QUESTION
K1 visa-221G refusal administrative processing
Asked on Jun 26th, 2024 on Labor and Employment - Maine
More details to this question:
Hello. My name is Olivia Malloch. My fiance, from Algeria and I completed the K1 visa application. He had his interview at the embassy in Algiers. He was refused for administrative processing due to a theft charge and conviction. However, this was from 15 years ago when he was about 20 years old. He has never been in any further trouble since that time. He is a very good person and comes from a good family. He made 1 mistake and has been paying for it ever since. The embassy interviewer noted that waivers are available but not recommended. She said she cannot approve his visa alone. Can his visa be approved in administrative processing without a waiver? Should I be submitting a waiver? Please we are devastated. I work as a drug and alcohol counselor and have never been in any legal trouble. Any help would be greatly appreciated. Thank you. Respectfully, Olivia Malloch
1 ANSWER
Did the officer tell him that your file would be in "pending status" until further documentation was provided? This could be a matter of producing those court records of conviction/ records of adjudication from 15 years ago. Oftentimes, a simple conviction of misdemeanor theft is excused and won't subject the immigrant to grounds of inadmissibility. However, if it is more than a simple case of misdemeanor larceny, then a waiver would be a way to salvage your case. The US Citizen spouse would have to show that she would suffer "extreme hardship" if your case was denied.
Answered on Jun 27th, 2024 at 3:36 AM