Urgent help is needed regarding waivers.

[PBS1099]

My spouse will be going for an interview & then he will be denied visa because my spouse once tried to come to this country with false documents. What kind of waiver he will need. He was charged with 5 counts and he later on pleaded gulty to all on his lawyer advice & the maximum penalty for the three is 7 years eaxh but he just was fined $100 for all five. The charges were
1. Forging documents
2. Using forged documents as original
3. Using forged passport (but not American Passport)He didn't claim US citizenship.

The above three all carry maximum of 7 years each.
I don't know whether he will need I 601 waiver or some other kind of waiver if available. I will appreciate any help.

[PBS1099]

My spouse will be going for an interview & then he will be denied visa because my spouse once tried to come to this country with false documents. What kind of waiver he will need. He was charged with 5 counts and he later on pleaded gulty to all on his lawyer advice & the maximum penalty for the three is 7 years eaxh but he just was fined $100 for all five. The charges were
1. Forging documents
2. Using forged documents as original
3. Using forged passport (but not American Passport)He didn't claim US citizenship.

The above three all carry maximum of 7 years each.
I don't know whether he will need I 601 waiver or some other kind of waiver if available. I will appreciate any help.

[mohan]

depending upon the time it occured bar should be 5 to 10 years. .

[sup]

I'm a living witness that I-212 (for deportation) and I-601 waivers can be approved. We just got ours approved on Mar 24 2005 after pending for 5 months and 6 days and my spouse already obtained an immigrant visa. I claim the full bragging rights about it! We did it with a great help from immigrate2us.net website. In your case your spouse is eligible to file the I-601 waiver for miss-representation and hopefully with help from that site you'll get approved. The waiver filing process is long and frustrating but if you prepare an approvable hardship letter and be patient you can do it to!

Cheers.

[PBS1099]

Thank you Mohan and Sup for your responses. Mohan it occured 8 years ago and my husband is not deported and he never got visa. For misrepresentation it is I 601 waiver but for the charges I don't know what kind of waiver is available? Is I 212 is also for something that occured in another country like my husband or is it only for people who are overstayed or deported?

There is one question on DS 230 part 2 it asks, Hsve you ever been charged, arrested or convicted of any offenss or crime? How should he answer this?

[mohan]

if he didnot committd any crime he should answer No.. its for crime not immigration violations.
He will be asked to file waivers.
To sup: no one is saying 212 and 601 is not approvable. its all depends upon aliens situation. Mostly 601 willlbe fileds if the alien is not in the US or got deoprted or self deported, but in same cases it can be filed within US.

[PBS1099]

Thank you Mohan for your answer. My question is will it only be I 601 or some other waivers too?
When he forged documents back home, he was charged and later on pleaded guilty for the charges that I describe in my first post. I will appreciate your response and other peoples responses.

[sup]

I-601 waiver will cover both miss-representation and criminal charges.

Cheers.

[Epiclaughter]

what a wonderful post.. for me to **** on

[PBS1099]

Thank you Sup for your response. I was told that I 601 covers only misrepresentation and not felony like forging documents to get visa.

[mohan]

I already answered to your Question thru email.its too personal to write here, I know your whole waiver I wrote it and its approved.

Sup You are completely wrong in this part too.again I advise you to hit the books first..
If you file waiver for criminal charges .. and don't mention misrep.. you have to file another waiver for second one.... wrong again..

[PBS1099]

Thank you Mohan for writing my waiver and now its approved after 20 long months. I really appreciate all your help