Waiver Journey - Good and Bad News

[MrsAwakened 7]

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!

Thank you for your response.

They don't seem to be any fun, that's true. I'm ready for the waiting time. All that matters to me is that I'm with him during the wait!

She is awesome! The fact she told us this awesome news makes her pretty awesome (yes, I could say awesome a few more times lol).

Thank you, all the best to you too. How long have you been waiting for it to be issued?

[Boiler 43,433]

He did not get deported just for MJ possession under 30gr.

Much easier to fight a deportation that to seek re admittance.

What confuses me is that he seems to not know why he was deported or details of his criminal history?

Edited June 4, 2016 by Boiler

[Jawaree 717]

Hey stay positive, it is harder to get back in, but for many it has happened.

Once outside the US one cannot get a pardon easy..you can ask your Senator

to help with reforms, but by themselves they wont change laws & yes some of

them are leery about going all out to get an immigrant with a criminal case back

in. With a US record its hard going to Canada even a DUI....Liz is good

[Bosna1234 17]

thanks alot for your help I hope everything that you want happens

thanks I hope you guys ahve an interview before us and see what happens

[MrsAwakened 7]

He did not get deported just for MJ possession under 30gr.

Much easier to fight a deportation that to seek re admittance.

What confuses me is that he seems to not know why he was deported or details of his criminal history?

Thanks for replying.

That's the thing, we DID know why he was deported at first. They gave us this paper that explains why he was deported and for how long. Now that Lizz Cannon told us about the nolle prossed, we are confused. The hostile immigration officer was insisting he had commited a felony and that he could never come back. Then another immigration officer at a completely different time said, "Yes, he can". Also, we found out the day he got taken that he was really meant to be taken the year before with his brother (long story that doesn't involve my husband) but they were trying to be nice or something? O.o All of this is weird. My husband does know about his criminal history. The thing is, when you come to this country as a child refugee, no one is eager to explain how crimes and your immigration status go together. They're busy trying to teach you English and making you feel comfortable in the new place you've been thrown into. He made very bad choices but was not thinking, "hey, I should remember every single detail because I might get deported someday". He had a reality check when they took his brother. I'm the opposite of that and sometimes I try to remember things just in case they are necessary later. He's not a lawyer, he's not going to remember "nolle prossed" for no reason. I'm a lawyer at heart and I'll remember it for the rest of my life now hahah It's just how we are. That doesn't mean he's a ____ *insert negative adjective here*. We lived different lives. Now our lives have become one and we're putting our head together to deal with past mistakes.

My question is, if he wasn't deported for that, why would they give that clause as the reason he was deported? The paper we were given was for the 212 code and then when we couldn't find the paper (again, my fault), we called the court and the lady gave the clause 237(a)(2)(B)(i). The lawyer looked at his history and said he actually only has 1 conviction and the other is a nolle prossed. The only other thing he has as an adult is a DUI. I saw the records myself, he is not hiding anything. The reason I had to hire Lizz Cannon was because they wouldn't release the whole record of the nolle prossed one because other people were involved and they needed to protect it (which is a joke cause most of their info was on there). They simply gave me some weird police report that barely mentioned my husband but gave great detail about some dude who was there that day. Plus, the embassy wanted his minor record and that also required a court. Courts don't like that. So that's where Ms. Cannon came into the picture. She's done a great job so far.

237(a)(2)(B)(i)

https://www.uscis.gov/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-29/0-0-0-5684.html

"INA: ACT 237 - GENERAL CLASSES OF DEPORTABLE ALIENS"

Sec. 237 1/ [8 U.S.C. 1227]

(a) Classes of Deportable Aliens.-Any alien (including an alien crewman) in and admitted to the United States shall, upon the order of the Attorney General, be removed if the alien is within one or more of the following classes of deportable aliens:

(2) Criminal offenses.-

"(B) Controlled substances.-

(i) Conviction.-Any alien who at any time after admission has been convicted of a violation of (or a conspiracy or attempt to violate) any law or regulation of a State, the United States, or a foreign country relating to a controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)), other than a single offense involving possession for one's own use of 30 grams or less of marijuana, is deportable.

(ii) Drug abusers and addicts.-Any alien who is, or at any time after admission has been, a drug abuser or addict is deportable.

237

(a)

(2)

(B)

(i)

According to their own clause, law, court lady and paper they gave us, he was deported for something that he should only be inadmissible for. If they wanted to deport him for something else, they could have not pretended it was for something else.

I have his detailed record in front of me and the one he was accused (possession of marijuana) says "NP" and that it was dismissed. The other says "Use of Marijuana" and they decided he was guilty. It was less than 30 grams. He said it was 5 grams. Soooo.... *throws confetti at everyone again* lol I'm trying not to get my hopes up but I'm still excited. I've accepted if he can't use the I-601 and I-212 but if he can, bring out the confetti!

[MrsAwakened 7]

Hey stay positive, it is harder to get back in, but for many it has happened.

Once outside the US one cannot get a pardon easy..you can ask your Senator

to help with reforms, but by themselves they wont change laws & yes some of

them are leery about going all out to get an immigrant with a criminal case back

in. With a US record its hard going to Canada even a DUI....Liz is good

I'm trying. It's easier when you're in the same place but I needed to go back to the US to deal with this stuff.

I was only suppose to be gone a month but we found out that when you go for 3 months and then leave, you have to wait 3 months outside in your home country before you can legally return. So I've just been working and doing all this stuff. I've been praying for a miracle like this. I was thinking, "Maybe he really has just one conviction and this was all a mistake"... 0.o then it happens. I'm thanking God constantly. I've wanted to be a lawyer long ago but decided criminal psychology is the thing for me, so I'm not very good with these court terms yet. I was very skeptical to hire an attorney. But in the course of a few weeks, Lizz and one other attorney have actually been nice and honest. This one attorney for someone/something else flat out said the problem is not worth paying $6k + to hire him. We were shocked. I know not all attorney's are bad but it's hard not to still be skeptical.

I believe it's not easy. I'm glad they wouldn't just let anyone back inside! That would be outrageous. There are already people inside that shouldn't be here either but they're just good at not getting caught! America has a bad government reputation but I think we can all admit that they are right about a lot of stuff. Hahah

[Bosna1234 17]

what do you mean about this 3 month thing ...?

[MrsAwakened 7]

what do you mean about this 3 month thing ...?

As a US citizen, you don't need a visa to go to Bosnia if you're only going for 90 days (3 months).

But once you leave Bosnia, you have to wait a certain amount of time until you can legally go back to Bosnia.

If you want to stay longer than 3 months, you do need a visa. This time we didn't get one for me so, legally, I had to leave.

They told him that I couldn't come back for 3 months. The 3 months have passed (about a week or so ago).

I can go now but I'm trying to wait until his interview passes so I can know what I need to do next before I leave the US.

Also, I don't want to bring too much stuff to Bosnia if we'll just have to pack it all back up! hahah

Plus, we'll be traveling with an animal so I don't want to have a bunch of other stuff to deal with.

[Jawaree 717]

Personal attacks are never kool, its a forum to say whats wrong or right in the immigration process,

when a post irks me or I find it unbelievable I never judge, or put down a person, in that

case I prefer to keep it moving...there are cases here I would NEVER respond to, if one cant say

good then dont say bad.

[Ontarkie 13,915]

~~Inappropriate post removed. Post constructively or do not post~~

[MrsAwakened 7]

On 1/22/2017 at 2:28 PM, Jawaree said:

Personal attacks are never kool, its a forum to say whats wrong or right in the immigration process,

when a post irks me or I find it unbelievable I never judge, or put down a person, in that

case I prefer to keep it moving...there are cases here I would NEVER respond to, if one cant say

good then dont say bad.

I noticed a few days ago in my email that someone commented on here but I forgot to look...

now I have no idea what's going on but I get it wasn't nice. O__o 

Anyway, great advice!