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  • #16
    I won my non-immigrant waiver without the assistance of an attorney. You can do it yourself, if you are willing to put in the time & effort to learn the relevant caselaw and write the waiver

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    • #17
      Inadmissible in 212(d)(3) of USCIS, I could not find where they say that can waive the 212(a)(6)(C)(ii) inadmissibility due to fraud related to I-9 where one claims to be a citizenship. Can you point me to it please?

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      • #18
        Originally posted by kramvi View Post
        Inadmissible in 212(d)(3) of USCIS, I could not find where they say that can waive the 212(a)(6)(C)(ii) inadmissibility due to fraud related to I-9 where one claims to be a citizenship. Can you point me to it please?
        Sure https://www.uscis.gov/ilink/docView/...tml#0-0-0-2731
        The statute speaks in the negative, describing the inadmissibilities that can not be waived. All other inadmissibilities can be waived

        Except as provided in this subsection, an alien (i) who is applying for a nonimmigrant visa and is known or believed by the consular officer to be ineligible for such visa under subsection (a) (other than paragraphs (3)(A)(i)(I), (3)(A)(ii), (3)(A)(iii), (3)(C), and clauses (i) and (ii) of paragraph (3)(E) of such subsection), may, after approval by the Attorney General of a recommendation by the Secretary of State or by the consular officer that the alien be admitted temporarily despite his inadmissibility, be granted such a visa and may be admitted into the United States temporarily as a nonimmigrant in the discretion of the Attorney General, or (ii) who is inadmissible under subsection (a) (other than paragraphs (3)(A)(i)(I), (3)(A)(ii), (3)(A)(iii), (3)(C), and clauses (i) and (ii) of paragraph (3)(E) of such subsection), but who is in possession of appropriate documents or is granted a waiver thereof and is seeking admission, may be admitted into the United States temporarily as a nonimmigrant in the discretion of the Attorney General. The Attorney General shall prescribe conditions, including exaction of such bonds as may be necessary, to control and regulate the admission and return of inadmissible aliens applying for temporary admission under this paragraph.

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        • #19
          I am currently in the country where I had my original passport from. Although the wait time here for an interview is less than Australia, I think it might be better to wait to return to Australia and apply from there. My thinking is that even though the application is sent to the cbp in US, the interviewing officer would have a lot of effect. And therefore an officer from a Visa Free Country might find me more credible than from here. Or is it the other way around? Not sure.

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          • #20
            Visa denial is not prejudicial (unless you commit misrepresentation), so in general my advice would be to apply at the consulate closest to you now, and if you're denied you can then apply again at the consulate in a VWP country

            However, waivers take quite a while to adjudicate - perhaps between 6 and 9 months - and it might actually be less convenient to you to return to this nearby consulate to pick up your visa (if approved). So, take it to account your travel plans and intended living arrangements
            Last edited by inadmissible; 12-12-2017, 01:47 PM.

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            • #21
              I am wondering if it is a good idea to bring the I 92 form filled out at the interview to save time. Or will it be too presumptuous.

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              • #22
                Originally posted by kramvi View Post
                I am wondering if it is a good idea to bring the I 92 form filled out at the interview to save time. Or will it be too presumptuous.

                Anyone having an insight on this?

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                • #23
                  I think it is worth preparing a draft waiver application, but your final waiver application should reflect the detailed analysis of your inadmissibility made by the consular officer

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                  • #24
                    Inadmissible thanks for the advice and after reading the other posts that you have advised on, I am thinking there is a little more information that I should reveal before applying for the tourist visa.

                    After leaving the US voluntarily after overstaying my visa, I soon moved to Australia as a student. My American girlfriend and I decided that we were going to get married, so we applied for a K1 visa. I went for the interview, but I was told that I would have to overcome two waivers which were for overstaying and lying respectively. We were in the process of applying for the waivers but soon both decided that we were not ready for marriage. We advised the embassy that we wanted to withdraw the application. We still kept seeing each other after every 18 months or something. She has been to Australia 4 times in total to see me as I wasn’t eligible to go to the US.

                    Recently after getting my Australian passport, we decided to meet in Canada as it was closer to her this time. I had no problem getting an ETA for Canada. I decided to drive through the US Canadian border and try my luck since the 10 years were over and I had a new passport. But as I mentioned in the above post, I was not let in because I still had the offence of lying on my record. So she drove to Canada and we spent some there together. So in total we have seen each other 5 times altogether during the past 10 years.

                    Now if I apply for a tourist visa, one of the purposes of the visit would be to see her too. But I have another medical issue that I want to get taken care of and visit other people too.

                    I was wondering….when I apply for the tourist visa….and they dig into the past and ask me if I still have relations with this woman, I cannot lie so I will tell the truth which is that we still see each other for emotional support but neither of us wants to be in a committed relationship. If we ever decide we want to go that way, we will do it the proper way…i.e…I will leave the country and we apply for the K visa out of the US. But it is unlikely that we would want to go that way. We have been talking of her coming to Australia instead and living with me as a partner (not spouse). I have a running business here.

                    Taking into account the information I provided, is it better that I mention her or not? Should I just mention her as one of the reasons of visiting there? Don’t get me wrong, I do not want to lie or misrepresent either way but I am not sure what to state down as the main reason of visit. If we had wanted to get married, we would have continued with the K visa but we decided to not go ahead. What do you think? Would mentioning her raise red flags?
                    Last edited by kramvi; 12-18-2017, 04:31 PM.

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                    • #25
                      That does make it more difficult for you to overcome the presumption of immigrant intent. That said, the only line of questioning that will reveal that information is when the consular officer asks you (or references your answer on DS-160) where you plan to stay in the United States

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                      • #26
                        Yes I agree it is more difficult for me to overcome the presumption of immigrant intent even though it is all true. By the way I will not be staying at her place. So I won't be mentioning this in the DS160. But I am sure that when they pull my records, my previous K visa is definitely going to come up and I will be asked about why we decided not to go ahead with it. Not sure how I can tell the truth and still be credible. I can easily say that I don't have any relations with her any more but that would be lying and I don't want to do that any more.

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                        • #27
                          I am wondering if it might be worth hiring a lawyer before applying for the waiver. Or would it better to apply myself first and then if rejected, to hire a lawyer.

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                          • #28
                            I won the non-immigrant waiver without the assistance of an attorney. But, I had a lot of time on my hands to work on it

                            If you apply and are denied, it is not prejudicial (just like with the visa issuance itself). But it takes month to approve or deny, and in the mean time you won't have access to the medical care in the United States you are seeking. So, it may make sense to hire an attorney because of your personal situation.

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                            • #29
                              Any recommendations?

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                              • #30
                                Originally posted by inadmissible View Post
                                I won the non-immigrant waiver without the assistance of an attorney. But, I had a lot of time on my hands to work on it

                                If you apply and are denied, it is not prejudicial (just like with the visa issuance itself). But it takes month to approve or deny, and in the mean time you won't have access to the medical care in the United States you are seeking. So, it may make sense to hire an attorney because of your personal situation.
                                Inadmissible wonder if you are still here on this forum. It's been a year since we had this discussion and I am now ready to apply. Not sure what you meant in this last reply since I am not in the US and will not be in the US unless approved for a visit so any medical benefits will be out of question.

                                And has anything in your knowledge changed regarding this waiver procedure or is it the same? Hope you are still here and I look forward to connecting with you.

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