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Ely
Ely, Lawyer
Category: US Law
Satisfied Customers: 103584
Experience:  Counselor at Law. Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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denial of f4 visa because of convicted upon indictment and

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denial of f4 visa because of convicted upon indictment and was sentenced on 7 july1989 to 9 months imprisonment suspended for 2 year to pay £240 prosecution cost at the rate of £12 per week commencing 14 july 1989
Hello and welcome to Just Answer.

My name is XXXXX XXXXX I'm happy to help with your question today.

What would you like to know about this?
Customer: replied 5 years ago.

is there any way i can re apply for visa because i have been declined for one for the us and my son, daughter and wife have been granted theirs

What reason was given for the refusal for you and your son?
Customer: replied 5 years ago.

I think I've caused a confusion here. My wife, daughter and son have been granted their visas, but my visa was rejected.


In 1989, I was convicted upon indictment of Theft, and I was sentenced on 7 July 1989 to 9 months imprisonment suspended for 2 years, and was asked to pay a fine of £240 on 14 July 1989 in the Crown Court at Acton.


When I went to the US Embassy in London for the visa on the 24 July 2013, I was denied my visa under the section of 212(a)(A)(i)(I).


 

OK.

So are you applying for a visa to the US?

If so I will have to refer you elsewhere as you've posted your question in the UK Law section.
Customer: replied 5 years ago.

yes it is for usa green card


 

OK. I'm a London based solicitor dealing with UK Law. I will refer you to a US lawyer. This may take a little while. Please bear with us.
Customer: replied 5 years ago.

fine thanks


 

Thanks.
Customer: replied 5 years ago.

I'm hoping that there will be no extra charges

Hello,

There is no extra charge, we just needed to place your question in the correct category so that it can be answered accurately.

Thank you for your patience,
Nicola
Customer: replied 5 years ago.

Okay, thank you.

Customer: replied 5 years ago.

Hi Nicola,


 


Do you need me to explain the situation again or you have the previous information I provided to the UK lawyer?

Hello,

Everything is on this page, I think? If our US lawyers need more information they will ask you.

Thank you,
Nicola
Customer: replied 5 years ago.

Yes everything is on this page.


Thank you

Hello friend,

My name is Ely. I am a US-based expert. Because you have a conviction on your record which makes you ineligible for a greencard under 212(a)(A)(i)(I), what someone in your situation wants to do is to file an I-601 waiver request along with your greencard application (or before). The I-601 application is a waiver request for inadmissibility. You can find it here.

If granted, then your greencard application will also be processed. The I-601 is granted at the discretion of USCIS (the US immigration authority), and, on a case by case basis. There are no public statistics for percent of approved requests - it really is at their discretion. Unfortunately, I am afraid that this may be the only option you have available.

Best of luck.

Please note: I aim to give you genuine information and not necessarily to tell you only what you wish to hear. Please, rate me on the quality of my information and do not punish me for my honesty. I understand that hearing things less than optimal is not easy, and I empathize.

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Customer: replied 5 years ago.

Thank you so much for your help. Just wanted to ask, looking into the instructions to fill out the form it says I have to pay from a US Bank in US currency. What about the form though? Do I apply from here or does my sponsor need to fill out the form from US?

Hello,

Thank you so much for your help.

You are very welcome.

Just wanted to ask, looking into the instructions to fill out the form it says I have to pay from a US Bank in US currency. What about the form though? Do I apply from here or does my sponsor need to fill out the form from US?

The I-601 should be filled by you, but must be sent into USCIS (from either outside or inside US, it does not matter), with a payment (which may be a money order, etc, provided that it is cash-able in the USA). For actual filing address and instructions, please see under Where to File in the link.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE and submit your rating when we are finished.
Customer: replied 5 years ago.

I looked into the Where to File section and the address is in the US.


Shouldn't I be sending form to the US Embassy in London as I was rejected my visa from there?

Hello,

No, you should not be. The US Consulate is simply an extension of USCIS at this point.

Notice at the link:

I am ... seeking an immigrant visa or a nonimmigrant K or V visa and I have been found inadmissible by a consular officer after my visa interview....

USCIS Phoenix Lockbox

For U.S. Postal Service:

USCIS
P.O. Box 21600
Phoenix, AZ 85036

For Express Mail and Courier Deliveries:

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


The application is sent to that address. In regards XXXXX XXXXX application, one would deal straight with USCIS. In regards XXXXX XXXXX F4 visa, one deals with the US Consulate. The US Consulate is in touch with USCIS and would be well aware if USCIS grants the waiver.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE and submit your rating when we are finished.
Customer: replied 5 years ago.

Thank you very much.


 


As I have not been granted a visa, am I still allowed to enter US on a holiday basis?

Friend,

Thank you very much.

No worries at all.

As I have not been granted a visa, am I still allowed to enter US on a holiday basis?

I am afraid not. If you are ineligible under 212(a), you are ineligible for any visa. To get a waiver for a temporary visa (B2 for 6 months, or a Visa Waiver Program for 90 days or less), one would need to file a waiver first. The I-601 is a waiver for permanent visas. For temporary visas such as for holidays, a waiver exists as well - the I-192 - Application for Advance Permission to Enter as Nonimmigrant. It can be found here.

This needs to be approved prior to any temporary visa being approved.

Gentle Reminder: Again, surely you prefer that I be honest in my answer – please remember that rating negatively due to receiving bad news still hurts the expert – it is simply the way that the system is set up. Please use REPLY button to keep chatting, or RATE my answer when we are finished. (You may always ask follow ups free after rating.)
Ely, Lawyer
Category: US Law
Satisfied Customers: 103584
Experience: Counselor at Law. Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Ely and 3 other US Law Specialists are ready to help you
Hello,

Just a quick reminder, there is an unrated answer waiting for you here from the Professional.

If the Expert was helpful, rating their answer as satisfactory transfers your deposit to them – this is how the Expert is compensated.

To rate your answer, you can go to your question page, and click one of the five faces below your Expert's answer. Please be sure you are logged in with your username and password XXXXX you will not be able to view or rate your answer.

If you still need help with your question, please feel free to reply to the Expert on this question page. You may ask as many follow-up questions on the same question page as you need until you are satisfied.

Thank you,
Nicola