VisaJourney.com > General Family Based Immigration Topics > Waivers (I-601 and I-212) and Administrative Processes (221g)
My husband was recently denied a visa because of a controlled substance trafficking charge (first and last offense) almost 20 years ago and voluntary departed. Is it appropriate for us to fill out a I 601 and I 212? Is there any way for him to have that charge removed/pardoned from his record considering the time frame of the offense?
They should have told him at the interview what forms he needs to fill out for the waiver (if he is eligible).
Okay, here is the problem. The Immigration and Nationality Act is VERY HARD on people accused or convicted on ANY charges amounting to drug trafficking. "Possession" of marijuana is the only exception. Below is the INA 212a 2C. I am pasting the section about waivers so that you see, there is no 601 waiver mentioned. I have read only a few cases like this and they were not eligible for a waiver.
I AM NOT AN ATTORNEY. You will definitely want to consult with an attorney in this case for clarification. Look into visacentral.net, she is very experienced and can give you a firm answer.
If I am correct, I am sorry. I hate bearing news like that.
If you were, in fact, eligible for a waiver, the Consular officer would tell you at the interview and you would be allowed to submit them then.
I AM NOT AN ATTORNEY. You will definitely want to consult with an attorney in this case for clarification. Look into visacentral.net, she is very experienced and can give you a firm answer.
If I am correct, I am sorry. I hate bearing news like that.
If you were, in fact, eligible for a waiver, the Consular officer would tell you at the interview and you would be allowed to submit them then.
(C) 2a/ CONTROLLED SUBSTANCE TRAFFICKERS- Any alien who the consular officer or the Attorney General knows or has reason to believe--
(i) is or has been an illicit trafficker in any controlled substance or in any listed chemical (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)), or is or has been a knowing aider, abettor, assister, conspirator, or colluder with others in the illicit trafficking in any such controlled or listed substance or chemical, or endeavored to do so; or
(ii) is the spouse, son, or daughter of an alien inadmissible under clause (i), has, within the previous 5 years, obtained any financial or other benefit from the illicit activity of that alien, and knew or reasonably should have known that the financial or other benefit was the product of such illicit activity, is inadmissaible.
(h) The Attorney General may, in his discretion, waive the application of subparagraphs (A)(i)(I), ( B ), (D), and (E) of subsection (a)(2) and subparagraph (A)(i)(II) of such subsection insofar as it relates to a single offense of simple possession of 30 grams or less of marijuana if-
(1) (A) in the case of any immigrant it is established to the satisfaction of the Attorney General that-
(i) the alien is inadmissible only under subparagraph (D)(i) or (D)(ii) of such subsection or the activities for which the alien is inadmissible occurred more than 15 years before the date of the alien's application for a visa, admission, or adjustment of status.
(ii) the admission to the United States of such alien would not be contrary to the national welfare, safety, or security of the United States, and
(iii) the alien has been rehabilitated; or
( B ) in the case of an immigrant who is the spouse, parent, son, or daughter of a citizen of the United States or an alien lawfully admitted for permanent residence if it is established to the satisfaction of the Attorney General that the alien's denial of admission would result in extreme hardship to the United States citizen or lawfully resident spouse, parent, son, or daughter of such alien; or 25c/
Brokenheart,
I am so sorry to hear what happened with your husband. I am going through a similar situation and was wondering if you found out if he was eligible for a waiver? I put in a call to a couple of attorneys, but have not heard back. I came here hoping to see if anyone had ever received a waiver with a trafficking charge. I wish you the best of luck
I am so sorry to hear what happened with your husband. I am going through a similar situation and was wondering if you found out if he was eligible for a waiver? I put in a call to a couple of attorneys, but have not heard back. I came here hoping to see if anyone had ever received a waiver with a trafficking charge. I wish you the best of luck
I think as emt103 said there is only a waiver avaible if the offense was for a very small amount of cannibis.
The CO at the interview is the one who decides if you are "eligible" for a waiver, not you or a attorney. If denied and no waiver then it will be returned to the USCIS center that processed you, you may have a oppotunity to appeal once its back here.
either way I would suggest a very good immigration lawyer should be consulted.
Good luck
The CO at the interview is the one who decides if you are "eligible" for a waiver, not you or a attorney. If denied and no waiver then it will be returned to the USCIS center that processed you, you may have a oppotunity to appeal once its back here.
either way I would suggest a very good immigration lawyer should be consulted.
Good luck
Follow emt's advice and consult with Laurel Scott. It will be money well spent.
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