ForumTitleContentMemberSexCountryDate/Time
Waivers (I-601 and I-212) and Administrative Processes (221g)CIMIT and criminal records declaration for I-130 London
The Required Police Cert may show this.

The rule is to NOT omit anything, if caught, then will be denied and BARRED for life due to Misrepresentation.


YuAndDanMaleChina2008-12-16 13:58:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Denial chances of DCF???
They can for any visa type.

They deny based on the inadmissibility list, as well as determination of a NON Bona Fide relationship based on the evidence presented to them.

http://travel.state....ities_1364.html

Do you suspect you have red flags that may cause a denial?
YuAndDanMaleChina2008-12-13 08:19:00
Waivers (I-601 and I-212) and Administrative Processes (221g)heather poole or laurel scott
Are you talking about immigrations lawyers???

You may want to give background details in your posted question.

Sometimes I dislike wordy questions, and think lets get to the point, but this question is NOT wordy enough, give me a clue please!

Edited by YuAndDan, 06 December 2008 - 06:34 PM.

YuAndDanMaleChina2008-12-06 18:32:00
Waivers (I-601 and I-212) and Administrative Processes (221g)I need your opinion here...
You will NOT have a problem with getting a K-Visa, because your accumulated overstay is LESS than 180 days. If overstay were MORE than 180 days then you would be dealing with a BAR.
YuAndDanMaleChina2008-11-10 14:36:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Marriage on AP
Plain and simple, marriage outside the USA while K-1 is pending will invalidated the K-1, you WILL need to then file I-130 for a spousal visa.

K-1 is ONLY for Fiancees NOT spouses.

This is a FAQ: http://www.visajourn...ation.html#4.11 4.11)...My alien fiancee has been issued a K-1 visa. Can we get married abroad and then come back together to the US with the K-1?
YuAndDanMaleChina2008-10-14 15:11:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Marriage on AP
QUOTE (WonTanNara @ Oct 14 2008, 04:25 PM) <{POST_SNAPBACK}>
QUOTE (YuAndDan @ Oct 14 2008, 04:11 PM) <{POST_SNAPBACK}>
Plain and simple, marriage outside the USA while K-1 is pending will invalidated the K-1, you WILL need to then file I-130 for a spousal visa.

K-1 is ONLY for Fiancees NOT spouses.

This is a FAQ: http://www.visajourn...ation.html#4.11 4.11)...My alien fiancee has been issued a K-1 visa. Can we get married abroad and then come back together to the US with the K-1?



Thanks for the link, it says:

4.11)...My alien fiancee has been issued a K-1 visa. Can we get married abroad and then come back together to the US with the K-1?
A...No. The alien must NOT be married when s/he enters the US on a K-1 visa. Also, if using the K-1, the couple must marry in the US within 90 days of the alien entering on the K-1.
(FAQ Note: Some couples arrange to have a non legal ceremony prior to the fiance(e) leaving their home country, in order to satisfy the wishes of family, or to have a celebration if the family is unable to travel to the US for a wedding.
back


That little note, a non-legal ceremony, is exactly what we want. So the answer isn't so plain and simple it would seem...
Yep, a religious ceremony is fine as long as the local government does not treat this a s a legal marriage. In our case we had a nice engagement party for friends and family in China celebrating our future legal marriage in the USA.
YuAndDanMaleChina2008-10-14 15:35:00
Waivers (I-601 and I-212) and Administrative Processes (221g)I hate the weekends!
Off Topic? offtopic45vn.gif

Edited by YuAndDan, 10 October 2008 - 04:25 PM.

YuAndDanMaleChina2008-10-10 16:25:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Girlfriend needs help extending her J1 Visa
Perhaps get married, and you file an I-130 along with I-485 and adjust status.

J-1 may have a 1-2 year foreign residency requirement that may need a waiver (I-612)

http://www.visajourn...page=i130guide2

http://www.uscis.gov...00045f3d6a1RCRD
YuAndDanMaleChina2008-07-30 11:38:00
Waivers (I-601 and I-212) and Administrative Processes (221g)tnvisa overstay canadian ctzn.
If you are married, and filed I-130, why is this post in the K-1 forum? K-1 is a visa for fiancees and un-married couples. Shouldnt this be in the CR-1/IR-1 forum or perhaps the "Waivers (I-601 and I-212) and Administrative Processes (221g)" fourm.

Anyway, you need to let the petition work it's way to the consulate, and then file a waiver of the ban at the request of the counselor officer.

Time to do a timeline: http://www.visajourn...le.php?id=50894

Also time to update profile, you filed for CR-1/IR-1 visa: http://www.visajourn...h...rCP&CODE=01

Edited by YuAndDan, 24 June 2008 - 08:50 AM.

YuAndDanMaleChina2008-06-24 08:48:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Is there an official AP timeline?
QUOTE (English Muffin @ Jun 4 2008, 05:19 PM) <{POST_SNAPBACK}>
Whoops!
Yep, I know what you may be thinking, AP tends to = Advance Parole, and there are timelines for that.

I think the poster means Administrative Processing of a waiver.
YuAndDanMaleChina2008-06-04 16:27:00
Waivers (I-601 and I-212) and Administrative Processes (221g)212(a)(6)(c)(i) ineligible for visa
Misrepresentation is a broad class of denial, the counselor officer feels that something about the case is not right.

They are telling you to file I-601 to USCIS to overturn or clear up what wrong with the case.
YuAndDanMaleChina2008-05-28 10:42:00
Waivers (I-601 and I-212) and Administrative Processes (221g)I-601 pending but passport returned without visa
I doubt that the return of the passport is an indication one way or another what the decision will be. I suspect they felt that the passport should be returned to the person, in the event they may wish to travel while waiting for the waiver.
YuAndDanMaleChina2008-03-04 15:49:00
Waivers (I-601 and I-212) and Administrative Processes (221g)USCIS and FBI Release Joint Plan to Eliminate Backlog of FBI Name Checks
Captain Ewok added this to VJ homepage yesterday.

SEE: http://www.visajourn...check-backlogs/
YuAndDanMaleChina2008-04-03 07:32:00
Waivers (I-601 and I-212) and Administrative Processes (221g)After Naturalization
QUOTE (Mononoke28 @ Mar 21 2008, 11:05 AM) <{POST_SNAPBACK}>
Yes, my mom has stayed outside the US for 2-3 years at a time and comes back without any problems.

Diana
OR LONGER

SEE Duplicate post: http://www.visajourn...howtopic=117218
YuAndDanMaleChina2008-03-21 10:11:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Could it be a major factor?
Who has the history? US Citizen or NON-US Citizen?

If US Citizen only waiver that may be needed it to deal with possible IMBRA issues.

IF Foreign citizen, this may be a big problem, most successful waivers deal with ONE minor crime in a person's past, but if more than one crime, the waiver tends to fail. The waiver can only be filed upon the counselor officer at the consulate request.
YuAndDanMaleChina2008-02-22 14:49:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Could it be a major factor?
QUOTE (andywv @ Feb 22 2008, 03:52 PM) <{POST_SNAPBACK}>
hi , what does his criminal record have to do with you getting a visa ? you are the beneficiary not him ,you need the good record . My wife usc was never asked about any criminal background when we did our application , i think you are mis understanding the process .
If US Citizen was convicted of a violent crime, the I-129F IMBRA questions will need to be dealt with.

QUOTE
7. What Documents Do You Need to Comply With the International Marriage Broker Regulation Act?

A. If you have ever been convicted of any of the following crimes, submit certified copies of all court and police records showing the charges and dispositions for every such conviction. This is required even if your records were sealed or otherwise cleared or if anyone,including a judge, law enforcement officer, or attorney,told you that you no longer have a record.

1. Domestic violence, sexual assault, child abuse and neglect, dating violence, elder abuse, and stalking.

The term "domestic violence" includes felony or misdemeanor crimes of violence committed by a current or former spouse of the
victim, by a person with whom the victim shares a child in common, by a person who is co habitating with or has co habitated with the victim as a spouse, by a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction receiving grant monies, or by any other person against an adult or youth victim who is protected from that person's acts under the domestic or family violence laws of the jurisdiction.

2. Homicide, murder, manslaughter, rape, abusive sexual contact, sexual exploitation, incest, torture,trafficking, peonage, holding hostage, involuntary servitude, slave trade, kidnapping, abduction,unlawful criminal restraint, false imprisonment, oran attempt to commit any of these crimes.

3. Crimes relating to a controlled substance or alcohol on three or more occasions, and such crimes did not arise from a single act.

NOTE: If your petition is approved, a copy of your petition, including the information you submit regarding your criminal convictions, will be provided to the Department of State for dissemination to the beneficiary of your petition pursuant to section 833(a)(5)(A)(ii) of IMBRA. In addition, pursuant to section833(a)(5)(A)(iii) of IMBRA, any criminal back ground information pertaining to you that USCIS may discover independently in adjudicating this petition will also be provided to the Department of State for disclosure to the beneficiary of your petition. You should also note that under section 833(c ) of IMBRA, the name and contact information of any person who was granted a protection or restraining order against you, or of any victim of a crime of violence perpetrated by the petitioner, will remain confidential but that the relationship of the petitioner of such person or victim(i.e., spouse, child, etc.) will be disclosed.

B. If you are seeking a waiver of the filing limitations imposed by IMBRA, you must attach a signed and dated request for the waiver, explaining why a waiver would be appropriate in your case, together with any evidence in support of your request. Examples of such evidence include, but are not limited to: a death certificate, police reports, news articles, or medical reports from a licensed medical professional, regarding the death of an alien approved for a prior K visa.

If you have committed a violent offense and seek a waiver, you must attach a signed and dated request for the waiver, together with evidence that extraordinary circumstances exist in your case, i.e., that you were being battered or subjected to extreme cruelty by your spouse, parent, or adult child at the time you committed your violent offense(s), you were not the primary perpetrator of violence in the relationship, and:

1. You were acting in self-defense;

2. You violated a protection order intended for your protection; or

3. You committed, were arrested for, were convicted of, or plead guilty to committing a crime that did not result in serious bodily injury and where there was a connection between the crime committed and your having been battered or subjected to extreme cruelty.

Examples of such evidence include, but are not limited to:

Police reports;
Court records;
News articles;
Trial transcripts.

Applicants may submit any credible evidence that isrelevant to the request for such a waiver
http://www.uscis.gov...I-129Finstr.pdf
YuAndDanMaleChina2008-02-22 16:11:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Waiver for J-1 visa
QUOTE
J1 Visa holders will almost always require a waiver and should consult with an immigration lawyer or the USCIS for more information. If you have any doubt, consult an immigration attorney.
http://www.visajourn...page=i130guide2
YuAndDanMaleChina2007-12-04 16:07:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Waiver for J-1 visa
QUOTE (Cecile @ Dec 4 2007, 05:16 PM) <{POST_SNAPBACK}>
Thank you for the link, and yes I know that the best thing to do in such case is to meet an attorney.
I asked my questions here because there are probably some people here that have done it, and before to get an appointment with an attorney, it is better to know a few things about the process.

I have found this link http://www.hooyou.co...oobjection.html and it explains pretty well the process for the waiver but it doesn't answer to all of my questions, and it even gives me more doubts.

I suppose the J-1 Visa Waiver Recommendation Application they talk about is the 'no-objection letter', but that still doesn't explain how to get it.



And I wonder, which process would be of less burden? K-1 or J-1+waiver (since I have the possibility to get the J-1)?
Might they consider the J-1+marriage+waiver as fraud?
I would suspect you get the "No objection Letter" from your Consulate or Embassy in the USA.
YuAndDanMaleChina2007-12-04 22:09:00
Waivers (I-601 and I-212) and Administrative Processes (221g)hiv waiver
Has been posted about before:

http://www.visajourn...showtopic=18561

http://www.visajourn...showtopic=91398

http://www.visajourn...showtopic=46823
YuAndDanMaleChina2007-11-07 10:09:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Past Prison Time in Mexico a Problem? CIMT?
Classes of Aliens Ineligible to Receive Visas

READ: http://travel.state....ities_1364.html
YuAndDanMaleChina2007-10-10 10:08:00
Waivers (I-601 and I-212) and Administrative Processes (221g)i-751 waiver
Leaving the country for that long without first getting a re-entry permit is considered to be abandoning LPR status.

QUOTE
Maintaining Permanent Residence You may lose your permanent residence status if you commit an act that makes you removable from the United States under the law in section 237 of the Immigration and Nationality Act. If you commit such an act, you may be brought before the immigration courts to determine your right to remain a Permanent Resident.

You may be found to have abandoned your permanent resident status if you:
  • Move to another country intending to live there permanently.
  • Remain outside of the US for more than one year without obtaining a reentry permit or returning resident visa. However in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year.
  • Remain outside of the US for more than two years after issuance of a reentry permit without obtaining a returning resident visa. However in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year.
  • Fail to file income tax returns while living outside of the US for any period.
  • Declare yourself a “nonimmigrant” on your tax returns.
http://www.uscis.gov...00045f3d6a1RCRD

You may have to see is you can get a Returning Resident Alien visa (SB-1) from the consulate.
YuAndDanMaleChina2007-10-05 14:26:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Illegal Friend needs help
I would think it would be better for your friend to have a US Citizen act as witness, or even a lawyer.
YuAndDanMaleChina2007-10-04 13:05:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Illegal Friend needs help
QUOTE (tj_maisuria @ Oct 4 2007, 03:34 PM) <{POST_SNAPBACK}>
Thanks! all

My concern is that since I have a green card.....I dont want Govt of India harrasing me when I visit India or think that I help and illegal immigrant or somehting. I am sure the Indian consulate will make photo copies of my greencard and things like that....

Thanks
Yep, go with what you feel comfortable with.
YuAndDanMaleChina2007-10-04 15:05:00
Waivers (I-601 and I-212) and Administrative Processes (221g)I-601 Denied for Cannabis Possession
Lawyer is correct, appeal is only option, refiling will only result in another denial, they will see the other I-601, and say why should we approve this one, without addressing the first one?

Also, typically they deny for 2 or more offenses, (in your case possession and the DUI), if you had only One minor offense they probably would have not denied.
YuAndDanMaleChina2007-09-27 16:04:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Illegal and working
If she is here and has not left on the K-1 then you file I-130 and I-485 as well as I-765 for her EAD. Yes un-auth work and the overstay should be excused when the AOS is approved. the I-601 should not be needed unless they request you to file one.

Study this guide:

http://www.visajourn...page=i130guide2

Another valuable resource for China/US immigrations issues is "A Candle for Love" http://candleforlove.com
YuAndDanMaleChina2007-08-07 13:06:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Illegal and working

YouAndDan is correct she is not an EWI so you can file 485/130/765 from everything I have read. Check out http://immigrate2us.net/forum/ also. Kitkat here is very knowledgable also.

Correct, the K-1 entered the country legally, just failed to marry the original petitioner, and overstayed, the OP will just become the K-1's new petitioner by filing the I-130 and I-485 together.

This subject comes up from time to time.
YuAndDanMaleChina2007-08-07 14:03:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Illegal and working

She can't adjust based on the original K-1. But she did enter legally. Since she's married you now, you can file an I-130 and the AOS package to adjust based on her NEW status. An overstay and unauthorized work should be forgiven. She should *not* go home.

She would be adjusting status based on the concurrently filed I-130 (I-485 part 2 check box "a" an immigrant petition giving me an immediately available immigrant visa number has been approved.)
YuAndDanMaleChina2007-08-07 14:12:00
Waivers (I-601 and I-212) and Administrative Processes (221g)I-601 waiver form
How about looking on USCIS site?

http://www.uscis.gov...00045f3d6a1RCRD

In most cases you don't file it until the Consular officer tells you.
YuAndDanMaleChina2007-07-31 15:29:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Come back to the U.S. to marry or as Spouse in spite of overstaying previoius tourist visa?
Either way they will have to file an I-601 to waiver the bar that will be in place for the overstay. This tends to have to be done after the consular officer requests it at a visa interview.
YuAndDanMaleChina2007-07-18 15:17:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Come back to the U.S. to marry or as Spouse in spite of overstaying previoius tourist visa?

Okay, thanks! Yet another form, more $$$, and more wait time. :wacko:

Overstaying a visa can be a costly mistake.

Marco is not doomed, just will hit a speed bump.
YuAndDanMaleChina2007-07-18 16:31:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Website Down?
Probably hosted on 1 server, and it may be off line at the moment.
YuAndDanMaleChina2007-06-14 09:48:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Visa Waiver Program Changes????
SEE:

http://usinfo.state....ohT6.930178e-02

http://usinfo.state....retnuh0.9686396

Though this is all just talk, no info on if, what and when.
YuAndDanMaleChina2007-06-28 10:50:00
Waivers (I-601 and I-212) and Administrative Processes (221g)help i cant find it
How about here?

U.S. Embassy, Consular Section
Rruga e Elbasanit, No. 103 Tirana, ALBANIA

http://tirana.usemba...ov/contact.html

Reference NVC Case number on it.
YuAndDanMaleChina2007-06-19 16:27:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Any 1 get 221g (denial) from Manila?
A 221g is not a denial of a visa, it is the consulate's form of (RFE) they will indicate on the form what additional evidence that they want to be provided to them, usually proving a bona fide relationship.
YuAndDanMaleChina2007-06-19 11:32:00
Waivers (I-601 and I-212) and Administrative Processes (221g)question
Only paperwork given back to us was Affidavit of Support, every thing else is in the sealed brown envelope that is turned over to the officer at the POE.
YuAndDanMaleChina2007-05-30 14:08:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Ok am I going to need a Waiver ?
Question was asked last week: http://www.visajourn...h...st&p=900483

There is no ban on a person who overstayed less than 180 days.
YuAndDanMaleChina2007-05-14 10:57:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Dependents And Financial Requirements
The general rule is to count anyone that you claim on your taxes and the immigrant that you are sponsoring.

So count yourself, 2 children and the immigrant. Total = 4

Also this should have been posted in a different forum, you are not talking about a waiver here, just the affidavit of support, consulate of embassy general discussion may have been a better place.

Edited by YuAndDan, 10 May 2007 - 09:13 PM.

YuAndDanMaleChina2007-05-10 21:11:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Other names used, was told not to declare it
3 lawyers and a Consulate officer told you to not to worry about it, then don't worry about it.

Other names used is for situations like a person like "Richard Smith" always going by "####### Smith" or maiden names. If you did not use the nic-name on any legal documents, just were called that by friends, it is not "other-names-used" in the legal sence.

Forget about it and move on.
YuAndDanMaleChina2007-05-08 12:13:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Will we need a waiver?
Any offense that shows up on a police report.

There are some exceptions.

(2) Criminal and related grounds.-

(A) Conviction of certain crimes.-

(i) In general.-Except as provided in clause (ii), any alien convicted of, or who admits having committed, or who admits committing acts which constitute the essential elements of-

(I) a crime involving moral turpitude (other than a purely political offense or an attempt or conspiracy to commit such a crime), or

(II) a violation of (or a conspiracy or attempt to violate) any law or regulation of a State, the United States, or a foreign country relating to a controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)), is inadmissible.

(ii) Exception.-Clause (i)(I) shall not apply to an alien who committed only one crime if-

(I) the 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 5 years before the date of application for a visa or other documentation and the date of application for admission to the United States, or

(II) the maximum penalty possible for the crime of which the alien was convicted (or which the alien admits having committed or of which the acts that 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 6 months (regardless of the extent to which the sentence was ultimately executed).

http://travel.state....Ineligibilities

Sounds like your case fits section 212(g) (a) (2) (A) (ii) (II) exception due to no imprisonment, and just a fine paid.
YuAndDanMaleChina2007-02-07 16:16:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Withdrawing Support
I-864 support only stops on one of these conditions:

1) Spouse Naturalizes and becomes a citizen
2) Spouse leaves the country and abandons LPR status.
3) Spouse dies
4) Supporting US citizen dies
5) Spouse is credited with 10 years (40 quarters) work in the USA.
YuAndDanMaleChina2007-04-30 13:12:00