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MoonandSun311

PLEASE HELP! 1-601 waiver for K1 Visa - Do we even have a chance? - Confused

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Hi World,

My fiancee had his K-1 visa interview with the U.S. Consulate in Australia. His visa was denied because of a past drug offense that occurred there 9 years ago.

The offense was “possession of a prohibited drug with NO conviction” - Section 10 in Australia. (Background of the story - he was young, dumb, and found at a music festival with two ecstasy pills in his pocket.) In Australia, Section 10's are kind of your get out of jail free card... no jail, arrest, or conviction on your record if it's a first time offense.

He has never had any problems or offenses since then, has had a long-term job, and is a respectable member of the community.

The Consulate clerk told us that even though it wasn’t a conviction his visa would not go forward, but that we do qualify to apply for a Section 212 (a)(2)(A)(i)III) waiver.

I am a bit confused on what happens from here. Do we even have a chance? I’ve read conflicting reports about the U.S. and drug offenses, and am not sure what lines are crossed between what the U.S. considers a conviction and what Australia does. I've read many sites that say a waiver is only available for a single offense of a small amount of marijuana.. but if that was so, then why would the consulate say we qualify for the waiver? Would we have a chance if we hired an immigration lawyer?

I am so confused and exhausted by this all... if anyone has some advice or has been through this before, it would be a ton of help. I appreciate you reading this!

Take care and good luck on this journey.

Moon

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If the embassy stated the beneficiary is eligible for a waiver, then yes that means you have a chance. You should contact a reputable experienced immigration waiver attorney. Lizz Cannon is highly respected and gives free consults.

http://www.visajourney.com/content/records

Time to start doing some research. Review the waiver forum here and you can also go to immigrate2us.net

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Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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