Sm1smom
Super Moderator
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..."
I'm sorry to keep bursting your bubbles, but I believe you're reading that paragraph in isolation. First the instruction clearly states who may use that form to apply for a visa waiver - K or V immigrant petitioner, of which you're none.
It further states (just so anyone with a K or V immigrant visa petition who has been found inadmissible doesn't think they automatically qualify to file the waiver) such a petitioner must:
With the application, you must establish one of the following:
- You are inadmissible only because of your participation in prostitution, including having procured others for prostitution or having received the proceeds of prostitution, but you have been rehabilitated and your admission to the United States will not be contrary to the national welfare, safety, or security;
- At least 15 years have passed since the activity or event that makes you inadmissible, you have been rehabilitated, and your admission to the United States will not be contrary to the national welfare, safety, or security;
- Your qualifying U.S. citizen, lawful permanent resident relative (spouse, son, daughter, parent), or K visa petitioner would experience extreme hardship if you were denied admission; or
- You are an approved VAWA self-petitioner.
But if you insist on filing the waiver, good luck to you. Although I suggest you google cases that filed such a waiver and see the approval rate.