wantmygcnow said:
Tbarry. You are creating problems for yourself by sending the I-602 without USCIs asking for it.
You need to send your application and then send it if required. IF THEY DONT ASK, THEN YOU SHOULD NOT.
You do not know if you are inadmissable or not. Even if you think you are, you do not know the actual number that makes you inelgible, i.e, 245(a)(6)(c) etc...
If you put yourself the reason you are ineligible and if its wrong. you are making a huge problem for yourself.
Your private messagess are disabled so I could not respond to your Private message.
Thank you for your response.
Yes!, I was arrested 6 years ago for patronizing prostitution [ 212 (a) (2) (D)(ii)]and I have been doing some research on the web, I found the quote below. That's why I want to send the I-602 & I-485 concurently.
) Prostitution and commercialized vice.-Any alien who- Sec. 212(a)(2)(D).
(i) is coming to the United States solely, principally, or incidentally to engage in prostitution, or has engaged in prostitution within 10 years of the date of application for a visa, admission, or adjustment of status,
(ii) directly or indirectly procures or attempts to procure, or (within 10 years of the date of application for a visa, admission, or adjustment of status) procured or attempted to procure or to import, prostitutes or persons for the purpose of prostitution, or receives or (within such 10- year period) received, in whole or in part, the proceeds of prostitution, or
(iii) is coming to the United States to engage in any other unlawful commercialized vice, whether or not related to prostitution, is inadmissible.
Criminal and related grounds.-
(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.
(ii) Exception.-Clause (i)(I) shall not apply to an alien who committed only one crime if-
(I) the crime was committed when the alien was under 18 years of age, and the crime was committed (and the alien released from any confinement to a prison or correctional institution imposed for the crime) more than 5 years before the date of application for a visa or other documentation and the date of application for admission to the United States, or
(II) the maximum penalty possible for the crime of which the alien was convicted (or which the alien admits having committed or of which the acts that the alien admits having committed constituted the essential elements) did not exceed imprisonment for one year and, if the alien was convicted of such crime, the alien was not sentenced to a term of imprisonment in excess of 6 months (regardless of the extent to which the sentence was ultimately executed).
Chapter 41.6 Waivers of inadmissibility for refugees and asylees.
(a) Legal Authority. (Revised 10-31-2005; AFM AD05-33) Under section 209(c) of the Act, the inadmissibility grounds set out in sections 212(a)(4) (public charge), 212(a)(5) (labor certification), and 212(a)(7)(A) (immigrant documentation requirements) of the Act do not apply to asylee and refugee adjustment applicants.
Section 209(c) of the Act prohibits the Secretary from waiving the following grounds of inadmissibility:
• Section 212(a)(2)(C) of the Act relating to drug trafficking;
• Section 212(a)(3)(A) of the Act relating to security grounds;
• Section 212(a)(3)(B) of the Act relating to terrorist activities;
• Section 212(a)(3)(C) of the Act relating to foreign policy considerations;and
• Section 212(a)(3)(E) of the Act relating to Nazi persecution and genocide.
The Secretary may waive any other ground of inadmissibility under section 212(a) of the Act for humanitarian purposes, to assure family unity, or when it is otherwise in the public interest.
(b) Adjudication of Waiver. An asylee or refugee may submit a Form I-602, Application By Refugee For Waiver of Grounds of Excludability, concurrently with the submission of the Form I-485, Application to Register Permanent Residence or Adjust Status. The grant of asylee or refugee status does not automatically waive any ground of inadmissibility. Each waiver request or application must be evaluated and adjudicated on a case-by-case basis. The grant and other information available to the adjudicator may provide a sufficient basis for determining that a waiver is warranted on humanitarian, family unity, or other public interest grounds.
In adjudicating a discretionary waiver application under 209(c) of the Act, the humanitarian, family unity, or public interest considerations must be balanced against the seriousness of the offense that rendered the alien inadmissible. In making this determination, the adjudicator should recognize that the alien has established past or a well-founded fear of future persecution, which is an extremely strong positive discretionary factor. Therefore, unless there are negative factors that outweigh the positive ones, the adjudicator should generally approve the waiver application.
If an alien is inadmissible under section 212(a)(2) of the Act because he or she committed a violent or dangerous crime, the adjudicator should not grant a waiver under section 209(c) of the Act except in extraordinary circumstances, such as those involving national security or foreign policy considerations, or cases in which an alien clearly demonstrates that denying adjustment of status would result in exceptional and extremely unusual hardship. Depending on the gravity of the alien’s underlying criminal offense, such a showing of exceptional and extremely unusual hardship might still be insufficient. See Matter of Jean, 23 I&N Dec. 373 (A.G. 2002).
Neither section 209 of the Act nor 8 CFR 209 requires submission of Form I-602 in all cases where an alien is found inadmissible under a ground that may be waived. Paragraph (b)(1) below specifies when USCIS may grant a waiver without requiring the applicant to file Form I-602. Paragraph (b)(2) below specifies how to process a case when a Form I-602 is required.
(1) When Form I-602 is Not Required. In certain instances, USCIS has determined that submission of Form I-602 is not required. When an adjudicator determines that a refugee or asylee requires a waiver prior to adjustment of status, the adjudicator may grant the waiver without requiring submission of Form I-602 if:
· The applicant is inadmissible under a ground of inadmissibility that may be waived other than section 212(a)(1) of the Act [health related grounds];
· USCIS records and other information available to the adjudicator contain sufficient information to assess eligibility for a waiver; and
· There is no evidence to suggest that negative factors would adversely impact the exercise of discretion.
If these requirements are met, it is in the public interest to grant the waiver without requiring submission of Form I-602. In addition, it is in the public interest to decrease the burden on both the applicant and USCIS with respect to processing paperwork that is already available to the adjudicator.
The adjudicator should indicate that the waiver has been granted by annotating and initialing the “Remarks” section of the Form I-485 that the inadmissibility violation has been waived. For example, if the adjudicator grants a waiver of section 212(a)(6)(A)(i) (present without admission or parole) or section 212(a)(9)(B) (unlawfully present) of the Act, then the adjudicator should annotate and initial in the “Remarks” section: “212(a)(6)(A)(i) violation waived” or “212(a)(9)(B) violation waived.”
(2) When Form I-602 is Required. If the ground of inadmissibility may be waived but the requirements noted in (b)(1) are not satisfied, the adjudicator should require the refugee-based or asylum-based adjustment applicant to submit Form I-602 if the applicant has not already done so.
Example: If it is determined that a refugee adjustment applicant is inadmissible under section 212(a)(6)(C) of the Act because he or she entered the U.S. under a false identity, this could be considered a negative factor that adversely impacts the exercise of discretion. In this situation, an adjudicator must require the refugee-based adjustment applicant to file a Form I-602 with an explanation, and supporting documentation if available, demonstrating that the alien is eligible for and should be granted a waiver under section 209(c) as a matter of discretion.
(A) Approval of Form I-602. If the waiver is approved under section 209(c) of the Act for a refugee or asylee applying for adjustment of status under section 209 of the Act, the adjudicator should place the waiver notation on Form I-181 [Memorandum of Creation of Record of Lawful Permanent Residence]. In addition, the adjudicator should place the waiver notation on Form I-602 and retain it in the A-file.
Since the approval of the adjustment application will indicate the approval of the waiver application, there is no need for a separate approval notice. The adjudicator should simply stamp the Form I-602 approved, check the block labeled “Waiver of Grounds of Inadmissibility is Granted,” and make the appropriate endorsements in the space labeled “Basis For Favorable Action.”
(B) Denial of Form I-602. If the alien submits on his or her own initiative a Form I-602 application seeking waiver of inadmissibility of section 212(a)(2)(C), 212(a)(3)(A), 212(a)(3)(B), 212(a)(3)(C) or 212(a)(3)(E) of the Act, or if there are sufficient negative factors to warrant denial of a Form I-602 application for waiver of a ground of inadmissibility that may be waived, the adjudicator should check the block labeled “Waiver of Grounds of Inadmissibility is Denied,” and write “See Form I-291" in the space labeled “Reasons.” The denial of the waiver should be fully discussed in the denial of the adjustment application. While there is no appeal from the denial of a Form I-602 waiver application, the immigration judge may consider the waiver application if the adjustment application is renewed during removal proceedings
n uscis web,you're gonna find I-602 listed as document when filling I-485 as a refugee or asylee.