World Journal Weekly Q & A - October 14, 2012

Q & A 1


Q&A 1.

Reader Asks Whether She Can Do a Waiver Application of Her Husband's Crime by Herself or If She Must Hire an Attorney.

Jin reader asks:

My F4 immigrant visa was received in 4/2012 and arrived to the U.S. in 7/2012.  My husband’s visa was denied due to his past crime stated on his police report.  However, the examiner believed his crime did not reach to the level of damage public safety.  In the refusal sheet, the Section 212(a)(2)(a)(i) was marked as the reason.  The examiner said once I was in the U.S., I should go to Department of Homeland Security for procedures.  He said it would take several months and then my husband would be allowed to come to U.S.  My question is how to apply for this procedure?  Can I do it myself or must I hire an attorney?  The refusal sheet dated 4/20/2012 said I must act within one year of this denial.  Please tell me the address of the Department of Homeland Security.

Dear reader:

Under section 212(a)(2)(A)(i), your husband was most likely refused for having a conviction or admitting the commission of acts constituting the essential elements of a crime involving moral turpitude or an attempt or conspiracy to commit such a crime.  For him to immigrate, U.S.C.I.S. would have to grant him a waiver of the crime.  Waivers are either applied for under 1.) the criteria of persons who committed crimes more than 15 years before the date of the application for the immigrant visa where the admission would not be contrary to the national welfare, safety, or security of the country, and the person is rehabilitated; or 2.)  where a person has a qualifying relative (spouse, parent, son or daughter of a U.S. citizen or permanent resident) and it would cause extreme hardship to the qualifying relative if the person was denied admission.  It would appear that you are attempting to qualify under the second avenue as a qualifying relative.  I suggest that you find an attorney familiar with I-601 waiver applications as these are not among the easy applications of U.S.C.I.S.  As of April 2012, all I-601 applications from denied overseas cases are to be submitted to the U.S.C.I.S. lockbox facility in Phoenix, Ariz. The address is below:

U.S. Postal Service

USCIS
P.O.Box 21600
Phoenix, AZ.  85036

Express mail or courier deliveries

USCIS
601/212 Foreign Filers
1820 E. Skyharbor Circle S,
Suite 100
Phoenix, AZ.  85034

 

Copyright © 2003-2012 Alan Lee, Esq.
The information provided here is of a general nature and may not apply to any particular set of facts or circumstances. It should not be construed as legal advice and does not constitute an engagement of the Law Office of Alan Lee or establish an attorney-client relationship.