Hardship waiver being requested from us.

[Emil]

Hello,



My girlfriend has spent the last year filling out applications to have her mother and father granted entry into the United States from Fiji. Recently her mother was approved and arrived in California 2 weeks ago. Now she is being told her father's approval is up in the air. We think this might be from an incident in 1987, in which her father recieved a conviction for buying stolen property. The Embassy in Fiji told my girlfriend she needs to submit a hardship waiver form in order to continue the paperwork. We don't understand why she would need to fill out a hardship waiver. Is the fathers conviction from 21 years ago going to have a major impact on his approval to come to the United States? Any advice?

Some more points. I just read: http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=55fb96981298d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=2411c9ee2f82b010VgnVCM10000045f3d6a1 RCRD)
and it says the time frame for an appeal on the I 601 is 18 months! Can we just resubmit paperwork for a new interview or we have to go through the waiver process?

[Pinkpig]

"The Embassy in Fiji told my girlfriend she needs to submit a hardship waiver form in order to continue the paperwork. We don't understand why she would need to fill out a hardship waiver."

The Embassy in Fiji should tell you why they are asking you to submit a hardship waiver. There are several types of hardship waivers. They will have to tell you what they are charging the father with.

What type of visa has he applied for?

Has he been denied the visa?

[emt103c]

Emil, I spoke to you on the other forum. . .you cannot just request another interview. You need to see the actual denial form so that you can address the reasons for denial in the Hardship waiver package. As I said before, several different types of convictions can be a reason for visa denial, and needing to submit a waiver.

The waiver process IS long and drawn out, but it is a requirement. Make yourself at home here and take a look at the examples. As you can see by this list:

http://www.state.gov/documents/organization/86942.pdf

Receiving/purchasing stolen property can be seen as a CIMT for the purpose of visa issuance under certain circumstances, even with such a long time having passed since conviction or arrest.

In U.S. immigration law, if you need a waiver now, you will always need a waiver, until one has been granted.

I am sorry, I am sure this comes as quite a shock. A lot of us have been in the same type of situation where we had no idea we were going to need a waiver until the last minute.

Make yourself at home and be sure to read the "stickies" they are VERY helpful!

Welcome!

[Emil]

Thank you everybody so much for the help. Please give me any more advice, this is going to be a tough battle.
Edit:
Hi,


I have been looking over the example letters of approved hardship letters, I can't find one that refers to a mother or father. All the letters are for either a spouse or a child. Any ideas?