A Harvey waiver allows the court to consider dismissed charges during sentencing in a criminal case. Absent a waiver by defendant, a sentencing court is not permitted to rely upon information relating to counts dismissed in accordance with a plea bargain. The name originates from a California case, People v. Harvey (1979) 25 Cal.3d 754.
This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
Guam Harvey Waiver is a legal term that refers to a special agreement made between the United States Citizenship and Immigration Services (USCIS) and certain foreign nationals from Guam. This specific waiver allows eligible individuals from Guam to acquire permanent resident status in the United States without having to meet the typical requirements set forth by the immigration laws. The Guam Harvey Waiver is named after a landmark legal case involving a foreign national named Harvey, which prompted the USCIS to establish this exceptional program for individuals residing in Guam. This waiver is primarily aimed at resolving the unique immigration issues faced by foreign nationals who have been living in Guam for an extended period of time and wish to stay permanently in the U.S. To be eligible for the Guam Harvey Waiver, foreign nationals must demonstrate proof of residence and employment in Guam for at least a specific number of years (varies depending on the specific type of waiver). Additionally, applicants need to meet certain criteria related to their criminal history, medical condition, and financial stability. There are different types of Guam Harvey Waivers available based on the individual's specific circumstances. These waivers include: 1. Employment-Based Waiver: This type of waiver is granted to foreign individuals employed in Guam who have demonstrated a substantial work history and contribute to the local economy. 2. Family-Based Waiver: The family-based waiver is issued to foreign nationals with immediate family members who are U.S. citizens or permanent residents residing in Guam. 3. Humanitarian Waiver: This waiver is provided to individuals who have experienced significant hardships or have humanitarian reasons for requesting permanent resident status in the U.S. 4. Veterans Waiver: Foreign nationals who have served in the U.S. military forces while stationed in Guam may be granted this waiver due to their valuable contribution to national defense. It is important to note that the Guam Harvey Waiver is a discretionary benefit, and each case is evaluated individually by USCIS officers. Meeting the eligibility criteria does not guarantee the granting of the waiver. Therefore, it is crucial for applicants to submit detailed and compelling evidence to support their case and demonstrate the significant ties they have established with Guam and the U.S. Overall, the Guam Harvey Waiver offers a unique opportunity for foreign nationals residing in Guam to obtain permanent resident status in the United States, creating a pathway to a brighter future for individuals who have contributed to the local community and economy.
