Another Character Waiver/FBI Deportation charge

[nikcho]

Hi everyone. I am quite new to the forum and have already received my ITA. Here is my story in short which has produced a record on my FBI certificate "Charge 1 - Deportation Only"

I am a Bulgarian citizen, and was a student in the USA from 2000-2005. In 2003, at the age of 24, I went to fix the printers of the local branch of the Immigration Service without having a work authorization. I was detained and charged, but was released the same day on my promise to attend Immigration Court. For two years I attended hearings and finally the Court decided that the charges are valid and that I am "removable". However, since I had not had any offense during my whole presence in the USA (not even a traffic ticket), I was granted a relief from deportation, namely "voluntary departure" which allows me to keep my immigration record clean. I did not have to post a bond and left within the 120 days I was given.

In the mean time, I became a permanent resident of the USA through my mother, a native Bulgarian but now a US citizen. USA Immigration Service did not have any problem with the arrest (they were perfectly aware of it as they were the prosecuting authority in the case) and now I am in possession of a US green card. However, even though I have lived for 7 years in the USA and that I have a family there, purchased property, graduated, and worked, I believe that I will be happier living in NZ. I admitted the offense on my EOI and I received an ITA with a letter saying that a character waiver may be necessary and that the letter provides no guarantee of a successful application.

Having read that a visa will not be issued to anyone who is "deported from any country, including NZ" I can't help but hope that the relief of voluntary departure, no bond, no jail time, and a green card is enough evidence that I have been considered by the USA to be of "good character". Even though there is no excuse for me working without authorization, I have done this with the consent of my employers and taxes were withheld and I filed tax returns every year I was present there. Do you think a character waiver will be granted provided the above circumstances?

And yes, what was I thinking going to fix the printers of the Immigration Service on New Year's Eve?!

[JandM]

I expect you've seen the other thread recently about asking for a character waiver. All you can do is tell your story, grovel, and hope for a sympathetic hearing - I can't help thinking that having acquired a criminal record by helping out the immigration service ought to earn you some Brownie points, so the best of luck!

[nikcho]

Thanks JandM. You are right, I cleaned their printers, set them up to print duplex and save paper. From the dozen agents half were very sympathetic and if it were up to them, they would have set me free, but the rest were unrelenting. At the time I was detained, I had already had an immigrant petition filed 3 months before the arrest, which was finally approved April 2010.

I have written a short explanation in my cover letter and included a copy of Immigration Judge's order, and a copy of my green card. I hope this is enough to grant me the waiver. If not, I will be very sad.

And a bit off topic - the London branch has been showing that applications received up to 19.11.2010 are allocated to a CO for the past 3 weeks. Our application (it's for skilled migration with partner) was received on 26.11.2010. Nothing so far.

[sophiedb]

This won't help at all regards NZ, but a friend of ours was working illegally in Australia while waiting for his visa to come through there... one of the jobs was to help build new Immigration offices in Parramatta, near Sydney

He was never caught though, and either way he's now a citizen!

[nikcho]

This won't help at all regards NZ

Hi Sophie, could you please explain what you mean by this comment as my interpretation was that no character waiver would be granted on the basis of what I have explained. Thanks

[JandM]

Because it is rather an ironic situation, somewhat like yours, she is telling about an event she remembers, but it occurred in Australia, so this example has no bearing at all on what will or won't happen in NZ.

[nikcho]

Got it it's beyond ironic.

[sophiedb]

Yup, what JandM said

Best wishes for your application!

[nikcho]

Thank you Sophie!!

[nikcho]

I think I will keep spamming this thread, so not to create a different one for the same case. Good news, yesterday I got a CO. So far nothing was mentioned about the character issue. What the CO wanted to ensure was that I have the work experience I claim to have. The only thing that I had sent was a letter of reference from my employer. Since the letter could always be forged (not that this one was), the case officer requested W-2 forms (these are legal documents given by a company to each employee who was paid wages) for all the years I have been employed by the company which is since 2002. I live now in Bulgaria and the documents are in the US with my mom, so imagine how I felt having to ask her for documents that she has no clue about and which silly me has not kept very organized.

Good news is that the CO agreed to see bank statements too and I managed to get statements from my bank as far back as 2004 which shows direct deposit from the company. Also I requested from the Internal Revenue Service transcripts of all my tax returns filed since 2002. Let's hope that these will be enough - and that I am able to get some W-2s. I spoke with my boss (fortunately I still work for the same company since 2002) and she said that these forms will be extremely inconvenient to get as they are now somewhere in storage. I looked at the Operation Manual and it doesn't mention any specific proof as long as the CO finds all evidence on hand credible enough to satisfy the work experience requirement.

So far nothing about character waiver, interview, partnership questions. I expect these will be next as soon as the main points have been covered. IELTS of 9 - a non-issue Education level 9 - a non-issue