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DV 2016 Administrative Processing Cases

got a refusal worksheet. Refused under Section 212(a)(2)(A)(I)(I) - also states I am eligible to apply for waiver (I-601 I am guessing)
According to section 212(a)(2)(A)(I)(I) I am inadmissible in the states however for the last 10 years I go there minimum 5 times per year.
212(a)(2)(A)(I)(I) means conviction in the past and I never was. Did something minor for which was conditionally discharged and was ordered to pay $10 to salvation army. Never convicted.
Issue was brought up on the boarder once - they looked at my papers - filed it in their computers and I never had issue entering US. The officer interviewing was laughing after seeing $10 Salvation Army thing and said your visa should be ready in 2 days. Why would they wait 5 months to ask me to apply for waiver. Waiver is additional $600 - does anyone know how long I-601 takes and if it makes sense to do it at this point?
 
I also have a warning stating that I have to take action within one year of refusal or my application will be cancelled. But I any have till end of September to leave? - strange
 
Wow, bblo, I'm really sorry to hear that. It sounds like someone got pretty strict on criminal records but the time taken to process the case does imply that they have internal legal people looking at this to ensure the decision is correct. As you have seen, what the CO thinks is ok is not always approved after the fact - I have heard of similar before. The 'one year' thing is standard for waivers, you are correct that you need your visa issued by end of September. No idea how long a waiver takes, at this point your best bet may be to contact an immigration attorney to see what they recommend/if they think you can get the waiver in time.
 
bblo said:
got a refusal worksheet. Refused under Section 212(a)(2)(A)(I)(I) - also states I am eligible to apply for waiver (I-601 I am guessing)
According to section 212(a)(2)(A)(I)(I) I am inadmissible in the states however for the last 10 years I go there minimum 5 times per year.
212(a)(2)(A)(I)(I) means conviction in the past and I never was. Did something minor for which was conditionally discharged and was ordered to pay $10 to salvation army. Never convicted.
Issue was brought up on the boarder once - they looked at my papers - filed it in their computers and I never had issue entering US. The officer interviewing was laughing after seeing $10 Salvation Army thing and said your visa should be ready in 2 days. Why would they wait 5 months to ask me to apply for waiver. Waiver is additional $600 - does anyone know how long I-601 takes and if it makes sense to do it at this point?
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OK a few things.

First a conditional discharge is a conviction. You were charged with a crime and found to be guilty. You don't mention what it was, but criminal convictions don't "normally" cause a problem except for CIMT. However, I would doubt a CIMT would involve such a minor fine. And Salvation Army - what the heck????

About the fact that you have been admitted, being admitted for a visit is different to immigration.

You only have until September 30. They always say 1 year - but that is standard immigration timing that does not apply in your case. As to whether it is worth going for a waiver, well I am somewhat doubtful that this is the whole story. I don't really understand why a refusal has happened over a minor crime. So - it's tough to say go for the waiver, and I don't know how quick the waiver could be obtained. If you have no problem with the $600 it may be worth it.

Oh, one other thing - did you declare the conviction on the original DS260? I assume it was also on the police report.
 
Britsimon said:
OK a few things.



Oh, one other thing - did you declare the conviction on the original DS260? I assume it was also on the police report.
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Yes I declared everything and explained everything on DS-260 and while being interviewed during which the CO was giggling about Salvation Army . There was nothing on my Police Record because conditional discharges were automatically wiped here in Canada in mid 90ties so I did not even have to apply for pardon nor had such option because my record was cleared already. As to the "crime" was charged with "attempt to fraud under $1000"

Would anyone know if I file with the same consulate where I was interviewed or elsewhere. I do not mind applying and spending $600 even if I miss September deadline but on the other hand if I get denied it may even complicate my visits to US as a visitor?
 
bblo said:
Yes I declared everything and explained everything on DS-260 and while being interviewed during which the CO was giggling about Salvation Army . There was nothing on my Police Record because conditional discharges were automatically wiped here in Canada in mid 90ties so I did not even have to apply for pardon nor had such option because my record was cleared already. As to the "crime" was charged with "attempt to fraud under $1000"

Would anyone know if I file with the same consulate where I was interviewed or elsewhere. I do not mind applying and spending $600 even if I miss September deadline but on the other hand if I get denied it may even complicate my visits to US as a visitor?
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OK so fraud is considered a CIMT - so that explains the refusal. However, if it was trivial I would have thought a waiver was likely to succeed - it is only a question whether such a waiver could be obtained in time.


bblo said:
Conditional discharge is not a conviction however it evidence of guilt
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It means guilt has been decided. It is a form of probation, based on an agreement to do something (like pay a fine). Failure to satisfy the terms, means it automatically becomes a conviction. It should be fully declared during things like immigration because an arrest was made AND guilt was proved (or admitted).
 
bblo said:
got a refusal worksheet. Refused under Section 212(a)(2)(A)(I)(I) - also states I am eligible to apply for waiver (I-601 I am guessing)
According to section 212(a)(2)(A)(I)(I) I am inadmissible in the states however for the last 10 years I go there minimum 5 times per year.
212(a)(2)(A)(I)(I) means conviction in the past and I never was. Did something minor for which was conditionally discharged and was ordered to pay $10 to salvation army. Never convicted.
Issue was brought up on the boarder once - they looked at my papers - filed it in their computers and I never had issue entering US. The officer interviewing was laughing after seeing $10 Salvation Army thing and said your visa should be ready in 2 days. Why would they wait 5 months to ask me to apply for waiver. Waiver is additional $600 - does anyone know how long I-601 takes and if it makes sense to do it at this point?
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Sorry to read of your denial. Looks like the offense has been classified as a CMT. INA 212(a)(2)(A)(I)(I) states:

(a) Classes of Aliens Ineligible for Visas or Admission.-Except as otherwise provided in this Act, aliens who are inadmissible under the following paragraphs are ineligible to receive visas and ineligible to be admitted to the United States:
(A) Conviction of certain crimes.-

(i) In general.-Except as provided in clause (ii), any alien convicted of, or who admits having committed, or who admits committing acts which constitute the essential elements of-

(I) a crime involving moral turpitude (other than a purely political offense) or an attempt or conspiracy to commit such a crime, or

(II) a violation of (or a conspiracy or attempt to violate) any law or regulation of a State, the United States, or a foreign country relating to a controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)), is inadmissible.

I assume your previous visits to the US was on a visa waiver, which means you weren't subjected to a background check which could have revealed your inadmissibility.
 
Sm1smom said:
Sorry to read of your denial. Looks like the offense has been classified as a CMT. INA 212(a)(2)(A)(I)(I) states:

(a) Classes of Aliens Ineligible for Visas or Admission.-Except as otherwise provided in this Act, aliens who are inadmissible under the following paragraphs are ineligible to receive visas and ineligible to be admitted to the United States:
(A) Conviction of certain crimes.-

(i) In general.-Except as provided in clause (ii), any alien convicted of, or who admits having committed, or who admits committing acts which constitute the essential elements of-

(I) a crime involving moral turpitude (other than a purely political offense) or an attempt or conspiracy to commit such a crime, or

(II) a violation of (or a conspiracy or attempt to violate) any law or regulation of a State, the United States, or a foreign country relating to a controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)), is inadmissible.

I assume your previous visits to the US was on a visa waiver, which means you weren't subjected to a background check which could have revealed your inadmissibility.
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My previous (and ongoing visits to US - was there 2 weeks ago) did not require any waiver. Was questioned once entering US in the past, but had my court docs with me (Salvation Army $10 and all that) - yes officer fingerprinted me while making fun of Salvation Army and I was let in. They said they will have my court docs scanned to their computers and that I will have no issues entering US. Go figure
 
bblo said:
My previous (and ongoing visits to US - was there 2 weeks ago) did not require any waiver. Was questioned once entering US in the past, but had my court docs with me (Salvation Army $10 and all that) - yes officer fingerprinted me while making fun of Salvation Army and I was let in. They said they will have my court docs scanned to their computers and that I will have no issues entering US. Go figure
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As Simon said, a tourist visit is not the same as immigrating. All my tourist visits to the US were on a visa, the checks were nowhere near as extensive as for the DV.
 
I am tempted to apply even though I will not make it in time but who knows perhaps I will get lucky again and win lottery in the future.
The only thing holding me back is if some goofball will deny me and it will complicate my "normal" US travels which I conduct on regular basis. I guess I need to consult a lawyer.
 
bblo said:
Yes I declared everything and explained everything on DS-260 and while being interviewed during which the CO was giggling about Salvation Army . There was nothing on my Police Record because conditional discharges were automatically wiped here in Canada in mid 90ties so I did not even have to apply for pardon nor had such option because my record was cleared already. As to the "crime" was charged with "attempt to fraud under $1000"

Would anyone know if I file with the same consulate where I was interviewed or elsewhere. I do not mind applying and spending $600 even if I miss September deadline but on the other hand if I get denied it may even complicate my visits to US as a visitor?
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It doesn't seem to me like you qualify for any of the waivers available to someone who has been found inadmissible. However, you can take a look at the list of available waivers from the following link yourself (as I could be wrong):

https://travel.state.gov/content/visas/en/general/ineligibilities.html
 
SusieQQQ said:
As Simon said, a tourist visit is not the same as immigrating. All my tourist visits to the US were on a visa, the checks were nowhere near as extensive as for the DV.
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I understand - as a Canadian citizen I do not require visa to go to US
 
bblo said:
My previous (and ongoing visits to US - was there 2 weeks ago) did not require any waiver. Was questioned once entering US in the past, but had my court docs with me (Salvation Army $10 and all that) - yes officer fingerprinted me while making fun of Salvation Army and I was let in. They said they will have my court docs scanned to their computers and that I will have no issues entering US. Go figure
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Did you apply for a NIV for your previous visits? You didn't require a visa as a Canadian, so that's the visa waiver I was alluding to.
 
bblo said:
I understand - as a Canadian citizen I do not require visa to go to US
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Exactly, you had a visa waiver. So you've not been subjected to a background check that could have revealed this to the US immigration and could have prevented your admission.
 
bblo said:
they gave me instructions where it states form I-601 is the one I would need to submit
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I believe the instruction they gave you is a generic one, it doesn't necessarily mean your case qualifies for a waiver with the stated form. According to USCIS categories of people who may use an I-601 to file a waiver is as follows:

"If you are an applicant for an immigrant, K, or V nonimmigrant visa (and you are outside the United States, have had a visa interview with a consular officer, and during the interview, you were found inadmissible), or you are an applicant for adjustment of status to lawful permanent residence (excluding adjustment categories listed below), you may file this application to obtain relief from the following grounds"

https://www.uscis.gov/sites/default/files/files/form/i-601instr.pdf
 
Sm1smom said:
I believe the instruction they gave you is a generic one, it doesn't necessarily mean your case qualifies for a waiver with the stated form. According to USCIS categories of people who may use an I-601 to file a waiver is as follows:

"If you are an applicant for an immigrant, K, or V nonimmigrant visa (and you are outside the United States, have had a visa interview with a consular officer, and during the interview, you were found inadmissible), or you are an applicant for adjustment of status to lawful permanent residence (excluding adjustment categories listed below), you may file this application to obtain relief from the following grounds"

https://www.uscis.gov/sites/default/files/files/form/i-601instr.pdf
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ok got it. went briefly over the link with I-601 instruction and do believe this is the one I need to file. in general it states that CIMT should not apply however one of the exceptions (if was not imprisoned for 6 months or more) qualifies me I believe. Also my refusal form states 'you are eligible to apply for waiver..."
 
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