My husband was convicted of possession of cannabis 10 years ago and fined (no jail time). That 'scared him straight' and he hasn't smoked since then and has no other run-ins with the law.

We just received packet 3 and he has his medical exam next week.

Should we assume that we will need a waiver? We are Direct Consular Filing, so how do I prove extreme hardship since I'm living in a modern, western country (the UK) and have no family in the US? I just desperately want to go live at home...I have some significant medical problems and my husband is my chief care-giver, but that's all I have to go on...


Any help would be greatly appreciated.

Anna

He probably will have to file for a waiver, he needs to provide a police report, and more than likely the conviction will be noted on the report.

We already have his police report and, yes, it is on there...is it an automatic denial at our interview then? How do I prove extreme hardship since I live with him in the UK?

Anna

A few suggestions are listed in the Guides:

http://www.visajourney.com/forums/index.ph...=records#filing

Hey there...welcome to the cannibus club. I've been raking through the internet trying to find out whether its an AUTOMATIC denial or whether they say "Oh...ok simple possession" ask a few questions then give him the visa. The most I could find was a couple people who've have multiple CIMTs who were approved without a waiver. I'm gathering info and will have a nice big fat waiver package prepared for the interview regardless. That way if there's a chance he's approved on the spot but they have a couple questions I have the info they need..OR..if they want the damn waiver we can hand it over right then and there complete with everything they could possibly need to approve the damn thing. That might shave off a month of the extra waiting process if I start now.

I also hear that the embassy is a bit shocked when you supply all the information at the time of the interview....like the I-601 is some secret. Anyway..if you stumble across anymore info on this could you please post it? I'd REALLY like to know if anyone got through without a waiver.

Another thing to keep in mind would be the times he's entered the US. I have a sneaky suspicion they will want to attach an illegal entry onto this waiver if he's asked why he was here with this conviction. The fact is that he didnt pull his criminal report until after his visit and didnt know he had a conviction as he was never arrested and never went to court. Like you just a fine. If they do then the one waiver covers the entry as well. Good luck.

From the London embassy site - the basis of "extreme hardship" are defined here:

http://london.usembassy.gov/dhs/uscis/extreme_hardship.pdf

They will tell him at the interview if he needs a waiver or not but it sounds like he will and you should plan to be prepared with the hardship letter, etc. You might want to read through the visa ineligibities here http://travel.state.gov/visa/frvi/ineligib...ities_1364.html and try to figure it out but it would be smarter to do a consult with an immigration attorney who specializes in 601 waivers like Laurel Scott www.visacentral.net

i've read through the list of hardships, but frankly they don't really seem to apply since i already live in the UK with him and i have no family in the USA; i have very close friends who i consider to be my family (i lost my own family very young), but i'm sure the immigration people won't recognise that...i have significant health problems (diabetes and ovarian cancer) but i receive health care through the NHS...

the only things i can come up with as an argument are the extreme social isolation i suffer here, how dependent i am on my husband for care and other aspects of daily living, the financial gains we would enjoy living in the USA, and the drawbacks of the NHS...will that be enough????

i plan on consulting with laurel scott at some time in the near future, but any help from people here would be gratefully accepted!

Anna

They do not have to be real, just have to sound good.

There are lots of examples at www.immigrate2us.net.

Think of it as doing an exam, just answer the question with the intent of getting maximum marks pandering to an illogical examiner.

Like Boiler said, they just have to sound good (and be backed up by evidence and documentation). The hardships are based on how your life would change, for the worse, if you were forced to relocate to the UK to live permanently. Think about that from every aspect -- employment, children, education, heathcare, savings including IRA, 401K, Social Security, etc.

Actually she may well be better off under all those headings in the UK...

But lets take Healthcare, you may well be getting excellent and free NHS care.

http://travel.state.gov/travel/cis_pa_tw/cis/cis_1052.html

Tourists and short-term visitors can expect charges that may be significantly higher than those assessed in the United States.

No need to say that you are not a short term visitor and its obviously rubbish anyway.

And I am sure you can find many articles/reports knocking the NHS, even better if they directly relate to your problems.

You then compare it with the best available in the US, no need to mention that you could not afford it/you do not have any insurance or it excludes pre existing conditions etc etc.

Safety and Security likewise, worst bit of UK compared to the paradise that is the US. And so you go on.

Not sure how savings would come into it, both have comparable schemes and anyway nothing to stop you taking a US one out.

It may all be a farce, but just remember all you want is an approved waiver. Just make it easy for them to tick the box and next.

oh my God----i can't do this!!! i have no idea where to even start, and the HSLs i've been able to read on immigrate2us read like professionally prepared letters from a lawyer!!! my stupid little arguments are going to make them laugh...

where am i supposed to find reports that say US hospitals are cleaner and more modern than UK hospitals? and where do i find evidence that says it's terrifying to drive in the UK so i don't have a driver's license here and am completely isolated? where do i find evidence to say i hate it here and want to go home??? i just don't even know where to start!!!!

and to make matters worse, i can't seem to make immigrate2us work----i want to read successful HSLs that pertain to CIMT but they won't download; the site is very dodgy and nothing will work for me...

AAAAAAARRRRGGGGGGGGGHHHHHHHH!!!!!!

i'm sorry to seem so helpless, but i feel absolutely isolated----like i'm doing this all by myself and there's no help anywhere! i read on laurel scott's website that the average HSL/packet should be about 50 pages in length----50 PAGES!!!! where do i begin trying to put together a 50 page report on why my life in the UK sucks and would be so much better in the US??? i'm a nurse: i don't write reports for a living, i haven't written an essay question since college and i graduated in 1985!!!!

i'm sorry to get all hysterical---you have all been very helpful, but i'm feeling completely overwhelmed by this and really really angry that i should have to jump through hoops like these when all i want to do is go home...12 million illegal immigrants but they're going to save the country by keeping my husband out...

i think i'd better sign off before i say something that will get me banned...and you guys are all i have for support...thanks again for everything

Anna

Sorry Anna, but that's US immigration. Maybe after you think on it a while, it won't seem QUITE so overwhelming. Successful waivers are filed everyday, but it does take a lot of work.

Or............after contemplating.......you might want to ask yourself if life in the UK is really all that bad....

I wish you good luck in making the right decision (US or UK) for you, your husband and for your health.

staying here is NOT an option.

i've calmed down a little and am going to tackle this...

Anna

I'm sorry to hear about this
If you need help editing your reports, let me know. I sell my writing for extra income and I feel I could help you make your reports sound more professional. I know it's rough, but there are people willing to help you. Let me know if there's anything I can do in the way of writing or research.

Take care,

A.

Anna,
For what it is worth, I've observed several people's experiences with this issue. ALL the hardship letters start out with stupid little arguments.
You can make yours into one of those letters you admire, I'm sure.

You approach it like a research paper - you do the research online. An HSL should NOT be 50 pages -- it should take as many pages to make your points and then the rest is your evidence backing up your claims. If you don't want to write it yourself, you can hire a lawyer. But it's not nearly as difficult as you think.

Take for example, the fact that you are a nurse. Are you able to work in the UK? Are you able to continue your nursing education there? Are you able to make the same kind of money there as in the US? If you have ever worked in the US, you have contributed to Social Security. The amount of money you will receive from social security when you are eligible will depend on how much you contribute over your lifetime. So if you do not work in the US, you have no retirement from SSA. What about 401K or savings plan in the US? You will be forced to withdraw the money and face a harsh penalty, again depleting any retirement savings and negatively affecting your financially.

Do you have any medical issues or family history of medical issues that you need to be careful of? Do you have any relationships with doctors in the US who could write a letter for you detailing your medical history and the fact that you would be better off treated in the US where there are medical standards of care followed? That certainly would not prove that you cannot get the same care in the UK - that's something you would have to research -- but it's a start. Do you have health insurance? How would you get it there and how does it compare to the US? If you had an emergency based on a pre-existing condition, how long would it take for you to get treated and how would you pay for it? These are the kinds of things you need to think about.

Again, it's not as difficult as you think and if you use a lawyer, you still have to come up with your individual hardships. The letters on I2us are, for the most part, written by the petitioner, not a lawyer so it IS doable alone.

my guess is that you would make more money in the UK than the US as a nurse, I have seen quite a few posts by those who have moved to nurse in the US and shall we say they were not complimentary. But there are always something you could concentrate on as being worse UK better US.

I doubt a Nurse in the UK would have health insurance, can be bought as a top up.

You could certainly concentrate on the delays in the NHS versus no delay in the US, no need to mention money.

Once you get into the flow it came be quite a game.

As far driving, the big issue for a US License holder would be passing the test!

My wife never quite got around to that, her chances would have been close to zero anyway, so there's a hardship.

i am a nurse here in the UK, and i probably could continue my education (if i had the slightest bit of interest in it LOL) through a grant from the NHS...my salary is considerably more here in the UK than it was in the states, but the cost of living here is monumental...there's no way i could afford supplemental health insurance, even if they would cover pre-existing conditions...

as far as the NHS go, our local hospital has a reputation (documented---yay!!!) of being dirty and not meeting NHS standards and targets; also, i have ovarian cancer---my surgery was delayed 9 weeks on the NHS and by then, the cancer had spread from my uterus to my ovary (ovarian cancer has a poor survival rate and a high reoccurance rate; they don't need to know that mine was stage 1)---i can use that...i've been waiting 2 years for stomach surgery now and still have no date set...

the more i think about things (and calm down), the more things i think i can prove and document, and the better things are looking...sort of---LOL

Anna