Waiver Journey - Good and Bad News

[MrsAwakened 7]

I have good news and I have news that's not really bad but I have no other word to explain it.

Throughout this whole immigration process, I haven't used an attorney the whole time. A point came that I needed my husband's US criminal record but the local police station only gave us some of his record. They said if we wanted the rest, we'd need to go through the court because the information is not public. Finally, I had to hire an attorney and I REALLY didn't want to. Someone on here suggested Lizz Cannon. I was skeptical to hire an attorney for reasons you all know. But I called her up and she seemed like a no-nonsense type of person so I felt I could trust her. She was able to get what we needed and while she did that, she found some very interestinggg information. 2 years ago, my husband was deported under INA 237(a)(2)(B)(i). If you know anything about the I-601, when it comes to the many drugs in this world, only people with ONE marijuana conviction of 30 grams or less is able to use the I-601. Throughout this whole process, we were 100% sure he had two marijuana convictions. I was just praying that the interviewer was this extra nice person who would magically find a way. If that wasn't possible, I was (and still am) ready to call my state Senator and see what could be done. This EXTREMELY hostile immigration officer kept insisting he had committed a felony and that he could NEVER come back. When I told her what my husband told me, she made it seem like he was lying and hiding things from me. I wish I would have taken down her information because she needs to be reported. Unfortunately, I didn't. I was too shocked, I guess.

Anyway, I've been searching up and down the internet for any information on the INA code. My husband kept telling me not to obsess over it but it was very difficult. I would take breaks from it and remind myself that we'll just find out at his interview. But I'd occasionally do some more research to see if I missed anything and to see if there was anything I could do. A few days ago, I searched this site and used better words so I could find something similar to what we were going through. My heart sank a little. A woman's husband had been denied TWICE. The first time, they applied for a K1. I don't remember if it was a government offical but someone told her if her and her fiance were to get married and try again, he would be able to get a waiver. They got married and tried again. He got denied a second time! That's how I thought it would be with my husband. Fortunately, I already accepted that he wasn't going to get one but it still sucks, you know?

Now fast forward to today... I was informed by our awesome attorney that my husband actually only has ONE marijuana conviction.

The other thing we thought was a marijuana charge is actually "Nolle Prossed"..

He. Is. ELIGIBLEEEEEEEEEE. *throws confetti at everyone*

That brings me to my "BAD" news. If you have a single offense of simple possession of 30 grams or less, you are inadmissible, NOT deportable.

We have no idea why he was deported now. If you are simply inadmissible, it means as long as you don't leave the country and don't commit anymore crimes, you wont be deported. My husband has never taken a trip after EITHER of those scenarios. Yes, he has other things on his record but they specifically said he was deported under 237(a)(2)(B)(i) and that his deportation is for 10 years. They didn't tell us anything else. We have not rescheduled his interview yet because we haven't received all of his US criminal history. When we do, I am not allowed to go so I'm preparing everything I can for him to make sure there's no more confusion for the embassy. When he went to his first interview, they acted like they knew were surprised and knew nothing about his deportation or criminal history. But when I emailed them to explain that the local police stations would not give us his adult record, they suddenly knew about his minor record (they even mention the specific year ).

Does anyone have any suggestions and thoughts? I'm wondering what your opinion of this scenario is.

Also, I'm aware that some people have to file I-601 and I-212. Based on everything I just said, do you think this may happen?

I hope this information helps someone else in some way.

Don't you just love the immigration process?

[almost_umrican 53]

Wow.. what a situation. hope the couple get to be together.

[MrsAwakened 7]

Wow.. what a situation. hope the couple get to be together.

Yes, hopefully...She probably moved to wherever he's from.

[Bosna1234 17]

why arent you allowed to go ..?

[Bosna1234 17]

wow great story do you know when you will get the new interview .....

I knowhow all of this feels

[matmertin2016 4]

I have good news and I have news that's not really bad but I have no other word to explain it.

Throughout this whole immigration process, I haven't used an attorney the whole time. A point came that I needed my husband's US criminal record but the local police station only gave us some of his record. They said if we wanted the rest, we'd need to go through the court because the information is not public. Finally, I had to hire an attorney and I REALLY didn't want to. Someone on here suggested Lizz Cannon. I was skeptical to hire an attorney for reasons you all know. But I called her up and she seemed like a no-nonsense type of person so I felt I could trust her. She was able to get what we needed and while she did that, she found some very interestinggg information. 2 years ago, my husband was deported under INA 237(a)(2)(B)(i). If you know anything about the I-601, when it comes to the many drugs in this world, only people with ONE marijuana conviction of 30 grams or less is able to use the I-601. Throughout this whole process, we were 100% sure he had two marijuana convictions. I was just praying that the interviewer was this extra nice person who would magically find a way. If that wasn't possible, I was (and still am) ready to call my state Senator and see what could be done. This EXTREMELY hostile immigration officer kept insisting he had committed a felony and that he could NEVER come back. When I told her what my husband told me, she made it seem like he was lying and hiding things from me. I wish I would have taken down her information because she needs to be reported. Unfortunately, I didn't. I was too shocked, I guess.

Anyway, I've been searching up and down the internet for any information on the INA code. My husband kept telling me not to obsess over it but it was very difficult. I would take breaks from it and remind myself that we'll just find out at his interview. But I'd occasionally do some more research to see if I missed anything and to see if there was anything I could do. A few days ago, I searched this site and used better words so I could find something similar to what we were going through. My heart sank a little. A woman's husband had been denied TWICE. The first time, they applied for a K1. I don't remember if it was a government offical but someone told her if her and her fiance were to get married and try again, he would be able to get a waiver. They got married and tried again. He got denied a second time! That's how I thought it would be with my husband. Fortunately, I already accepted that he wasn't going to get one but it still sucks, you know?

Now fast forward to today... I was informed by our awesome attorney that my husband actually only has ONE marijuana conviction.

The other thing we thought was a marijuana charge is actually "Nolle Prossed"..

He. Is. ELIGIBLEEEEEEEEEE. *throws confetti at everyone*

That brings me to my "BAD" news. If you have a single offense of simple possession of 30 grams or less, you are inadmissible, NOT deportable.

We have no idea why he was deported now. If you are simply inadmissible, it means as long as you don't leave the country and don't commit anymore crimes, you wont be deported. My husband has never taken a trip after EITHER of those scenarios. Yes, he has other things on his record but they specifically said he was deported under 237(a)(2)(B)(i) and that his deportation is for 10 years. They didn't tell us anything else. We have not rescheduled his interview yet because we haven't received all of his US criminal history. When we do, I am not allowed to go so I'm preparing everything I can for him to make sure there's no more confusion for the embassy. When he went to his first interview, they acted like they knew were surprised and knew nothing about his deportation or criminal history. But when I emailed them to explain that the local police stations would not give us his adult record, they suddenly knew about his minor record (they even mention the specific year ).

Does anyone have any suggestions and thoughts? I'm wondering what your opinion of this scenario is.

Also, I'm aware that some people have to file I-601 and I-212. Based on everything I just said, do you think this may happen?

I hope this information helps someone else in some way.

Don't you just love the immigration process?

So why would USA need more criminals; I think we have enough....

Its obvious that he has a record with something that we was deportable for and he "conveniently" does not remember...

[MrsAwakened 7]

why arent you allowed to go ..?

I emailed the USA Sarajevo Embassy and they said the US Citizen petitioner is not allowed into the interview with the beneficiary.

[MrsAwakened 7]

So why would USA need more criminals; I think we have enough....

Its obvious that he has a record with something that we was deportable for and he "conveniently" does not remember...

Thanks for taking the time to reply. I hope you have a great day!

[Bosna1234 17]

I emailed the USA Sarajevo Embassy and they said the US Citizen petitioner is not allowed into the interview with the beneficiary.

oh wow i hope that finishes fast and you are happy

[MrsAwakened 7]

oh wow i hope that finishes fast and you are happy

Thank you very much! I hope so too.

Did you see the message I sent you?

Also, I meant to reply to your other comment but it wouldn't let me post both for some reason. So I will now...

wow great story do you know when you will get the new interview .....

I knowhow all of this feels

We can reschedule whenever we want to. Whenever we get all of his record, we can reschedule the interview. It's really easy and they seem to have a lot of openings. I don't think it's the same as the normal interview. The normal interview is scheduled when the Embassy and the NVC talk to each other. But you can make an appointment at anytime but it wouldn't be the same as an immigration interview. Since he was already there for an interview, we can simply schedule an appointment to reapproach the subject. They still have his passport because they know he's coming back.

[Jawaree 717]

So if he now has only one conviction (under 30 grams) he would now be able to file I 601 & 212 (if he was deported)

If he was a previous LPR its darn hard to qualify for 212(h) relief....be sure you have official documents like final disposition

for the Embassy.

The CO could not be nice & just give him a pass its a law they must follow with any CIMT,their boss look at & sign off

on approvals & disapprovals...I had mentioned Li Cannon ,so have you at least asked her how to go forward, there maybe

resistance from USCIS re:his record & having an atty for AO (if needed) is best. A Senator cannot change USCIS

decisions.

The best thing to do is ignore the mean-ness, no one is perfect....just keep on keeping on,& know that if he truly have

2 drugs charges , he cannot get an IV, further on he may get a temporary visa with D3 waiver,but not anytime soon &

hard to come by...in the meantime think about plan B would you go live with him a part of the yr?...can he get Mexican

residency (then you both could live on the border?) and you work in the US ...goodluck

[Bosna1234 17]

I emailed the USA Sarajevo Embassy and they said the US Citizen petitioner is not allowed into the interview with the beneficiary.

thanks alot wow never knew that

Thank you very much! I hope so too.

Did you see the message I sent you?

Also, I meant to reply to your other comment but it wouldn't let me post both for some reason. So I will now...

We can reschedule whenever we want to. Whenever we get all of his record, we can reschedule the interview. It's really easy and they seem to have a lot of openings. I don't think it's the same as the normal interview. The normal interview is scheduled when the Embassy and the NVC talk to each other. But you can make an appointment at anytime but it wouldn't be the same as an immigration interview. Since he was already there for an interview, we can simply schedule an appointment to reapproach the subject. They still have his passport because they know he's coming back.

what were the questions asked

[LionessDeon 2,060]

All I can attest to is this:

1. Waivers are no fun. It is the most stressful, dragged on process ever. Ours took 10 months and we are still waiting for visa issued

2. Lizz Cannon is awesome! Take solace in knowing she's the best and if it can be fixed she will do it!

I wish you all the best!

[MrsAwakened 7]

So if he now has only one conviction (under 30 grams) he would now be able to file I 601 & 212 (if he was deported)

If he was a previous LPR its darn hard to qualify for 212(h) relief....be sure you have official documents like final disposition

for the Embassy.

The CO could not be nice & just give him a pass its a law they must follow with any CIMT,their boss look at & sign off

on approvals & disapprovals...I had mentioned Li Cannon ,so have you at least asked her how to go forward, there maybe

resistance from USCIS re:his record & having an atty for AO (if needed) is best. A Senator cannot change USCIS

decisions.

The best thing to do is ignore the mean-ness, no one is perfect....just keep on keeping on,& know that if he truly have

2 drugs charges , he cannot get an IV, further on he may get a temporary visa with D3 waiver,but not anytime soon &

hard to come by...in the meantime think about plan B would you go live with him a part of the yr?...can he get Mexican

residency (then you both could live on the border?) and you work in the US ...goodluck

Thanks a lot for your positive response!

I've been talking to her a lot, actually. Next, she is getting is alien file so she can review it. Then we'll go from there.

So far nothing makes sense anymore lol All I can do is wait and see what she says and what the embassy says when he finally goes back.

I thought it was you who recommended her! Thanks! I told her someone on Visajourney recommend her. haha

I read on VJ that Senators can make these "bills" and if they're signed by the President (and/or the governor??) then it pardons the person

for whatever they got deported for. The guy said senators make tons of those. I forgot exactly what he said now but it seemed good.

I have no idea what the specific details of that are or how often it's really done. Of course, the senator doesn't want to be responsible for allowing

a true criminal back into the US, so I'm sure special requirements are put into place. I have no problem with that. I have no problem with proving extreme hardship to either person.

Way ahead of you. That person who commented apparently didn't read anything I posted and probably saw the opportunity to attack a Bosnian, took it, and failed. Did you notice how he/she unfollowed the post after they wrote that? Trolololololol! ((I'll be praying for you mysterious Croatian. I'm sure if you met my husband, you would find that, no matter what differences you may have, he would treat you with respect.))..Jawaree, I have no problem with the proof of extreme hardship/rehabilitation/etc. I wouldn't even have attempted this if I had no proof. We just need him to be eligible. According to Lizz Cannon, he should be able to get the waiver.Once she gets his alien file, she will know more. By then, he might already have his interview because we're just waiting for the rest of his criminal history. If something goes wrong, we'll talk with her about it. Either way, I want her to review his file. Plus, we will need his file to send with the proof. I'm really glad the length you were a LPR is one of the things that is important to them. It's only one thing but who knows how much that could matter mixed with the other proof. I know this is a hard situation but I'm feeling confident. I'm making, at least, 3 copies of everything. One for the I-212, one for the I-601, and one for a personal copy. I used all my new printer ink I bought yesterday! The reason my husband would tell me not to obsess over it, is because he doesn't want me to stress myself out over something I can't control. Usually that's my motto but in this case, it's more relaxing to research than to just sit around doing nothing.

Mexico isn't the place for us. I have family in Canada so maybe that's possible. We'll see.

[MrsAwakened 7]

thanks alot wow never knew that

what were the questions asked

You're welcome.

They talked about our marriage and wanted to see our pictures even though they already should have had them. Fortunately, I had a feeling this would happen and told him to bring them with him. Since it's a IR-1/CR-1 type of green card, they really care about your marriage. They didn't get to talk long because they found out he didn't bring his US criminal record (my fault). I forgot that it's necessary during the interview process if you have a US criminal record and that it's important if you've been deported. I remembered the whole time until the time came that I really needed to remember! lol Fortunately, it gave us time to bring anything else we find important to our case. My fail wasn't all a fail!

When he has his new interview, I will try to tell you what they asked.