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Waiver Denied........Should I Appeal or Re submit I-485

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  • Waiver Denied........Should I Appeal or Re submit I-485

    I married a US Citizen back in 2001 my waiver got denied due to a minor crime that violates moral turpitude. Due to the reasons of extreme hardship we provided the waiver got Denied. Should i appeal it or should i start all over and resubmit the I-485 all over again. Due to some research i have done on the INS website, INS Naturalization requiremnets state that a person with Good Moral Character is someone that has committed one or more crimes in the past 5 to 3 years and the crime i have done are beyond the. Any suggestions?

  • #2
    I married a US Citizen back in 2001 my waiver got denied due to a minor crime that violates moral turpitude. Due to the reasons of extreme hardship we provided the waiver got Denied. Should i appeal it or should i start all over and resubmit the I-485 all over again. Due to some research i have done on the INS website, INS Naturalization requiremnets state that a person with Good Moral Character is someone that has committed one or more crimes in the past 5 to 3 years and the crime i have done are beyond the. Any suggestions?

    Comment


    • #3
      If you're outside the U.S., you have no recourse to appeal. Your only option is to reapply for the waiver and/or the visa with your spouse's support if you have new evidence in regard to your good moral character or adjustability and admissibility. If you believe that you have been wrongly denied, add the evidence and statutes quoting the law that pertains to your case.

      An alien who is obtaining permission to enter should preferably have no convictions at all. Any disqualifying convictions will reflect negatively on your character. Any marriage to a U.S. citizen (especially if it is a long-distance relationship) will also raise an underlying issue of marriage fraud to obtain illegaly immigration benefits.

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      • #4
        I'm in the US now, been here since 1989, so you mean i should resubmit the 1-485 all over again and start of fressh again and next time around have strong support and evidence for the waiver??

        Comment


        • #5
          Please clarify some facts.

          You must have committed serious crime (felony) in order to be found inadmissible, deportable and consequently unadjustable to LPR in USA as a spouse of USC.

          You may have your own definition of what serious crime is, but any conviction that qualifies for 1 year or more of prison time is considered to be serious crime, regardless of actual sentence you have got.
          Misdemeanors also qualify as serious things if done repeatedly, you can look it up on your spare time.

          "Person of good moral character" standard applies when you are going through Naturalization process: it is a higher standard than one you must hold to be eligible for LPR.

          In your case it is not about your "good moral character", it is about how bad person you are, and whether you are bad enough to have your AOS denied.

          Again, please clarify facts:
          What was specific reason for denying the waiver??
          What waiver was that??
          Under what statute was it denied??
          What are the procedures after denial?
          How much time you have to appeal the case?
          Are you being placed in deportation proceedings as a result of denial of your application? (usually, if people apply for AOS and don't qualify, they are being placed in proceedings, where you must show up before Judge and "show cause" why you shouldn't be removed from US).

          Unless you answer these questions it is hard to give you proper answers.

          Good luck

          Comment


          • #6
            The crime i was convicted for was using a stolen credit card & receiving stolen property due to the credit card, wich i did not steal but the people i was with got caught and in ended up part of it. I was never Jailed, never booked, handcuffed, just showed up to court and pay a fine and did some community service, this was done back on Feb 1998, due to lesson in life i have never been in trouble with the law since then. The Specific reason for denial was that the waiver did not convince INS of "extreme hardship" if i was to be deported and leave my wife and 2 daughters behind.The Waiver was the I-601. Now the letter states I have 30 days to file an appeal and according to some lawyers and people i talked to, i can resubmit the i-485 again. I'm not in deportation proceedings yet.

            Comment


            • #7
              "The crime i was convicted for was using a stolen credit card & receiving stolen property due to the credit card, wich i did not steal"

              Is it a logic barrier or a language barrier with these people ? He used a crdit card to steal yet he thinks he is a Saint because he didn't steal the card itself. It's like a murderer saying he is innocent because the bullet killed the victim and not him. And he hasn't been deported. Amazing.

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              • #8
                I understand your point Michael, but at the same time i basically did not use the credit card, just my dumb self accepted the merchandise (or the stolen property).

                Comment


                • #9
                  I would appeal it. You can present the case to the judge and explain the circumstances. Seemed like you got mixed up with the wrong friends. Lessons learned in life.

                  Comment


                  • #10
                    Looks like you have got complicated case there.

                    As far as I know, if you are convicted of Serious Crime, then you have almost NO CHANCES to overcome the Deportation.
                    The waiver they have these days for non-immigrants is not "Extreme" but "Extremely UNUSUAL" hardship that deportation would cause to USC spouse or child.
                    "Extremely UNUSUAL hardship" is very high standard, and if you ever read court opinions you know what that means.**

                    My advice to you: if you have $350 and are not greedy, go to www.shusterman.com, get their phone number, then call them and make an appointment with Attorney Shusterman or one of his associates and tell them your story.
                    He is an expert in this field and he may answer your questions better than any of us here could.

                    You can talk to him over the phone if you can't reach him in person.



                    ______________________________________________

                    * "Serious Crime" is defined by State Law where you are convicted. If Crime is punishable by 1 year or more in prison, you comitted a serious crime, even if you didn't serve 15 minutes in Jail)

                    ** My understanding is that you are deportable under Section 238,and certain clauses of Section 237 , unlike others who have comitted only Civil Violations of Immigration Laws, like overstaying a visa, working wothout EAD or even crossing the border illegally[EWI]

                    Comment


                    • #11
                      NM, just saw the link below your post

                      Comment


                      • #12
                        I may be wrong, but once the I-601 waiver is denied, don't they give you 90 days to appeal the decision?

                        If I am right, and the waiver was denied more than 3 months ago, I think your only option is to re-file.

                        www.immigrate2us.net

                        Comment


                        • #13
                          I'm sorry, but I just don't understand how people can come to this country and commit crimes, then whine about having to leave.
                          Sweet Madame Belu

                          Comment


                          • #14
                            I'm sorry as well, but if i was to go back to fight for those charges again i'm verry confident my charges will be dropped, the crimes i'm being charge for, do not describe the type of person i'm. Anyways the way this charges stand they are both misdemeanors but also the only mistake i comitted was taken stolen property, but at the same time they also charge with forgery of signature wich i did not commit. Also the INA states if you commit one crime will be consideres a petty offense and you are admissible to the US, but if you have Multiple Convictions you are deportable. I'm in the process of clearing my criminal record and maybe during the appeal or the refile whichever my lawyer decide to do i will have one of those charges dismissed.

                            Comment


                            • #15
                              Jo from what I have seen of you, I have a great deal of respect for you... but the reality is that unless you have walked in someone else's shoes it is often difficult to understand what has happened in their lives and it is easy to make false judgements about them.

                              My husband made his mistakes and overstayed a visa, I have made my mistakes and drove well over the speed limit. My brother made his mistakes and built a pipe bomb at 16 so he could throw it in a lake... All of us paid for our mistakes in various ways. But in reality, sometimes people do stupid things, but not with a criminal intention. And these people often deserve a second chance at life...Therefore, except in the most obvious of criminal or morally wrong circumstances, I think we should attempt not to judge those whose shoes we have not walked in, only to help them.

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