Humanitarian Visa DENIED!! Help please!!

[RN1234 2]

Hi

I am new to this website and I am desperate for some help, if anyone can offer me some good advice please do comment below. I am willing to hear from anyone!!

To make a long long story short, here I go....

I am a US citizen by birth, my husband is a UK citizen by birth, we met in London fell in love, found out I was pregnant of Jan 2012. We quickly filed for a K1 fiance visa, once he got to the London embassy they denied him at his interview because of 2 charges of marijuana when he was 19 and 20 years old, Both were for less than 1 gram and he just got a 55 GBP fine and was sent home, no jail time for both. Along with the 2 charges of marijuana he has some other thing called a caution for drunk and disorderly on the streets and one other dumb thing but I forgot.

Now lets be clear, I did not know about all of this before we got married and had a child. My husband did mention the marijuana to me but I didnt think it was a big deal. I personally never thought it was a big deal because he is NOT like that person anymore, if he was I would not be with someone like that. He is now 32 years old educated man.

So basically my husband got rejected the K1 fiance visa when I was 6 months pregnant. I had to go through a delivery of our first child all alone which nearly broke me into pieces. The main issue is that the marijuana seems to be a crime against moral turpitude (however you spell it). Since he has 2 offenses for the marijuana he is inadmissible to usa and there is NO WAIVER FOR THIS!!!

We have filed for countless numbers of visitor visas, and now most recently a humanitarian visa. The humanitarian visa was denied in Aug 2013. My husband has only seen our child twice, she is 19 months old and does not even know who her father is. I am a full time working nurse and I literally am falling to pieces everyday.

I am in deteriorating everyday because my husband is not here to help me raise our daughter. I am so depressed I have started seeing a therapist and trying to keep my sanity for the sake of my child. I have spent over $10K on a number of lawyers that have all said different things.

The main thing I keep on hearing from lawyers is the only thing that might work is either an E visa (investor visa), H1 visa (working visa) or some other one which I forgot. The E visa is out of the question because we dont have that kind of money. He is now to late for the H1 visa because the deadline has passed. I dont even know how honest theses lawyers are being with me.

You are probably thinking why cant I go live in UK, well I am a nurse in the ICU and my license does not transfer to the UK. I would need to go to school for a short period of time again over there and have to start over from the beginning. Plus even if I was to do that who would watch our child while I am in school and my husband at work. We have no help in the UK, whereas here in USA my entire family offers me help daily etc. Plus the cost of living in the UK is so high and wages are so low. In US my salary is more than double what I would be making in the UK.

I am so desperate, I am so upset with this entire situation I cant even stand to go out anymore, I see other families so happy and I just wonder what happened to mine. My lawyer once told me "do not let immigration ruin your marriage" but the sad thing is that it has!!! My husband and I fight so much now, we are both in such depression. My husband has had to go on medical leave from this entire situation because he cant cope at work since he misses our daughter so much. I try to keep myself together in the day for my child but at night when she goes to sleep I lose it daily.

I also have heard to try and get some of his convictions removed from his records, which we have consulted with many lawyers in the UK and NO luck with that. The law is so dumb there because they have NO such thing as post conviction relief. So if anyone can offer any advice, or a lawyers name, or something please do!!!

[Ilovemyman 147]

I can advise you about this problem.

The only thing I can tell you is trust in God he is going to show the road.

I know how you feel living without your husband.

Pray to God.

Read the psalm 23 and 91.

and belivehat you read

[NigeriaorBust 4,087]

Getting his records sealed does not help as the crimes must be reported . The form states have you EVER been arrested or convicted. Trying to hide this will only add misrepresentation to your woes and further bar him from the US. A few years back a single drug charge was a lifetime ban and now that can be overcome for pot.

Go over to immigrate2us.net they are the website for troubled immigration paths. You may be able to get a waiver but maybe not people there will know better. Otherwise you are stuck moving there or living apart.

[Hypnos 6,576]

There is a waiver available for crimes involving moral turpitude, so I'm not sure why lawyers have told you there isn't. Seeking any other visa type isn't going to get you anywhere due to his inadmissibility.

Find better lawyers than you have and pursue an I-601 waiver of his inadmissibility; that is literally your only option, other than you moving to the UK.

I also doubt prayer is going to get you anywhere.

As stated above, posting over at http://immigrate2us.net would be a great first step, to get some information regarding filing an I-601 waiver.

[dwheels76 5,459]

I also have heard to try and get some of his convictions removed from his records, which we have consulted with many lawyers in the UK and NO luck with that. The law is so dumb there because they have NO such thing as post conviction relief. So if anyone can offer any advice, or a lawyers name, or something please do!!!

There's hope dear. Hold on take the advice given come back ask questions if you need to.

You will be okay but now its time to step it up and now that you are married it will be a I-130 you will file. You can get that started since the waiver has to be submitted after the denial at interview and Spousal Visas (CR1/IR1) is taking a good year from start to finish if you are lucky. Lately some new filing have been processed through USCIS in 5 months.

So chin up you can do it okay.

[Avery Cates 1,141]

Yikes that's rough. Definitely see what kind of waivers are available.

Maybe look into starting anew in a 3rd country, providing he would be admissible there. England itself has become hard to immigrate to.

[Jawaree 717]

Humanitarian visas are often issued (on rare occasion these days) for

medical reasons that's life threatening or near death situations,its a little

wonder Y a 221G was not issue at the interview when visa was denied.

Although moral turpide a few grams of weed over 10 yrs would not exclude

one from obtaining a wavier , unless there's an additional ban that's life-time

No one here can say without seeing the convictions on the records (guess atty did)

Its best to have all records & hire a WAIVER immigration atty. If given a 221G

that will take an additional 6-12 mths for adjudication (CIMT)

USCIS look at all past records being expunged makes no difference, I suggest U

start gathering documents of his crimes, rehab over the years, Y U cannot go to his

country to live and Y he has to come to the US....good luck its doable if no other bans

Edited May 6, 2014 by Jawaree

[christeen 966]

As Nigeriaorbust suggested... Have a read over at the website immigrate2us.net as they have some very knowledgable folks on waivers... Buckle in and get going... Sitting and stewing over why me ain't gonna get it down, you both gotta do whatever you can...

[RN1234 2]

Thank you all for your comments...but let me clarify every lawyer I have spoken to including lawyers specializing in waivers has told me...

1. My husband is NOT eligible for the i601 waiver because he has 2 convictions, if he only had 1 conviction then he would be eligible.

Trust me I have done my research on this in depth. One thing I did learn from this forum is looking into the 22 21 and the immigration2us website.

I pray everyday and everyday it is getting harder and harder. My daughter is without a dad due to some dumb mistakes he made over 10 years ago.I will post on the other website in hopes for some other answers. Thank you all for your comments, deeply appreciated.

Thank you all for your comments...but let me clarify every lawyer I have spoken to including lawyers specializing in waivers has told me...

1. My husband is NOT eligible for the i601 waiver because he has 2 convictions, if he only had 1 conviction then he would be eligible.

Trust me I have done my research on this in depth. One thing I did learn from this forum is looking into the 22 21 and the immigration2us website.

I pray everyday and everyday it is getting harder and harder. My daughter is without a dad due to some dumb mistakes he made over 10 years ago.I will post on the other website in hopes for some other answers. Thank you all for your comments, deeply appreciated.

[NigeriaorBust 4,087]

Your other hope is waiting out another change in attitude towards pot, but that could be 10 years or more

[Hypnos 6,576]

I believe you are confusing an I-601 waiver with the petty offence exemption for CIMTs. The petty offence exemption is, indeed, capped at one, so if you commit more than a single CIMT you can no longer claim the petty offence exception. An I-601 waiver, however, can be filed even with multiple convictions; here's one such example: http://www.smartimmigrationlawyer.com/i-601-waiver-212h-waiver-crime-involving-moral-turpitude/

[dwheels76 5,459]

Thank you all for your comments...but let me clarify every lawyer I have spoken to including lawyers specializing in waivers has told me...

1. My husband is NOT eligible for the i601 waiver because he has 2 convictions, if he only had 1 conviction then he would be eligible.

Trust me I have done my research on this in depth. One thing I did learn from this forum is looking into the 22 21 and the immigration2us website.

I pray everyday and everyday it is getting harder and harder. My daughter is without a dad due to some dumb mistakes he made over 10 years ago.I will post on the other website in hopes for some other answers. Thank you all for your comments, deeply appreciated.

Thank you all for your comments...but let me clarify every lawyer I have spoken to including lawyers specializing in waivers has told me...

1. My husband is NOT eligible for the i601 waiver because he has 2 convictions, if he only had 1 conviction then he would be eligible.

Trust me I have done my research on this in depth. One thing I did learn from this forum is looking into the 22 21 and the immigration2us website.

I pray everyday and everyday it is getting harder and harder. My daughter is without a dad due to some dumb mistakes he made over 10 years ago.I will post on the other website in hopes for some other answers. Thank you all for your comments, deeply appreciated.

Okay you need to run not walk over to Lauren Scotts website. One of the best known waiver lawyers. On Wednesdays she has free chat sessions you can ask anything for free. But please get in contact with her and read what she says on waivers. She also has a thread or something on immigrate2us.net.

http://www.scottimmigration.net

Edited May 6, 2014 by dwheels76

[Hypnos 6,576]

It's Laurel Scott, not Lauren. I mention it not to be a ####### (though I am), but to avoid any confusion to the OP.

I also hear good things about Liz Cannon with regards to waivers: http://www.lizzcannonlaw.com/

Edited May 6, 2014 by Hypnos

[Boiler 43,430]

One item at a time.

Humanitarian Visa

No reason given so not possible to comment whether it was ever realistic.

Immigrant Waiver

My understanding is that one possession of less than 30 grams is waiverable, he has multiple convictions.

Non Immigrant Visa

A tourist visa could come with a waiver but looks like the issue here is immigrant intent, in spades, so I can see that is realistically not going to happen.

The E2 and H1b etc suggestion is valid in that a non immigrant waiver could apply, practical is another issue. Assuming he is not coming as an investor he is looking for a job with an Employer who will sponsor him knowing the extra issues due to his criminal past, well unless he is gods gift the chances of all those things combining seem limited.

So the most logical solution is for the OP to move. Seems she has the advantage of transferable skills.

[Jawaree 717]

I believe you are confusing an I-601 waiver with the petty offence exemption for CIMTs. The petty offence exemption is, indeed, capped at one, so if you commit more than a single CIMT you can no longer claim the petty offence exception. An I-601 waiver, however, can be filed even with multiple convictions; here's one such example: http://www.smartimmigrationlawyer.com/i-601-waiver-212h-waiver-crime-involving-moral-turpitude/

Ditto.......Also read up on FAM 40.......Your research is not thorough so OP an atty

is needed unless there is something else, the 2 attys mention above is great U can

add Carl Shusterman to that list...try not to stress too much