Did They Make Us Do The Wrong Waiver?

[USBrit]

My fiance is currently in week 16 with London waiting adjudication of his I601 (2 CIMT convictionsfor same incident in 1979 total amount involved only 25 pounds). In May when he had his interview and visa was denied because of the CIMT multiple he was given the form for the I601 waiver based on the USC (me) hardship. However, I have just discovered there is another waiver not based on the USC hardship but on the immigrant's rehabilitation. This can be used when the conviction(s) causing the excludability are over 15 years old - this is certainly the case for us. You prove
a) conviction(s) older than 15 years
b) not a threat to US national security etc (obviously that is up to the adjudicator)
c) rehabilitation (I guess letters from employers,etc testifying to the applicant's character etc)
I don't know what to do - if they turn us down on the hardship should be appeal citing the fact we should have been given the oppportunity to pursue this other type of waiver?

[lgatica06]

Does this other typw of waiver have a name or form associated with it. I don't think anyone here is familiar with it. What were his convictions for? Drugs?

[USBrit]

No the CIMT were 2 counts of theft/fraud for a total of 25 pounds - no drugs

[lgatica06]

Geez from that long ago you wouldn't expect that would pose a problem but I guess they do.
It is my understanding that the I-601 encompasses both CIMT and illegal presence(when applicable). SInce your fiancee only has CIMT then I believe the I-601 is correct.

Someone else may know more about this other waiver you talk about though and will hopefully chime in soon.
Good luck

[emt103c]

It is my understanding that the I-601 encompasses both CIMT and illegal presence(when applicable). SInce your fiancee only has CIMT then I believe the I-601 is correct.
Good luck


Ditto

[Laura]

We really need to know the form or name of the "other" waiver. I have never heard of any such thing, but regardless I think we have seen I-601s used in similar (if maybe not quite as old) situations.

[pen1137]

some call it a 212h, but the 601 encompasses that-it's like a subgroup type of thing, not an actual form.

you should be hearing something soon!

[kitkat1]

601 is the correct waiver for criminal issues, and with two criminal convictions it's definitely necessary.

[Daniel Green]

The I-601 form is used to waive certain criminal grounds of inadmissibility (INA 212(h)), as well as misrepresentation (INA 212(i)), unlawful presence (INA 212(a)(9)(B)(v)), and inadmissibility resulting from certain communicable diseases (212(g)).

The I-601 form is used in any of these circumstances. Under the statute, different sections of the inadmissibility provision (INA 212) control the elements that must be established in order for DHS/EOIR to approve the waiver, but the form used is the same. The form is the tip of the iceberg, as the supporting documentation is what determines the merits of a waiver.

-Dan

[USBrit]

Thanks yes I've done some more research and the 212h subgroup is what it is - not a different form. Thanks and sorry for the false alarm. It's just with all the worry and delays I'm not thinking straight any more. I just pray they approve and soon so we can get on with our lives!

[sillygiggle]

Hi- we filed the I212H for the exact reason-my husband had multiple CIMT over 15 years ago. We had to prove rehabilitation (not as easy as it sounds) prove that it was over 15 years ago and that he isnt a threat to US. My lawyer was unfamiliar with this waiver and wanted us to file a I601 just to be save (you use the same form) we did. I don't know which got approved, but we filed the whole waiver packet in Dec of 06 and he was approved in Feb of 07. less than 2 months-In Country Waiver.
just a bit of background-the first time we filed he was denied because we didnt have the proper court documents-we didnt even get to the waiver filing process-they just denied him w/in 30 days of our interview because of his criminial record in the UK-from there we had to get all of the proper court documents, which was VERY difficult as his records were over 15 years. Good luck to you