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Anyone that knows something about waivers...please respond!!

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  • Anyone that knows something about waivers...please respond!!

    I am a US citizen and my husband is not. Our I-130 was approved, but the I-485 denied. Is there anything else that can be done here? If not, what are the chances of his application being accepted without the waiver? Or with??

  • #2
    I am a US citizen and my husband is not. Our I-130 was approved, but the I-485 denied. Is there anything else that can be done here? If not, what are the chances of his application being accepted without the waiver? Or with??

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    • #3
      This may help. Either way, you need to consult with an immigration attorney.

      http://www.ilw.com/articles/2001,0522-Shusterman.shtm

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      • #4
        <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content"> served 3 years in jail in Italy as a young man for a crime he did not commit). </div></BLOCKQUOTE>

        Are people really this stupid? He says he did not commit a crime and you believe him? He lied about it already to immigration and you STILL believe him? What exactly would it take for you NOT to believe this criminal?

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        • #5
          No one is asking you for your opinion s/t/u/p/i/d b i t c h

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          • #6
            Thanks rough neighbor. I took a chance with sharing this on this forum with the hesitation that I would encounter the above type of response...seriously, no time to address ignorance, nor to defend my original question. Helpful responses are greatly appreciated. Thanks, and God bless.

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            • #7
              Where in the USA do you live?

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              • #8
                Michigan

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                • #9
                  I asked because 9th Circuit Court of Appeals has ruled that VWP entrants, once they file for AOS, are subject of AOS rules not VWP, meaning that they are entitled to an appeal in case of denial. USCIS is always trying to stick to VWP no-contents clause.
                  Unfortunately for you, that does not cover the whole USA (Michigan).

                  In order to try determine wether he is eligible for a waiver, we need to know more about the crime he was sentenced for.

                  In any case, do consult a lawyer.

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                  • #10
                    Before he flies out get a consultation with a immigration lawyer!!! Once he is out of the country he might be stuck with a ban to re-enter. Secondly he will not be able to use the VWP again - EVER!!!!

                    Get to a good lawyer - outline the facts, all the grim details, and let him consult u!!!!! U wont get the right advice on here - u need help and fast!!

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                    • #11
                      Thank you ntfd3!
                      I am looking for a good lawyer, we are in Michigan...any suggestions??

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                      • #12
                        Isn't extortion a CIMT? Wouldn't that trigger CIMT inadmissibility?

                        Also, I thought that expunging the record has no effect for immigration purposes unless the conviction is reversed on merits, isn't that correct?

                        aneri, I guess you're right about the 9th holding that AOS applicants are entitled to proceedings. But they also held that 212 waivers could be filed and adjudicated without requiring the alien to leave the U.S... But what about those memos instructing officials to continue to deny 212 waivers if the applicant remains in the U.S.? I guess nobody knows for sure what's going on.
                        The 10th circuit recently held that denied AOS applicants admitted under 217 cannot renew in front of the IJ, they're only able to request asylum.

                        The OP needs to consult with a lawyer, this is not the place to look for advice.

                        -THIS IS NOT LEGAL ADVICE-

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                        • #13
                          I'm willing to consult, any suggestions in MI?? I have not located a really good lawyer here.

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                          • #14
                            where in mi are u?

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                            • #15
                              <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by Houston:
                              Also, I thought that expunging the record has no effect for immigration purposes unless the conviction is reversed on merits, isn't that correct? </div></BLOCKQUOTE>

                              Correct; expunged records, clearance or pardon mean nothing in immigration process...

                              NeedHelpFast - you can enlist the help of any good immigration lawyer, regardless in which state he/she is.

                              Have you looked here: http://www.ilw.com/directory/findLawyer.asp

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