(I-130, I-601, and I-212) Questions (Embassy "Investigating" Criminal History)

[MrsAwakened 7]

My husband was deported under 237(a)(2)(B)(i) after being an LPR for 14 years. It's been about 2 1/2 years since then.

He has already been through the whole I-130 process and went to his interview. We sent his Criminal History to the embassy and about 2 weeks after, I called and the lady said they were "investigating" his criminal history and would contact us. Now it's almost been 3 months and nothing has happened. I've been reading other people's stories where they've already been able to use the waivers and are just waiting for them to get approved or denied. We're not even at the step were they tell us he can use a waiver or not. Has anyone else experienced this before? My theory, based on research, is that his criminal history isn't simply black and white so they need to make sure they are thorough. There are nolle prossed/dismissals (not enough proof), a sealed case, a really old abeyance as a minor (I'm sure they want to make sure it was taken away), felonies as a minor (yeah, yeah it looks bad...but it's "HISTORY" haha). If you were to look back on his criminal history, you'd say he was VERY fortunate. Some prosecutors can be vicious and try to pile stuff on that you didn't even do! We have given proof that he is not like any of that anymore...so not black and white. I'm thankful they put in the effort to help prevent bad people from entering/reentering the US. I'm just wondering if anyone else has experienced this or heard of it. If so how long did it take? I know these places are backed up so I'm trying to think of it that way. It's just weird. It's not like we're waiting for someone to approve a waiver or not (I've seen that can take 10+ months). We're simply waiting for them to finish investigating his criminal history for someone to decide if he could use the I-601 and I-212. I get it but it just feels weird!

[Boiler 43,425]

Not every crime is waiverable, so that may well be the issue.

Getting deported as a LPR take some doing so I assume that this was nothing minor.

Do you have a Lawyer involved? Presumably you sought guidance before filing.

[Tusabe 14]

Prosecutors tend to drop charges not add them in order to get a conviction. With that being said I talk to a guy in the hood that was deported from America for trafficking drugs like Pablo Escobar style but he served 5 years and jail went back to his country and had a ban for 6 years. He's here now married and I actually seen his green card so I know it's true I believe that just filed a waiver but I didn't ask to much about that. I'd think depending on what your husband did that would depend if he's allowed back.

[MrsAwakened 7]

He was deported under 237(a)(2)(B)(i). That's a drug clause. Immigration told us he was deported because of marijuana.

I talked to two lawyers. The first one (Liz Cannon) saw his criminal history (because I asked her to get it from the court) and she said it looks like he only has 1 conviction for marijuana and if that's true, he shouldn't have been deported. The second lawyer said that even if Immigration did mess up, they could go back and try to re-deport him for his minor record. They both recommended we put in a request for his A-file because no one can decide anything without seeing it. I was ready to pursue these new details but with the possibility of him getting re-deported, I think that's not the right thing to do at this time. So...we're screwed no matter what. We do intend to request his A-file. This is all kind of weird. Only time will tell what in the world is going on. I just feel like his info is sitting on someone's desk and one day, 5 months from now, someone might actually look at it. I just wish I knew the process.

Maybe:

1. Embassy receives Criminal History

2. Someone at embassy investigates or they send to USCIS or something.

3. Investigation is done

4. Someone in Embassy calls my husband to make a new interview

5. They tell my husband if he is eligible for waivers (If yes, we send waiver forms. If no, we go from there)

6. We wait a long time until someone in the US approves it

7. Visa

9. Eat Tacos together

10. Green Card

hahah

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

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.

[Boiler 43,425]

He would have to be in the US to be Deported again.

Was he dealing?

[MrsAwakened 7]

He would have to be in the US to be Deported again.

Was he dealing?

Well, I just mean instead of only being deported for 6 more years, being deported for another 10 or longer.

I don't mean him coming back and then leaving again.

Nope. Fortunately, he wasn't dealing.

[Boiler 43,425]

He has a 10 year ban for being deported and also the ban for whatever his criminal offences are.

An aggravated Felony is a lifetime ban. Drugs is the tricky one, no waiver.

[MrsAwakened 7]

Fortunately, he wasn't deported for an aggravated felony. He was deported under 237(a)(2)(B)(i) for marijuana.

There is a waiver (I-601) if it's "a single offense of simple possession of 30 grams or less of marijuana"
https://www.uscis.gov/sites/default/files/files/form/i-601instr.pdf (Under "Reasons for Inadmissibility" page 10 & 11)

We're waiting to see if he truly fits under that requirement. We wont know until they finish investigating his criminal history.

Edited November 29, 2016 by MrsAwakened

[Anitafeliz 1,133]

I don't think this will be as easy as you think.

[Boiler 43,425]

I think this has been discussed before or a case very similar.

[MrsAwakened 7]

I think this has been discussed before or a case very similar.

Probably but I can't find anything. I always look before posting. I've made posts about my situation but I only just recently was in this specific problem where we are waiting for them to investigate. I posted, hoping people would bring their experience with it. I want to know how...common...it is, I guess. lol

lol I never felt it would be easy.

I actually just got an email from the embassy (I emailed them last week) and they said they will discuss it in the near future.

[Boiler 43,425]

It is not very common for those who have recently been deported to obtain a waiver to come back.

It is very uncommon to see such cases.

Obviously very fact dependent, of the few cases I have seen many had issues where a waiver was not available.

From a logical perspective deporting somebody at great cost and then letting them back in with a waiver makes little sense, but then who said this is logical.

[MrsAwakened 7]

I don't think this will be as easy as you think.

I never felt it would be easy. Anytime something has been easy, I've been pleasantly surprised and very grateful. I try to be positive but I still try to expect anything, you know? Gotta be realistic with this immigration process. haha I was just making up a timeline to give an example of what I'd wish someone would explain to me...but technically that is half of how the main process is like (minus the taco part). I just simplified it and put options based on what the government might decide to do. Plus.. "results and times may vary"! I was using a little of what I have been through to make up possible outcomes for this weird situation.

I actually just got an email from the embassy (I emailed them last week) and they said they will discuss it with him after they call him for a new interview which they "anticipate will be in the near future" (expected). They said, "However, as you may know he will likely need a waiver following deportation. You may begin applying now for the I-212 form through the Department of Homeland Security/U.S. Citizenship and Immigration Services." I just thought maybe they'd just give some generic response! This response is better. They did half generic, half informational. I didn't expect them to tell me his info because I'm not him but they just chose to mention that. I asked for a case update to have a feel of what is going on. I'm not going to get my hopes up but I am more encouraged.

[Boiler 43,425]

If his only issue was deportation then a solo I 212 makes sense, however seems unlikely he would not need a I 601 in which case they are done together.

[MrsAwakened 7]

If his only issue was deportation then a solo I 212 makes sense, however seems unlikely he would not need a I 601 in which case they are done together.

I'm 100% sure he would need both. The first thing they said, "We are not able to discuss ineligibilities that may require a waiver at this time. We will discuss your husband's case with him..". They were just stating the obvious "as you may know, he will likely need a waiver following deportation" and then saying "you may begin applying now for the I-212 form". I'm going to ask if I can send it! hahah

You're right...logic? What logic?! But I think it's nice they give second chances with proof of rehabilitation (+ proof of extreme hardship). It's good they thoroughly look through info (hopefully?) because we don't need any more problems in the US!