knowledge). c. Crimes against property which do not fall within the definition of moral turpitude include: (1) Damaging private property (where intent to damage not required); (2) Breaking and entering (requiring no specific or implicit intent to commit a crime involving moral turpitude); (3) Passing bad checks (where intent to defraud not required); (4) Possessing stolen property (if guilty knowledge is not essential); (5) Joy riding (where the intention to take permanently not required); and (6) Juvenile delinquency 9 FAM 40.21(a) N2.3-2 Crimes Committed Against Governmental Authority (CT:VISA-753; 06-29-2005) a. Crimes committed against governmental authority which fall within the definition of moral turpitude include: (1) Bribery; (2) Counterfeiting; (3) Fraud against revenue or other government functions; (4) Mail fraud; (5) Perjury; (6) Harboring a fugitive from justice (with guilty knowledge); and (7) Tax evasion (willful). b. Crimes committed against governmental authority, which would not 9 FAM 40.21 Notes Page 4 of 27 U.S. Department of State Foreign Affairs Manual Volume 9 - Visas constitute moral turpitude for visa-issuance purposes, are, in general, violation of laws which are regulatory in character and which do not involve the element of fraud or other evil intent do not involve moral turpitude. The following list assumes that the statutes involved do not require the showing of an intent to defraud, or commit other evil: (1) Black market violations; (2) Breach of the peace; (3) Carrying a concealed weapon; (4) Desertion from the Armed Forces; (5) Disorderly conduct; (6) Drunk or reckless driving; (7) Drunkenness; (8) Escape from prison; (9) Failure to report for military induction; (10) False statements (not amounting to perjury or involving fraud); (11) Firearms violations; (12) Gambling violations; (13) Immigration violations; (14) Liquor violations; (15) Loan sharking; (16) Lottery violations; (17) Possessing burglar tools (without intent to commit burglary); (18) Smuggling and customs violations (where intent to commit fraud is absent); (19) Tax evasion (without intent to defraud); and (20) Vagrancy 9 FAM 40.21 Notes Page 5 of 27 U.S. Department of State Foreign Affairs Manual Volume 9 - Visas 9 FAM 40.21(a) N2.3-3 Crimes Committed Against Person, Family Relationship, and Sexual Morality (TL:VISA-384; 04-03-2002) a. Crimes committed against the person, family relationship, and sexual morality, which constitute moral turpitude as it relates to visa issuance, include: (1) Abandonment of a minor child (if willful and resulting in the destitution of the child); (2) Adultery (see INA 101(f)(2) repealed by Public Law 97-116); (3) Assault (this crime is broken down into several categories, which involve moral turpitude): (a) Assault with intent to kill; (B) Assault with intent to commit rape; © Assault with intent to commit robbery; (d) Assault with intent to commit serious bodily harm; and (e) Assault with a dangerous or deadly weapon (some weapons may be found to be lethal as a matter of law, while others may or may not be found factually to be such, depending upon all the circumstances in the case. Such circumstances may include, but are not limited to, the size of the weapon, the manner of its use, and the nature and extent of injuries inflicted.); (4) Bigamy; (5) Contributing to the delinquency of a minor; (6) Gross indecency; (7) Incest (if the result of an improper sexual relationship); (8) Kidnapping; (9) Lewdness; (10) Manslaughter: (a) Voluntary; and 9 FAM 40.21 Notes Page 6 of 27 U.S. Department of State Foreign Affairs Manual Volume 9 - Visas (B) Involuntary, where the statute requires proof of recklessness, which is defined as the awareness and conscious disregard of a substantial and unjustified risk which constitutes a gross deviation from the standard that a reasonable person would observe in the situation. A conviction for the statutory offense of vehicular homicide or other involuntary manslaughter only requires a showing of negligence will not involve moral turpitude even if it appears the defendant in fact acted recklessly. (11) Mayhem; (12) Murder; (13) Pandering; (14) Prostitution; (15) Rape (By statute, a person may be convicted of statutory rape even though the female consents and provided she is under the statutory age at the time of the commission of the act. “Statutory rape” is also deemed to involve moral turpitude.); and (16) Sodomy b. Crimes committed against the person, family relationship, or sexual morality which do not involve moral turpitude include: (1) Assault (simple) (i.e., any assault, which does not require an evil intent or depraved motive, although it may involve the use of a weapon, which is neither dangerous nor deadly); (2) Bastardy (i.e., the offense of begetting a ####### child); (3) Creating or maintaining a nuisance (where knowledge that premises were used for prostitution is not necessary); (4) Fornication; (5) Incest (when a result of a marital status prohibited by law); (6) Involuntary manslaughter (when killing is not the result of recklessness); (7) Libel; (8) Mailing an obscene letter; 9 FAM 40.21 Notes Page 7 of 27 U.S. Department of State Foreign Affairs Manual Volume 9 - Visas (9) Mann Act violations (where coercion is not present); (10) Riot; and (11) Suicide (attempted) 9 FAM 40.21(a) N2.4 Attempts, Aiding and Abetting, Accessories and Conspiracy (CT:VISA-753; 06-29-2005) a. The following types of crimes are held to be crimes involving moral turpitude: (1) An attempt to commit a crime deemed to involve moral turpitude; (2) Aiding and abetting in the commission of a crime deemed to involve moral turpitude; (3) Being an accessory (before or after the fact) in the commission of a crime deemed to involve moral turpitude; and (4) Taking part in a conspiracy (or attempting to take part in a conspiracy) to commit a crime involving moral turpitude b. Conversely, where an alien has been convicted of, or admits having committed the essential elements of, a criminal attempt, or a criminal act of aiding and abetting, accessory before or after the fact, or conspiracy, and the underlying crime is not deemed to involve moral turpitude, then INA 212(a)(2)(A)(i)(I) would not be applicable. 9 FAM 40.21(A) N3 CASES IN WHICH CONVICTION EXISTS 9 FAM 40.21(a) N3.1 Defining Conviction (CT:VISA-753; 06-29-2005) INA 101(A)(48) defines “conviction” as either: (1) A formal judgment of guilt entered by a court; or (2) If adjudication has been withheld, 9 FAM 40.21 Notes Page 8 of 27 U.S. Department of State Foreign Affairs Manual Volume 9 - Visas (a) either: • A finding of guilty by judge or jury; or • A plea of guilty or nolo contendere by the alien; or • An admission from the alien of sufficient facts to warrant a finding of guilt; and (3) The imposition of some form of punishment, penalty or restraint of liberty by a judge 9 FAM 40.21(a) N3.2 Other Factors Bearing on Existence of Conviction (TL:VISA-29; 01-12-1990) The question of the presence of a conviction is a factual matter, independent of official record. An indication that an alien has been convicted of a crime may appear in: (1) Replies to questions; (2) Reports of investigative and other government activities; (3) Police records or other documents that the applicant may be required to submit or (4) Any other kind of information, which may be developed concerning the applicant. 9 FAM 40.21(a) N3.2-1 Evidence of Conviction (TL:VISA-46; 08-26-1991) Official records generally suffice to establish the existence of a conviction. However, some convictions that would make INA 212(a)(2)(A)(i)(I) applicable are no longer a matter of record. It must be borne in mind that not all expungements or pardons serve to relieve the individual of the effects of the conviction for immigration purposes. Therefore, in cases where an expungement or pardon may have removed the record of conviction from official records, or where the accuracy of records is otherwise suspect, the consular officer may require any evidence relevant to the alien’s history which may appear necessary to determine the facts. 9 FAM 40.21 Notes Page 9 of 27 U.S. Department of State Foreign Affairs Manual Volume 9 - Visas 9 FAM 40.21(a) N3.2-2 Expunging Conviction Under U.S. Law (CT:VISA-753; 06-29-2005) a. Prior to the passage of 101(a)(48) a full expungement of a conviction under U.S. law had been held to be equivalent in effect to a pardon granted under INA 237(a)(2)(A)(v) and served to eliminate the effect of the conviction for most immigration purposes. In light of the passage of 101(a)(48), the Board of Immigration Appeals in Matter of Roldan, 22 I & N. Dec. 512, determined that judicial expungements based on rehabilitative or ameliorative statutes (laws that allowed for expungement of a sentence by a court based on a showing that the defendant had been rehabilitated or was otherwise worthy of relief) would no longer be recognized as effective for eliminating the conviction for immigration purposes. b. The Ninth Circuit Court of Appeals, however, disagreed with this holding, and in a series of cases determined that state judicial expungements will be considered effective, for eliminating the conviction if the alien would have been eligible for relief under the Federal First Offender Act or similar statute (see 9 FAM 40. 21(B) N4.1-2) Federal First Offense Judicial Actions and State Equivalents). Because of the complexity of this issue, cases that involve claims for state judicial expungement relief, shall be submitted as an advisory opinion request to CA/VO/L/A. 9 FAM 40.21(a) N3.2-3 Expunging Conviction Under U.S. Federal Law (CT:VISA-753; 06-29-2005) The Comprehensive Crime Control Act of 1984, effective October 12, 1984, repealed the Federal First Offender provisions cited as 21 U.S.C. 844(B)(1) and the Federal Youth Corrections Act provisions cited as 18 U.S.C. 5021. Both of these procedures expunged convictions for all purposes. You shall honor certificates verifying expungement under either of these sections. 18 U.S.C. 3607 has replaced these procedures. An expungement under this section likewise vitiates a conviction for purposes of INA 212(a)(2)(A)(i)(I). 9 FAM 40.21(a) N3.3 “Convictions” Relating to Pre-trial Actions (CT:VISA-753; 06-29-2005) a. An applicant has not been convicted of a crime if he or she: 9 FAM 40.21 Notes Page 10 of 27 U.S. Department of State Foreign Affairs Manual Volume 9 - Visas (1) Is under investigation; (2) Has been arrested or detained; (3) Has been charged with a crime; or (4) Is under indictment. b. However, such facts may indicate that some other basis of ineligibility may exist (e.g., second clause of INA 212(a)(2)©, INA 212(a)(1), etc.). Consular officers, at their discretion, may hold in abeyance any case involving an alien charged, but not convicted of a crime to await the outcome of the proceedings, if the outcome is imminent, or to permit local authorities in appropriate cases to take steps to prevent the departure of the alien from their jurisdiction. Where applicable, in the case of a nonimmigrant visa applicant charged with a crime, you shall consider how the charge may affect the applicant’s intention to return to his or her place of residence. 9 FAM 40.21(a) N3.4 “Convictions” Relating to Actions During Trial 9 FAM 40.21(a) N3.4-1 “Nolo Contendere” Plea (TL:VISA-1; 08-30-1987) Court action following a plea of “nolo contendere” constitutes a conviction. 9 FAM 40.21(a) N3.4-2 Conviction in Absentia (CT:VISA-753; 06-29-2005) A conviction in absentia does not constitute a conviction. However, any participation in judicial proceedings by the accused may imply that the conviction was not one made in absentia. For example, if a conviction in absentia has been appealed, by the person convicted, the person has appeared for that purpose and the conviction has been affirmed, it is no longer considered a conviction in absentia. Similarly, representation by the accused in a trial proceeding may preclude a finding that the trial was conducted in absentia. You shall submit all cases where the facts suggest that a conviction may have been made in absentia to CA/VO/L/A for an advisory opinion. 9 FAM 40.21(a) N3.4-3 Conviction by Court-Martial 9 FAM 40.21 Notes Page 11 of 27 U.S. Department of State Foreign Affairs Manual Volume 9 - Visas (CT:VISA-753; 06-29-2005) A conviction by court-martial has the same force and effect as a conviction by a civil court (Memorandum of December 7, 1938, to the Department from the Judge Advocate General of the Army). 9 FAM 40.21(a) N3.4-4 Judicial Recommendation Against Deportation (JRAD) (CT:VISA-753; 06-29-2005) a. Section 505 of the Immigration Act of 1990 Public Law 101-649 eliminated judicial recommendations against deportation (JRAD) for convictions, which occurred on, or after November 29, 1990, the date of enactment of Public Law 101-649. The Department of Homeland Security (DHS), and the Department of State will recognize jRADs granted prior to that date. Those issued on or after that date will not be recognized. b. Former INA 241(B)(2), repealed by Public Law 101-649, granted relief from deportation to an alien for whom the judge, at the time of sentencing or within thirty days thereafter, recommended to the Secretary of Homeland Security (DHS) that the alien not be deported. Such judicial recommendation granted prior to November 29, 1990, has “the effect of immunizing the alien” from the application of INA 212(a)(2)(A)(i) with regard to the conviction for which the JRAD was issued. It has no effect, however, on ineligibility under INA 212(a)(2)(A)(ii) since 241(a)(2)(B) specifically exempted convictions for violations of drug laws from eligibility for a JRAD. JRADs affect convictions within the U.S. judicial system only. Convictions in foreign courts are not susceptible to a JRAD by either their own or by U.S. courts. 9 FAM 40.21(a) N3.4-5 Conviction While U.S. Citizen (TL:VISA-129; 11-9-95) a. In view of the elimination of the judicial recommendation against deportation, the finding of the Supreme Court in Costello v. INS, 376 U.S. 120, is now in question. The Supreme Court held that a conviction of a naturalized citizen did not invoke deportation under INA 241(a)(2)(A)(i) since the possibility of a judicial recommendation under INA 241(B) was not available for a citizen of the United States. Consequently, an alien who was convicted while a U.S. citizen was not ineligible to receive a visa under INA 212(a)(2)(A)(i) based solely upon such a conviction. b. You shall submit all cases involving the conviction of an applicant while he 9 FAM 40.21 Notes Page 12 of 27 U.S. Department of State Foreign Affairs Manual Volume 9 - Visas or she was a citizen of the United States to CA/VO/L/A for an advisory opinion. (See 9 FAM 40.21(a) PN1.) 9 FAM 40.21(a) N3.5 Pardons Relating to Convictions (CT:VISA-753; 06-29-2005) INA 237(a)(2)(A)(v) provides that certain U.S. pardons remove deportability for U.S. convictions. Matter of H--,6 I&N Dec. 90, holds that such pardons remove ineligibility under INA 212(a)(2)(A)(i)(I). Pardons that have this mitigating effect must be of specific kinds. Generally, they must be pardons granted by the highest appropriate executive authority; a legislative pardon alone will not remove ineligibility. More specifically, the pardon must be granted by the President, State Governor, or other person specified in 22 CFR 40.21(a) N5. A pardon granted by a mayor is acceptable if law, as the supreme pardoning authority under relevant municipal ordinances, has designated such official. A pardon will remove ineligibility only when it is full and unconditional. The post shall submit any case presenting a pardon, which bears limitations or restrictions to CA/VO/L/A for an advisory opinion. (See 9 FAM 40.21(a) PN1.) However, the provisions of INA 237(a)(2)(A)(v) shall not apply in the case of an alien who has been convicted of an aggravated felony. 9 FAM 40.21(a) N3.6 Suspending Sentence, Probation, etc., Relating to Convictions (TL:VISA-29; 01-12-1990) An alien who has been convicted and whose sentence has been suspended or reduced, mitigated, or commuted, or who has been convicted and has been granted probation or parole or has otherwise been relieved in whole or in part of the penalty imposed, is nevertheless, considered to have been convicted. 9 FAM 40.21(a) N3.7 Appeals Pertaining to Convictions (CT:VISA-753; 06-29-2005) A conviction does not exist when the ruling of a lower court has been overturned on appeal to a higher court. You shall, therefore, submit all cases involving convictions pending appeals at the time of visa application to 9 FAM 40.21 Notes Page 13 of 27 U.S. Department of State Foreign Affairs Manual Volume 9 - Visas CA/VO/L/A for an advisory opinion. (See 9 FAM 40.21(a) PN1.) A conviction is not considered final for immigration purposes during the pendency of a direct appeal. 9 FAM 40.21(a) N3.8 Vacating a Conviction (TL:VISA-29; 01-12-1990) When a court acts within its jurisdiction and vacates its own original judgment of conviction, no conviction for the purposes of the immigration laws will exist. The vacating of a conviction on a writ of coram nobis eradicates the conviction for immigration purposes (Matter of Sirhan, 13 I&N Dec. 592). 9 FAM 40.21(a) N3.9 Absence of Conviction in Nolle Prosequi Cases (TL:VISA-29; 01-12-1990) The grant of a new trial by a judge following a conviction, together with a dismissal of cause nolle prosequi, eradicates the conviction for immigration purposes. 9 FAM 40.21(A) N4 INA 212(H) WAIVER 9 FAM 40.21(a) N4.1 Principal Alien (CT:VISA-753; 06-29-2005) An immigrant alien who is ineligible under INA 212(a)(2)(A)(i)(I) is eligible to apply for a waiver of ineligibility under INA 212(h) (see also 9 FAM 40.21(a) PN2) if it is established to the satisfaction of the Secretary of Homeland Security (DHS) that: (1) The activities for which the alien is excludable occurred more than 15 years before the date of the alien’s application for visa; (2) The alien’s admission to the United States would not be contrary to the national welfare, safety, or security, and (3) The alien has been rehabilitated. 9 FAM 40.21 Notes Page 14 of 27 U.S. Department of State Foreign Affairs Manual Volume 9 - Visas 9 FAM 40.21(a) N4.2 Certain Relatives of U.S. Citizens or LPRs (CT:VISA-753; 06-29-2005) An alien immigrant who is the spouse, parent, son, or daughter of a U.S. citizen or an alien lawfully admitted for permanent residence in the United States may apply for a waiver under INA 212(h) (see also 9 FAM 40.21(a) PN2) if: (1) It is established to the Secretary of Homeland Security‘s (DHS) satisfaction that the exclusion of such alien would result in extreme hardship to the U.S. citizen or lawfully resident spouse, parent, son, or daughter; and (2) The Secretary of Homeland Security (DHS) has consented to the alien’s applying or reapplying for a visa to the United States. 9 FAM 40.21(a) N4.3 Evidence of Eligibility to Apply for a Waiver (CT:VISA-753; 06-29-2005) When the court records or statutes leave doubt concerning an alien’s eligibility for a waiver, you shall ensure that complete records and copies of all relevant portions of the statute under which the conviction was obtained are assembled, as well as any available commentary by authorities, prior judicial holdings and the like. The post shall forward these documents to DHS together with the waiver application. (See 9 FAM 40.21(a) PN2 for waiver procedures.) Because DHS has exclusive authority for approving 212(h) waivers, any question concerning waiver eligibility shall be submitted to DHS for resolution. 9 FAM 40.21(A) N5 ADMITTING CRIMES INVOLVING MORAL TURPITUDE 9 FAM 40.21(a) N5.1 Alien Admission to Crime Involving Moral Turpitude (CT:VISA-753; 06-29-2005) If it is necessary to question an alien for the purpose of determining whether the alien is ineligible to receive a visa as a person who has admitted the 9 FAM 40.21 Notes Page 15 of 27 U.S. Department of State Foreign Affairs Manual Volume 9 - Visas commission of the essential elements of a crime involving moral turpitude, you shall make the verbatim transcript of the proceedings under oath a part of the record. In eliciting admissions from visa applicants concerning the commission of criminal offenses, you shall observe carefully the following rules of procedure which have been imposed by judicial and Board of Immigration Appeals decisions: (1) You shall give the applicant a full explanation of the purpose of the questioning. The applicant shall then be placed under oath and the proceedings shall be recorded verbatim. (2) The crime, which the alien has admitted, must appear to constitute moral turpitude based on the statute and statements from the alien. It is not necessary for the alien to admit that the crime involves moral turpitude. (3) Before the actual questioning, you shall give the applicant an adequate definition of the crime, including all essential elements. You must explain the definition to the applicant in terms he or she understands, making certain it conforms to the law of the jurisdiction where the offense is alleged to have been committed. (4) The applicant must then admit all the factual elements, which constituted the crime (Matter of P--, 1 I&N Dec. 33). (5) The applicant’s admission of the crime must be explicit, unequivocal and unqualified (Howes v. Tozer, 3 F2d 849). 9 FAM 40.21(a) N5.2 Admissions Relating to Acquittals or Dismissals (TL:VISA-29; 01-12-1990) An admission by an alien is deemed ineffective with respect to a crime for which the alien has been tried and acquitted, or, for which, charges have been dismissed by a court. 9 FAM 40.21(a) N5.3 Failing to Prosecute Charges Concerning Offense (TL:VISA-29; 01-12-1990) The failure of the authorities to prosecute an alien who has been arrested will not prevent a finding of ineligibility based upon an admission by the applicant. 9 FAM 40.21 Notes Page 16 of 27 U.S. Department of State Foreign Affairs Manual Volume 9 - Visas 9 FAM 40.21(a) N5.4 Guilty Plea Without Conviction (TL:VISA-29; 01-12-1990) A plea of guilty in a trial will not constitute an admission if a conviction does not result or if it is followed by a new trial and subsequent acquittal or dismissal of charges. 9 FAM 40.21(a) N5.5 Official Confessions Constituting Admission (CT:VISA-753; 06-29-2005) An official confession made in a prior hearing or to a police officer may constitute an admission if the statement meets the standards of these Notes. 9 FAM 40.21(a) N5.6 Cases Involving Retraction of Admission (CT:VISA-753; 06-29-2005) Once an admission has been made, attempts to retract it need not remove the basis of ineligibility. However, you must evaluate the truthfulness of such an admission. If you believe the admission to be true despite the alien’s retraction, a finding of inadmissibility is warranted. Conversely, if you believe the retraction to be justifiable, the alien’s admission to a crime will have no effect on the case. (See 9 FAM 40.63 N4.6.) 9 FAM 40.21(a) N5.7 Coercing to Obtain Admission Prohibited (CT:VISA-753; 06-29-2005) You shall not resort to threats or promises in an attempt to extract an admission from an alien. Action that tends to induce an alien to make an admission may constitute entrapment, and any admission or confession obtained by such methods may have no legal force or effect. 9 FAM 40.21(a) N5.8 Admitting All Essential Elements 9 FAM 40.21 Notes Page 17 of 27 U.S. Department of State Foreign Affairs Manual Volume 9 - Visas (CT:VISA-753; 06-29-2005) a. In each case, the reviewing consular officer must keep in mind the essential elements of the offense. For example, the essential elements of the crime of perjury as defined in 18 U.S.C. 1621 are: (1) The taking of an oath; (2) Duly administered by a competent authority; (3) In a case in which an oath is required by law; (4) A false statement; (5) Knowingly or willfully made; and (6) Regarding a material matter. b. To constitute the admission of the commission of the crime of perjury (an offense involving moral turpitude) an alien must fully, completely, and unequivocally admit elements (1), (4), and (5). Elements (2), (3), and (6) are primarily questions of law which the alien is not required to admit but which must be found to exist to constitute the crime of perjury. 9 FAM 40.21(a) N5.9 Quality of Admission (CT:VISA-753; 06-29-2005) In any case where an admission is considered independent of any other evidence, you shall develop that admission to a point where there is no reasonable doubt that the alien committed the crime in question. (See 9 FAM 40.63 N4.3 and 9 FAM 40.63 N4.4) 9 FAM 40.21(A) N6 DETERMINING WHETHER CONVICTION IS CRIME INVOLVING MORAL TURPITUDE 9 FAM 40.21(a) N6.1 Provisions of Law Defining Particular Offense (TL:VISA-129; 11-09-1995) Where the record clearly shows the conviction to be predicated on a specific 9 FAM 40.21 Notes Page 18 of 27 U.S. Department of State Foreign Affairs Manual Volume 9 - Visas provision of law, whose terms necessarily embrace only acts that are offenses involving moral turpitude, the fact that the conviction was so predicated supports a conclusion that the conviction was of a crime that involves moral turpitude. Since the ineligibility relates to the conviction of a crime, rather than a commission of a crime, involving moral turpitude, the statutory definition of the offense will determine whether the conviction involves moral turpitude. Each separate provision of law defining an offense must be read in conjunction with such other provisions of law as are pertinent to its interpretation. 9 FAM 40.21(a) N6.2 Divisible Statutes Under U.S. and Foreign Law (CT:VISA-753; 06-29-2005) a. If the provision of law on which a conviction is predicated has multiple sections, only some of which involve moral turpitude, you must evaluate the nature of the act to determine if the conviction was predicated on the section of the statute involving moral turpitude. If the divisible statute in question is part of the law of one of the states you may only examine the charge, plea, verdict, and sentence in assessing the presence of moral turpitude in the act for which the conviction was obtained. b. If the statute in question is foreign, you may assess the presence of moral turpitude in the act for which conviction has been obtained by reference to any part of the record or from admissions of the alien. 9 FAM 40.21(A) N7 SENTENCING CLAUSE (TL:VISA-384; 04-03-2002) The Public Law 104-208 amended the sentencing clause by removing the term “sentence actually imposed.” The emphasis of the exculpatory provisions, INA 212(a)(2)(A)(i)(I), remains on the length of the term of imprisonment to which the alien was sentenced. Yet, the provision only applies to crimes for which the maximum penalty possible does not exceed imprisonment for one year. 9 FAM 40.21(a) N7.1 Provisions of INA 212(a)(2)(A)(ii)(I) (TL:VISA-129; 11-09-1995) 9 FAM 40.21 Notes Page 19 of 27 U.S. Department of State Foreign Affairs Manual Volume 9 - Visas As amended, a conviction or admission of the commission of a crime of moral turpitude will not serve as the basis of ineligibility under INA 212(a)(2)(A)(i), if the following conditions have been met: (1) The applicant has been convicted of or has admitted to the commission of only one crime; (2) The maximum penalty possible for the crime of which the alien was convicted did not exceed imprisonment for one year; (3) The applicant has been convicted, but the alien was not sentenced to a term of imprisonment in excess of six months regardless of the extent to which the sentence was ultimately executed; (4) The applicant has admitted the commission of a crime of moral turpitude, and the maximum penalty possible for such crime does not exceed imprisonment for one year; and (5) The applicant is otherwise admissible. 9 FAM 40.21(a) N7.2 Applying Sentencing Clause in Case of Conviction (Where Conviction is Present) (TL:VISA-46; 08-26-1991) The amending language removed the phrase “sentence actually imposed” and replaced that with the alien was not sentenced to a term of imprisonment in excess of six months (regardless of the extent to which the sentence was ultimately executed). The contemplated “term of imprisonment” constitutes the specific sentence meted out by the court prior to the imposition of any suspension. For example, if a court imposes a sentence of nine months of imprisonment, but suspends all nine months and imposes two years of probation, the alien, can not benefit from the sentencing clause because the nine months term of imprisonment exceeds the statutory six months maximum. 9 FAM 40.21(a) N7.3 Applicability of Law, Foreign or Domestic, Relevant to Crime (CT:VISA-753; 06-29-2005) In assessing the applicability of this provision to an applicant who has admitted the commission of acts constituting a crime of moral turpitude, it is necessary only to look to the law, foreign or domestic, of the jurisdiction where the acts were committed. It is not necessary to refer to federal or 9 FAM 40.21 Notes Page 20 of 27 U.S. Department of State Foreign Affairs Manual Volume 9 - Visas other U.S. standards to distinguish between felonies and misdemeanors. 9 FAM 40.21(a) N7.4 Early Release, Parole (TL:VISA-46; 08-26-1991) An applicant whose imposed sentence exceeds imprisonment for a period of six months cannot receive consideration under this provision of INA 212(a)(2)(A)(ii)(II) even though the applicant was released early on parole or for good behavior. 9 FAM 40.21(a) N7.5 Applying Sentencing Clause in INA 212(a)(2)(A)(ii)(II) (TL:VISA-85; 10-01-1993) Since the sentencing clause is to be applied retrospectively as well as prospectively, aliens previously found to be ineligible under INA 212(a)(2)(A)(i)(II) might no longer be ineligible under the terms, as amended. All visa applications, therefore, must be assessed under the current statute without regard to any previous finding(s) of ineligibility. 9 FAM 40.21(a) N7.6 Distinguishing Between Single Offense and Single Conviction (CT:VISA-753; 06-29-2005) The INA language requires that the sentencing clause exemption is applicable only if the alien has committed only one crime involving moral turpitude. You must determine, as a matter of fact, whether despite the fact that there is a single conviction, the alien may have committed more than one crime. 9 FAM 40.21(a) N7.6-1 Multiple Counts (CT:VISA-753; 06-29-2005) An alien convicted on two counts in one indictment is ineligible for the sentencing clause exemption even though only one conviction exists and the two offenses constituted a single scheme of criminal misconduct. 9 FAM 40.21(a) N7.6-2 Relevant Facts 9 FAM 40.21 Notes Page 21 of 27 U.S. Department of State Foreign Affairs Manual Volume 9 - Visas (TL:VISA-29; 01-12-1990) In Matter of S. R., 7 I&N Dec. 495; Matter of DeM., 9 I&N Dec. 218, it has been held that when an alien’s conviction has been expunged under a state expungement preceding, you may use the conviction as evidence that the alien committed more than one crime of moral turpitude and is therefore ineligible for relief under the sentencing clause. 9 FAM 40.21(A) N8 SINGLE CRIME INVOLVING MORAL TURPITUDE WHILE UNDER AGE 18 INA 212(A)(2)(A)(II)(I) (TL:VISA-46; 08-26-1991) a. The exception found in INA 212(a)(2)(A)(ii)(I) for an alien who has committed a single crime involving moral turpitude while under the age of 18 allows the issuance of a visa to the alien although the alien was convicted while over the age of 18 if the: (1) Crime was committed when the alien was under 18 years of age, and the crime was committed (and the alien released from any confinement to a prison or correctional institution imposed for the crime) more than five years before the date of application for a visa or other documentation and the date of application for admission to the United States, or (2) Maximum penalty possible for the crime of which the alien was convicted (or for which the alien admits having committed constituted the essential elements) did not exceed imprisonment for one year and, if the alien was convicted of such crime, the alien was not sentenced to a term of imprisonment in excess of six months (regardless of the extent to which the sentence was ultimately executed). b. In some instances, court records in a case might show that an alien under the age of 18 years had committed more than one crime involving moral turpitude although only one conviction resulted. In such a case, the alien is ineligible for the exception. 9 FAM 40.21(A) N9 JUVENILE DELINQUENCY 9 FAM 40.21(a) N9.1 Definition 9 FAM 40.21 Notes Page 22 of 27 U.S. Department of State Foreign Affairs Manual Volume 9 - Visas (TL:VISA-29; 01-12-1990) The Federal Juvenile Delinquency Act (FJDA) defines a juvenile as a “person who has not attained his 18th birthday” and defines juvenile delinquency as “the violation of a law of the United States committed by a person prior to his or her 18th birthday which might have been considered a crime if committed by an adult.” 9 FAM 40.21(a) N9.2 Using U.S. Standards (TL:VISA-46; 08-30-1991) A foreign conviction based on conduct which constitutes an act of juvenile delinquency under U.S. standards, however treated by the foreign court, is not a conviction for a “crime” for the purpose of INA and, accordingly, may not serve as the basis for a finding of ineligibility under INA 212(a)(2)(A)(i)(I). 9 FAM 40.21(a) N9.3 Controlling Legislation (TL:VISA-1; 08-30-1987 The standards embodied in the Federal Juvenile Delinquency Act (FJDA), as amended, govern whether an offense is considered a delinquency or a crime by U.S. standards. The FJDA, set forth in 18 U.S.C 5031, was amended by the Juvenile Justice and Delinquency Act of 1974 (Public Law 93-415) and the Comprehensive Crime Control Act of 1984 (Public Law 98-473). 9 FAM 40.21(a) N9.4 Two Classes of Juvenile Delinquents (TL:VISA-46; 08-26-1991) The Federal Juvenile Delinquency Act (FJDA) differentiates between two classes of juvenile delinquents. Therefore, each must be analyzed differently for the purposes of INA 212(a)(2)(A)(i)(I). 9 FAM 40.21(a) N9.4-1 Under Age 15 (TL:VISA-46; 08-26-1991) Juveniles, who were under the age of 15 at the time of omission of acts constituting a delinquency, are not to be considered as having been convicted of a crime. Therefore, no alien may be found ineligible under INA 212(a)(2)(A)(i)(I) by reason of any offense committed prior to the alien’s 15th birthday. 9 FAM 40.21 Notes Page 23 of 27 U.S. Department of State Foreign Affairs Manual Volume 9 - Visas 9 FAM 40.21(a) N9.4-2 Between Ages 15 and 18 (TL:VISA-46; 08-26-1991) Juveniles between the ages of 15 and 18 at the time of commission of an offense will not be considered to have committed a crime, and thus be ineligible under INA 212(a)(2)(A)(i)(I), unless tried and convicted as an adult for a felony involving violence. A felony is defined in 18 U.S.C 1(1) as an offense punishable by death or imprisonment for a term exceeding one year. N A crime of violence is defined in 18 U.S.C 16 as: (1) An offense that has as an element the use, attempted use, or threatened use of physical force against the person or property of another; or (2) Any offense that is a felony and that, by its nature, involves a substantial risk that physical force against the person or property of another may be used in the course of committing the offense. 9 FAM 40.21(a) N9.5 Juveniles Demonstrating Patterns of Criminal Behavior (TL:VISA-46; 08-15-1991) Any case in which an alien’s misconduct as a juvenile over a period of time has demonstrated a pattern of criminal behavior must be brought to the attention of the examining physician for a possible finding of ineligibility under INA 212(a)(1). 9 FAM 40.21(A) N10 POLITICAL OFFENSES (CT:VISA-753; 06-29-2005) a. 22 CFR 40.21(a) states that the term political offenses includes “offenses that resulted in convictions obviously based on fabricated charges or predicated upon repressive measures against racial, religious, or political minorities.” This regulation incorporates language from the legislative history of the 1952 Act, and therefore reflects to some extent the original Congressional intent in adopting the political offense exemption. Based on this regulation, most political offense exemptions will involve cases where you determined that the alien was not guilty of the charges but was wrongly prosecuted because of political repression against racial, religious, or political minorities. The imposition of a cruel or unusual punishment, or of a punishment which is clearly disproportionate to the offense, can also be relevant to this consideration when there is evidence 9 FAM 40.21 Notes Page 24 of 27 U.S. Department of State Foreign Affairs Manual Volume 9 - Visas that the applicant was innocent of the charges. Absent evidence of political motivation for a wrongful prosecution, you cannot look behind a conviction to determine whether the applicant was guilty of the offense for purposes of determining 212(a)(2)(A)(i)(I) inadmissibility, although evidence of a wrongful conviction can be relevant to waiver considerations. The mere fact that an alien is or was a member of a racial, religious, or political minority shall not be considered as sufficient in itself to warrant a conclusion that the crime for which the alien was convicted was purely a political offense. b. It has been generally considered that the crimes of espionage, treason and sedition are “pure” political offenses. Convictions for these crimes will generally be eligible for the political offense exemption. c. You shall request CA/VO/L/A to make a determination where there is any indication that the offense for which the alien was convicted was of a political nature, or prosecution and therefore was politically motivated. d. Many offenses that are political in nature do not involve moral turpitude. If the offense does not involve moral turpitude or the provisions of 212(a)(2)(B) (multiple criminal convictions), the applicant is not ineligible and it is not necessary to determine whether the offense is political in nature. Moreover, the Board of Immigration Appeals has determined that convictions for statutory crimes that are not crimes in the United States will not be recognized for U.S. immigration purposes. Therefore, many offenses with political implications such as illegal political campaigning or labor organizing will not result in immigration consequences because they do not constitute crimes in the United States. 9 FAM 40.21(A) N11 CONVICTED WAR CRIMINALS (TL:VISA-85; 10-01-1993) See 9 FAM 40.35(a) N3 for cases of persons convicted of war crimes. 9 FAM 40.21(A) N12 DEFINITIONS UNDER THE USA PATRIOT ACT (CT:VISA-753; 06-29-2005) Oh and I did not put those smiley's on there. it was in the print . lol Baileyj	Baileyj96	Female	United Kingdom	2006-08-15 18:16:00
Waivers (I-601 and I-212) and Administrative Processes (221g)	Couple of links that might help	Link to Classes of Aliens Ineligible to Receive Visa's. http://travel.state....ities_1364.html Link to the Department of Foeign affairs manual .........description of moral turpitude. http://foia.state.go...m/0940021aN.pdf Baileyj	Baileyj96	Female	United Kingdom	2006-08-15 18:42:00
Waivers (I-601 and I-212) and Administrative Processes (221g)	I cant find the info for the waiver	there is a link now in the pinned guide but I think this is the section you want. (B) ALIENS UNLAWFULLY PRESENT.- (i) In general.-Any alien (other than an alien lawfully admitted for permanent residence) who- (I) was unlawfully present in the United States for a period of more than 180 days but less than 1 year, voluntarily departed the United States (whether or not pursuant to section 244(e)) prior to the commencement of proceedings under section 235(B)(1) or section 240, and again seeks admission within 3 years of the date of such alien's departure or removal, or (II) has been unlawfully present in the United States for one year or more, and who again seeks admission within 10 years of the date of such alien's departure or removal from the United States,is inadmissible. (ii) Construction of unlawful presence.-For purposes of this paragraph, an alien is deemed to be unlawfully present in the United States if the alien is present in the United States after the expiration of the period of stay authorized by the Attorney General or is present in the United States without being admitted or paroled. (iii) Exceptions.- (I) Minors.-No period of time in which an alien is under 18 years of age shall be taken into account in determining the period of unlawful presence in the United States under clause (I). (II) Asylees.-No period of time in which an alien has a bona fide application for asylum pending under section 208 shall be taken into account in determining the period of unlawful presence in the United States under clause (i) unless the alien during such period was employed without authorization in the United States. (III) Family unity.-No period of time in which the alien is a beneficiary of family unity protection pursuant to section 301 of the Immigration Act of 1990 shall be taken into account in determining the period of unlawful presence in the United States under clause (I). (IV) Battered women and children.-Clause (i) shall not apply to an alien who would be described in paragraph (6)(A)(ii) if "violation of the terms of the alien's nonimmigrant visa" were substituted for "unlawful entry into the United States" in subclause (III) of that paragraph.	Baileyj96	Female	United Kingdom	2006-08-18 13:43:00
Waivers (I-601 and I-212) and Administrative Processes (221g)	Is waiver needed for an overstay of ..	To my knowledge there is no waiver available unless you have a qualifying relative. Don't think the overstay is long enough to cause you a problem but the working without authorisation might be a big problem. Baileyj Edited by Baileyj96, 23 August 2006 - 05:56 AM.	Baileyj96	Female	United Kingdom	2006-08-23 05:51:00
Waivers (I-601 and I-212) and Administrative Processes (221g)	went for interview at sydney consulate	hi nathmc31, Just wanted to say good luck with your waiver and hope it goes as quickly as they said. Baileyj	Baileyj96	Female	United Kingdom	2006-08-23 05:45:00
Waivers (I-601 and I-212) and Administrative Processes (221g)	Dexy & Peach Denial! bye for now.	Dexy and Peach, Just wanted to say how sorry I am that things did not work for you with the waiver. I hope that you both will find a way to be together and to be happy. Best wishes to you both Baileyj	Baileyj96	Female	United Kingdom	2006-08-24 18:08:00
Waivers (I-601 and I-212) and Administrative Processes (221g)	I-601 form	if you havent filed the i-601 yet you wont get that number till they get it ???????????????????????????????? Why would you pull up a post that is over 2 months old? Why would you quote about a timeline when you don't have yours filled out? Why would you answer a question about the waiver when they posted they have their visa and didn't need the waiver to start with? Just wondering. Baileyj	Baileyj96	Female	United Kingdom	2006-08-27 07:12:00
Waivers (I-601 and I-212) and Administrative Processes (221g)	I-601 form	GREAT NEWS!!!!! Congrats, Baileyj	Baileyj96	Female	United Kingdom	2006-06-08 09:05:00
Waivers (I-601 and I-212) and Administrative Processes (221g)	I-601 form	Hi there simon and julie, Think I just put N/A on my form. Welcome to our nut house. We are pretty harmless (most of the time) and friendly. Jump in on our thread anytime to blow off some steam, ask a question (we will try our best) or just tell us how your day is going. Good luck and best wishes, Vicky	Baileyj96	Female	United Kingdom	2006-06-04 15:20:00
Waivers (I-601 and I-212) and Administrative Processes (221g)	I-212 update	Good luck cd1111, hope things speed up for you now. Best wishes, Baileyj	Baileyj96	Female	United Kingdom	2006-09-03 09:18:00
Waivers (I-601 and I-212) and Administrative Processes (221g)	I'M APPROVED !!!!!!!!!!!! YAY	Hey Paul, I think she's stuck to the ceiling somewhere. She might come down sometime next week. Then she will be a wreck wondering where the visa is. Just picking on you beetee. I sure don't blame you. I would be to. Oh by the way. Thanks everyone. (didn't want to steal beetee's thread) for the well wishes. It sure did help seeing beetee get approved. I'm sure it did wonders for her also. I'm good now for a few more weeks. After that all bets are off. I will be back to being the princess of whine. Thanks again, Vicky	Baileyj96	Female	United Kingdom	2006-09-03 09:27:00
Waivers (I-601 and I-212) and Administrative Processes (221g)	I'M APPROVED !!!!!!!!!!!! YAY	I bet she's out chasing down the mailman. Giving him a big SMOOCH! Vicky	Baileyj96	Female	United Kingdom	2006-09-01 10:33:00
Waivers (I-601 and I-212) and Administrative Processes (221g)	I'M APPROVED !!!!!!!!!!!! YAY	WAKE UP PEOPLE..............WE GOT SOME CELEBRATING TO DO!!! WHOOOOOOOOOOOOOOOOOOOOOOOOOOOO HOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOO OMG what great news for you both. We needed some good news on here. So happy it was you who got to deliever it. Way to go woman! Wish I could celebrate with you. Just be sure to know I've got a big smile on my face. Now go find you a flight............................ I think someone has been waiting on you Best wishes and congrats again, Vicky Edited by Baileyj96, 01 September 2006 - 07:35 AM.	Baileyj96	Female	United Kingdom	2006-09-01 07:32:00
Waivers (I-601 and I-212) and Administrative Processes (221g)	I got my receipt number finally!	Congrats to you. I guess that means from your last post that you should be hearing something in 60 days? Hope so Baileyj	Baileyj96	Female	United Kingdom	2006-09-05 13:40:00
Waivers (I-601 and I-212) and Administrative Processes (221g)	Long question.....	Go to immigrate2us.net and look in the I-601 forum. There are many hardship letters posted in the sticky's at the top of the page. Good luck, Baileyj	Baileyj96	Female	United Kingdom	2006-09-06 13:16:00
Waivers (I-601 and I-212) and Administrative Processes (221g)	CDJ Waivers	Embassy at Juarez Mexico.	Baileyj96	Female	United Kingdom	2006-09-26 08:08:00
Waivers (I-601 and I-212) and Administrative Processes (221g)	How long for in country I-601?	Well looks like I might have been wrong on this one. I have been reading things about the I-601 for over a year now and sometimes I can't find what I "thought" i read somewhere. I did find a post on immigrate2us.net . I see your a member on there so I'll pm you the member name and you can look up their post in the search section. By their signature they filed a waiver in country and received an answer in about 2 month. Did not mean to cause you stress. So sorry, Best wishes and good luck Baileyj	Baileyj96	Female	United Kingdom	2006-10-10 17:46:00
Waivers (I-601 and I-212) and Administrative Processes (221g)	How long for in country I-601?	No I don't think it was that long but let me search around and see if I can find something. Baileyj	Baileyj96	Female	United Kingdom	2006-10-10 14:48:00
Waivers (I-601 and I-212) and Administrative Processes (221g)	How long for in country I-601?	Just kind of going on memory here but I seem to remember reading that it is very difficult and lengthly to get one done in the US. But I can't find or remember where I've seen that information. There is a lawyer at www.visacentral.net She has a free chat on Wednesdays at 11 am central time. If you could log on at that time I'm sure she might be able to answer these questions for you. Good luck, Baileyj	Baileyj96	Female	United Kingdom	2006-10-10 14:16:00
Waivers (I-601 and I-212) and Administrative Processes (221g)	Waiting time for i601 thruogh Vermont	So sorry to hear this KTM. I hope it doesn't take as long as they stated. Maybe that is a worse case prediction. Just don't know what to say. This whole process just sucks so much. Best wishes, Vicky	Baileyj96	Female	United Kingdom	2006-10-13 11:29:00
Waivers (I-601 and I-212) and Administrative Processes (221g)	Brining Wavier to Interview	Hope you don't mind. sent you a pm. Baileyj	Baileyj96	Female	United Kingdom	2006-10-15 15:04:00
Waivers (I-601 and I-212) and Administrative Processes (221g)	Brining Wavier to Interview	Hello again, Yes a credit card can be used. I had to ask the same question because it states somewhere you have to use a money order drawn on us funds...........blah blah blah but a credit card is just fine. Thanks for the good wishes. I hope your wait goes by quickly for you. I told myself a millions times that I would be fine with the wait since we knew about it before hand. ha ha It does get to you especially towards the end. Oh and no matter what don't obsess with that waiver list. It will drive you mad. Good luck and best wishes for a positive outcome Baileyj	Baileyj96	Female	United Kingdom	2006-10-15 07:56:00
Waivers (I-601 and I-212) and Administrative Processes (221g)	Brining Wavier to Interview	Yes you can file the day of your interview. You need a letter from the USC and they also require one from the UKC. The day my fiance went they reviewed all his paperwork. Told him he needed to file a waiver. When he told them he had the waiver ready to file that day they ask him to have a seat and wait. After a couple of hours a male officer went through all the paperwork to make sure it was all ready to be filed. Oh You also need to file the fee. It doesn't make it any faster. It usually takes it 2 to 4 weeks to be put on the London waiver list and the time doesn't start until your on the list. You will get a post card in the mail telling you what date you were put in the system. It took them 4 weeks to put us on the list and we will be starting our 19 week of waiting. Still haven't got an answer. Right now there are 41 cases that are either pending or under review and last month they only completed 4. Unfortunatly London has slowed waaaaaaaaaaay down. Good luck, Baileyj96	Baileyj96	Female	United Kingdom	2006-10-06 08:58:00
Waivers (I-601 and I-212) and Administrative Processes (221g)	What do we submit with the I-601	Hello finbarr, I'm not sure about the difference in the form there has probably been an update to it since we filled them out. But I can say yes you fill out all 4 pages for each. You can find example letters here http://immigrate2us....wforum.php?f=26 Best wishes, Baileyj96	Baileyj96	Female	United Kingdom	2006-10-17 10:27:00
Waivers (I-601 and I-212) and Administrative Processes (221g)	Waiver info needed	Yes that is what I'm talking about. Just the sticky tabs that stick out to the side and you can write item #1 or whatever. It probably won't matter much since the interviewer usually goes through it and pulls things out and rearranges the. So do what you feel comfortable with. No you shouldn't need the police record. You should have already filed that at the interview. It sounds like your doing an "in country" waiver. If that is the case then I'm not too sure about that. I know in London you file all your police reports when you have the interview and they are needed with the waiver. Oh and I will suggest one thing. Make copies of your whole waiver package. Sometimes the person who accepts it will pull out some of the supporting documents and say they are not needed. I've heard this happening several times. When they did that to us we just mailed in another set of the documents. Good luck and Best wishes, Baileyj	Baileyj96	Female	United Kingdom	2006-10-19 10:16:00
Waivers (I-601 and I-212) and Administrative Processes (221g)	Waiver info needed	I actually bought some sticky tabs and put them on each section. What you are doing is fine. As far as I know DHS isn't as picky as USCIS. lol As long as it's nice and neat and looks good to you I'm sure it would be fine. Good luck., Baileyj	Baileyj96	Female	United Kingdom	2006-10-19 09:37:00
Waivers (I-601 and I-212) and Administrative Processes (221g)	OMG............................	Not sure if i'm doing this correctly but here goes.Vicky I like your fiancee am too from Northern Ireland and have had to file a 601 waiver.As yet my number isn't even on the short list on the website.Could you please share with me any information about your case as i think it is very similar to mine.I have been waiting and hoping for your approval,my 601 was filed on july 18 of this year,ty Sean. sent you a pm. Oh what do you mean by the short list? You mean it's on the list but not under review yet? Vicky	Baileyj96	Female	United Kingdom	2006-10-19 18:54:00
Waivers (I-601 and I-212) and Administrative Processes (221g)	OMG............................	Aww Val I was thinking about you yesterday. I knew you were having your interview. I was so hoping that you wouldn't need to file a waiver. At least you were a little prepared for it. Not that it helps when you hear them say those words. Glad to hear the person who interviewed you was so nice about it. They were nice to Chris also. You tell your hubby not to feel bad. We would all go back and change things we did when we were young, If we only could. Just part of growing up I think. I kind of look at it like this. Nobody is perfect it's just that some get caught and some don't. I don't know if London will speed up now. I thought it was because they added other countries that they do now but I'm not convienced that is what caused it. I actually think it's because of the volume of waivers being filed for now. You know it's been about 1 1/2 years since i started looking into this and there seems to be way more people filing for waivers now. People just didn't know how to do it and now there is more information out there. Also they might speed up. I've noticed some things with immigration speeds up durring the winter so maybe it will go faster than you think. Don't you worry. I will be around for a while yet. I have social security cards to get and EAD, AP and AOS. Taxes to file. But hey I don't care. At least I know he's coming. I'll be on here checking on you and if you ever need me you just send me a pm and I'll coming running . And don't you dare do what we all did. Don't obsess with that stupid waiver list. I know that's easier said than done. It's like a huge magnet. The more you try to stay away from it the more it pulls you back. Big ((((((((((((( HUGS ))))))))))))))))))) Vicky	Baileyj96	Female	United Kingdom	2006-10-19 09:54:00
Waivers (I-601 and I-212) and Administrative Processes (221g)	OMG............................	Aww thanks a bunch you guys and gals. I took the biggest deep breath and it felt pretty good to be able to breath again. I will tell you that I would never in a million years wish this on anyone. There are no words to describe what stress it causes let alone the emotional roller coaster ride. I told becca the other night that I always considered myself a strong person but this one almost brought me to my knees. I don't think I will ever forget what this was like for a very very long time. I swear I am never going to look at that stinking waiver list again. I don't mind sharing what little bit I know but I will NOT ever look at that list again. Ok enough of the sappy stuff. I want to party and on a week night even. I swear there is nothing worse than an old person with a hangover in the middle of the week. Ok maybe just one drink and a big yooooooooo hoooooooooo out the back door. Oh Paul. He's not my hubby yet but we are working on that one. Thanks again everyone. Vicky	Baileyj96	Female	United Kingdom	2006-10-18 14:59:00
Waivers (I-601 and I-212) and Administrative Processes (221g)	OMG............................	Drumbroll please........................... We got our letter today and we were APPROVED. thank you thank you thank you. I can finally breath again. I'll come back later but right now I can't sit still. Vicky	Baileyj96	Female	United Kingdom	2006-10-18 12:34:00
Waivers (I-601 and I-212) and Administrative Processes (221g)	OMG............................	Hey there you two. Tiff you sound like your doing well. I just had a peek and saw the picture in your profile. I assume that is your mom and you when you went on vacation? You look very happy there. A puppy and dating. That might actually work out. If you bring your date home and the dog doesn't like him.............well dogs have a sense about that. Wish you all the best and I hope things continue to go well for you. Get back out there and enjoy your life. That's what it's all about. Hey there beetee. Sorry but I have to do this............... Beetee with a drivers license and driving in the US. You told me a few things about that and I must say I'm scared. Oh I'm sorry I just had to pick on you. I couldn't resist. I know you will do fine. You know your not the first person on here I've heard say something about the long working hours and lack of vacation days in the US. Boy I never knew there was that much difference with other countries. Now I feel like I"ve been abused and neglected. Maybe I should go in tomorrow and say something to the boss? Yeah.....that will get me far i'm sure. You ladies have a good one. Oh and I might be changing my name on here to Scarlet. (gone with the wind) My friend today emailed me asking if we heard anything and I replied no but tomorrow is another day. She said I sounded like Scarlet on gone with the wind. Ok I'm getting off here. No sleep for two days makes me nutzo. My lights went out last night around 10 pm and while they were working on getting them back on. They kept coming on and off about every hour. For 11 stinking hours. They didn't come back on until 9 this morning. grrrrrrr I felt like I was in some sort of science project or I had a clapper than was running amuck. Lights on.....(clap, clap)...........lights off. Ok night night, Vicky	Baileyj96	Female	United Kingdom	2006-10-17 20:41:00
Waivers (I-601 and I-212) and Administrative Processes (221g)	OMG............................	Hey Val, A big right back at you for your interview on Wednesday. Hope things go well for you. Vicky	Baileyj96	Female	United Kingdom	2006-10-16 12:40:00
Waivers (I-601 and I-212) and Administrative Processes (221g)	OMG............................	Thanks a bunch everyone. Well nothing on Saturday and nothing so far today. He was suppose to call me if he got anything and I haven't heard anything yet. After him stalking the mailman Saturday he might not come back. I shot an email to them on Friday after I saw the completion. I got one back today and all it said was email was not an appropriate way to be notified of the decision. I knew they wouldn't answer me since no one on here has been able to get them to answer an email but I thought it was worth a shot. I'll let you guys know as soon as i hear something. It's driving me insane. One minute I'm happy and positive and the next it's doom and gloom. One minute I want to know the next i'm afraid to know. Ok back to my rubber room Vicky	Baileyj96	Female	United Kingdom	2006-10-16 07:50:00
Waivers (I-601 and I-212) and Administrative Processes (221g)	OMG............................	This is Cataract Falls. Vicky sorry i can't get the picture to download on here. vicky	Baileyj96	Female	United Kingdom	2006-10-13 19:50:00
Waivers (I-601 and I-212) and Administrative Processes (221g)	OMG............................	Oh I took Chris down to Nashville one of the times he was here. We also went to Bridgeton instead of Rockville. It's a bit less crowded. Nashville kind of gets to me. After a while all the shops start looking the same. I never made it down to Cataract this year. Actually I haven't been for a couple of years. Sounds like you did ok though. It's always fun when you can find some bargains. Last weekend I had to change the break pads on the car. (yes I can do that lol) The kitchen faucet started leaking so I had to buy a new one and change that. I also changed both the shower heads in the bathrooms while I was at it. I was so surprised it went rather smooth. Usually something goes wrong when I do things like this. I keep looking under the sink checking for leaks. So far so good. Sounds like your going to be busy. Wanting to get things straightened out for when the little woman comes? Well if we get good news I'll be cleaning like a mad woman soon. At least If I'm doing that I won't be thinking about all the other things we will need to do. oh and by the way lal_brandow...........what's so funny about cataract? LOL Vicky	Baileyj96	Female	United Kingdom	2006-10-13 14:38:00
Waivers (I-601 and I-212) and Administrative Processes (221g)	OMG............................	Well, if you want to make the weekend go faster, I need some help putting up insulation and walls..... LOL Hoping everything goes well for you. It's been long enough. (Is it just me, or is this the coldest October Putnam County has ever had?) Dang you changed your name. I kept wondering who this was that knew about Putnam County. duh!!! Yeah it's been pretty cold the last couple of days. I did hear we will be back up into the 70's by next week. Hey I'm busy tonight. Heading for walmart to get groceries tonight. As far as tomorrow. Well every leaf on my trees out back has fallen. I think they are about waiste deep now. I might be available on Sunday. Not sure how much help I would be. I've done water heaters, water lines, electric, poured footers, but never drywall. Oooh I could just take off and go to Rockville. I don't care to go there because of the crowds but It would keep my mind off of this. Do you go up there and look around? Thanks, Vicky	Baileyj96	Female	United Kingdom	2006-10-13 13:08:00
Waivers (I-601 and I-212) and Administrative Processes (221g)	OMG............................	Thanks everyone. I'm a little better now. (thanks becca for calling me at work) I think you caught me bouncing off the walls. I'm usually not always this insane. Ok that depends on who you talk to. I can breath now and I'll keep my fingers crossed. Dang this is going to be a looooooooooong weekend. thanks for the positive thoughts and mojo. Vicky	Baileyj96	Female	United Kingdom	2006-10-13 12:38:00