spouse

[Roxcee 0]

Hi,

i just want to see if i can get any help here, it's really complicated. My husband came to the States when he was 7, he was brought here by his parents. He grew up here. On December 6,2006 we went to Juarez mexico for his final visa interview. he was denied under section 212 (a) something about someone who is a drug addict( which he is not ) or abuser (maybe) is inadmissible. He is not an addict and he has been clean since he got to mexico which was 5 months ago. He was also denied for being in the country illegal. My question is after the 3 years does he also face the 10 year bar? Supposedly immigration told him he needed to remain clean for a period of 3 years as stated under the immigration and nationality act and if he did that when he returned for his second interview he should be ok but i have my doubts in the immigration system. I don't understand why they persecuting him for trying to do the right thing and not just him our family. we have a 3 year old daughter that asks everyday when is daddy coming home. Couldn't they have given him some sort of probation or a chance at rehabilitation instead? ahhhh, this is just such a nightmare!

thanks to all that answer

[kitkat1 5]

Roxcee, as you now know, an applicant has to be drug-free or with proof of rehabilitation for 3 years before reapplication for a visa according to the law. Illegal presence in the country is also in ineligibility but it can be overcome with a 601 waiver and a strong hardship letter. Since he was illegal in the US for more than 180 days, he faces a 10 year ban. Only 3 years of that ban will be up by the time you reapply so yes, he needs to apply for a 601 waiver to overcome the ban. At that time, you will need to write a strong letter proving extreme harship to you if his visa is ultimately denied and your family is forced to relocate permanently to Mexico.

I suggest you start with a consult with attorney Laurel Scott who can walk you through the requirements when he goes to reapply in three years. There are rules about how to prove he has been rehabilitated. She also has an excellent memo posted on her site about the 601 waiver. www.visacentral.net

Then I would start reading about the 601 waiver and hardship letters in the 601 forum on www.immigrate2us.net

You actually do currently have the chance at rehabilitation - they are allowing him the chance to reapply in three years, assuming he can prove he is no longer a drug abuser. There is no probation or anything like that because the law is very very clear on drug abuse and illegal presence (you can read more here: Classes of Aliens Ineligible to Receive Visas http://www.travel.state.gov/visa/frvi/inel...ties_1364.html). It's unfortunate that you didn't know this before.

[Roxcee 0]

Roxcee, as you now know, an applicant has to be drug-free or with proof of rehabilitation for 3 years before reapplication for a visa according to the law. Illegal presence in the country is also in ineligibility but it can be overcome with a 601 waiver and a strong hardship letter. Since he was illegal in the US for more than 180 days, he faces a 10 year ban. Only 3 years of that ban will be up by the time you reapply so yes, he needs to apply for a 601 waiver to overcome the ban. At that time, you will need to write a strong letter proving extreme harship to you if his visa is ultimately denied and your family is forced to relocate permanently to Mexico.

I suggest you start with a consult with attorney Laurel Scott who can walk you through the requirements when he goes to reapply in three years. There are rules about how to prove he has been rehabilitated. She also has an excellent memo posted on her site about the 601 waiver. www.visacentral.net

Then I would start reading about the 601 waiver and hardship letters in the 601 forum on www.immigrate2us.net

You actually do currently have the chance at rehabilitation - they are allowing him the chance to reapply in three years, assuming he can prove he is no longer a drug abuser. There is no probation or anything like that because the law is very very clear on drug abuse and illegal presence (you can read more here: Classes of Aliens Ineligible to Receive Visas http://www.travel.state.gov/visa/frvi/inel...ties_1364.html). It's unfortunate that you didn't know this before.

How do i contact laurel Scott?

[homesick_american 1]

Roxcee, as you now know, an applicant has to be drug-free or with proof of rehabilitation for 3 years before reapplication for a visa according to the law. Illegal presence in the country is also in ineligibility but it can be overcome with a 601 waiver and a strong hardship letter. Since he was illegal in the US for more than 180 days, he faces a 10 year ban. Only 3 years of that ban will be up by the time you reapply so yes, he needs to apply for a 601 waiver to overcome the ban. At that time, you will need to write a strong letter proving extreme harship to you if his visa is ultimately denied and your family is forced to relocate permanently to Mexico.

I suggest you start with a consult with attorney Laurel Scott who can walk you through the requirements when he goes to reapply in three years. There are rules about how to prove he has been rehabilitated. She also has an excellent memo posted on her site about the 601 waiver. www.visacentral.net

Then I would start reading about the 601 waiver and hardship letters in the 601 forum on www.immigrate2us.net

You actually do currently have the chance at rehabilitation - they are allowing him the chance to reapply in three years, assuming he can prove he is no longer a drug abuser. There is no probation or anything like that because the law is very very clear on drug abuse and illegal presence (you can read more here: Classes of Aliens Ineligible to Receive Visas http://www.travel.state.gov/visa/frvi/inel...ties_1364.html). It's unfortunate that you didn't know this before.

How do i contact laurel Scott?

She gave you the URL, it's www.visacentral.net.

[Roxcee 0]

Roxcee, as you now know, an applicant has to be drug-free or with proof of rehabilitation for 3 years before reapplication for a visa according to the law. Illegal presence in the country is also in ineligibility but it can be overcome with a 601 waiver and a strong hardship letter. Since he was illegal in the US for more than 180 days, he faces a 10 year ban. Only 3 years of that ban will be up by the time you reapply so yes, he needs to apply for a 601 waiver to overcome the ban. At that time, you will need to write a strong letter proving extreme harship to you if his visa is ultimately denied and your family is forced to relocate permanently to Mexico.

I suggest you start with a consult with attorney Laurel Scott who can walk you through the requirements when he goes to reapply in three years. There are rules about how to prove he has been rehabilitated. She also has an excellent memo posted on her site about the 601 waiver. www.visacentral.net

Then I would start reading about the 601 waiver and hardship letters in the 601 forum on www.immigrate2us.net

You actually do currently have the chance at rehabilitation - they are allowing him the chance to reapply in three years, assuming he can prove he is no longer a drug abuser. There is no probation or anything like that because the law is very very clear on drug abuse and illegal presence (you can read more here: Classes of Aliens Ineligible to Receive Visas http://www.travel.state.gov/visa/frvi/inel...ties_1364.html). It's unfortunate that you didn't know this before.

How do i contact laurel Scott?

She gave you the URL, it's www.visacentral.net.

right, a little blind there thanks

[Roxcee 0]

Hi,

i just want to see if i can get any help here, it's really complicated. My husband came to the States when he was 7, he was brought here by his parents. He grew up here. On December 6,2006 we went to Juarez mexico for his final visa interview. he was denied under section 212 (a) something about someone who is a drug addict( which he is not ) or abuser (maybe) is inadmissible. He is not an addict and he has been clean since he got to mexico which was 5 months ago. He was also denied for being in the country illegal. My question is after the 3 years does he also face the 10 year bar? Supposedly immigration told him he needed to remain clean for a period of 3 years as stated under the immigration and nationality act and if he did that when he returned for his second interview he should be ok but i have my doubts in the immigration system. I don't understand why they persecuting him for trying to do the right thing and not just him our family. we have a 3 year old daughter that asks everyday when is daddy coming home. Couldn't they have given him some sort of probation or a chance at rehabilitation instead? ahhhh, this is just such a nightmare!

thanks to all that answer

Is there a way that i could appeal the decision and have my day in immigration court

[kitkat1 5]

Is there a way that i could appeal the decision and have my day in immigration court

There is nothing to appeal. It's the law and he either admitted to prior drug use or it was found in his system. As you stated, he was only clean for the 5 months he was in Mexico. This is not sufficient as the US doesn't give visas to drug abusers. That's just how it works. During the three year wait, he needs to prove rehabilitation. You can choose to move there during that time. That is currently truly your only option.

Section 212(a) of the Immigration and Nationality Act

(iv) who is determined (in accordance with regulations prescribed by the Secretary of Health and Human Services) to be a drug abuser or addict, is inadmissible.

[Roxcee 0]

Hi,

i just want to see if i can get any help here, it's really complicated. My husband came to the States when he was 7, he was brought here by his parents. He grew up here. On December 6,2006 we went to Juarez mexico for his final visa interview. he was denied under section 212 (a) something about someone who is a drug addict( which he is not ) or abuser (maybe) is inadmissible. He is not an addict and he has been clean since he got to mexico which was 5 months ago. He was also denied for being in the country illegal. My question is after the 3 years does he also face the 10 year bar? Supposedly immigration told him he needed to remain clean for a period of 3 years as stated under the immigration and nationality act and if he did that when he returned for his second interview he should be ok but i have my doubts in the immigration system. I don't understand why they persecuting him for trying to do the right thing and not just him our family. we have a 3 year old daughter that asks everyday when is daddy coming home. Couldn't they have given him some sort of probation or a chance at rehabilitation instead? ahhhh, this is just such a nightmare!

thanks to all that answer

Is there a way that i could appeal the decision and have my day in immigration court

I noticed that some people have filed the cr1 as well as the k-3, should i think about doing that or would it not benefit me since he already has had an interview and has been denied. Does anybody know how far back they test for the use of illegal substances?

[kitkat1 5]

I noticed that some people have filed the cr1 as well as the k-3, should i think about doing that or would it not benefit me since he already has had an interview and has been denied. Does anybody know how far back they test for the use of illegal substances?

Some people file two petitions to get a faster interview date. As you stated, he has already had his interview and has already been denied due to drug use. Another petition and another interview will have the same result. His only option now is to prove rehabilitation and apply again in three years.

It appears that any prior drug use is an inadmissibility, but clearly in the prior three years creates serious problems.

Using the CDC guidelines, Civil Surgeons and Panel Physicians review the applicant's medical history during the medical exam and ask questions considered necessary to determine whether or not there is any current or past use of any drugs or other psychoactive substances (other than strictly experimental). Applicants may also be required to undergo additional testing for substance abuse.

[Roxcee 0]

Is there a way that i could appeal the decision and have my day in immigration court

There is nothing to appeal. It's the law and he either admitted to prior drug use or it was found in his system. As you stated, he was only clean for the 5 months he was in Mexico. This is not sufficient as the US doesn't give visas to drug abusers. That's just how it works. During the three year wait, he needs to prove rehabilitation. You can choose to move there during that time. That is currently truly your only option.

Section 212(a) of the Immigration and Nationality Act

(iv) who is determined (in accordance with regulations prescribed by the Secretary of Health and Human Services) to be a drug abuser or addict, is inadmissible.

I talked yo him about going to AA and NA but he seems concerned about walking at night, i don't blame him, i often wonder if he is going to make through the 3 years alive. he feels that it;s dangerous for him to be out alone at night and it is. I went down with my daughter about a week ago to go see him. He says that in order for him to do any of the programs he would have to travel far which would make him having to walk home in the dark. I was down there and where he is everyone takes buses and then walks to get to their house. i really worry about his safety and i just pray to god that nothing will happen to him. Do you have any advise on what i should tell him to do? ohh thank you for the lawyer references.

[Chica Yeyé 41]

I talked yo him about going to AA and NA but he seems concerned about walking at night, i don't blame him, i often wonder if he is going to make through the 3 years alive. he feels that it;s dangerous for him to be out alone at night and it is. I went down with my daughter about a week ago to go see him. He says that in order for him to do any of the programs he would have to travel far which would make him having to walk home in the dark. I was down there and where he is everyone takes buses and then walks to get to their house. i really worry about his safety and i just pray to god that nothing will happen to him. Do you have any advise on what i should tell him to do? ohh thank you for the lawyer references.

Roxcee

don't take this the bad way but knowing a lot of people in recovery I can tell you.... if you want sobriety, you find a way. I hope he comes around and goes to whichever program he chooses - as for the visa the kittikatters has it right... nothing to do for the next 3 years. Contact the lawyer maybe he will have more options. Best of luck.

[Bobbie 1]

Send him the AA book. Get it in Spanish, they have it.

Good Luck to you and to him.

[kitkat1 5]

I talked yo him about going to AA and NA but he seems concerned about walking at night, i don't blame him, i often wonder if he is going to make through the 3 years alive. he feels that it;s dangerous for him to be out alone at night and it is. I went down with my daughter about a week ago to go see him. He says that in order for him to do any of the programs he would have to travel far which would make him having to walk home in the dark. I was down there and where he is everyone takes buses and then walks to get to their house. i really worry about his safety and i just pray to god that nothing will happen to him. Do you have any advise on what i should tell him to do? ohh thank you for the lawyer references.

I don't mean to sound harsh because I know there are place in Mexico where it isn't safe to walk at night. But seriously, if he wants to be eligible for a visa in the future, he has to find a way to do it. Maybe he could find someone there who drives and he could pay for gas so they drive him home. Maybe he can find a place to go during the day on Sunday. Maybe he has to move to another city. But if he wants to find a way, he'll find one. The best advice is this - tell him he these are the options: find a way to do it or your only option in the future will be for you and your daughter to move to Mexico, permanently. If he cannot prove rehabilitation (and that means documentation of weekly meetings and whatever else the consulate requires) then he will not be allowed back in this country. No visa. Ever.

[Roxcee 0]

Send him the AA book. Get it in Spanish, they have it.

Good Luck to you and to him.

thank you for your advise that sounds like a good idea.

He wants to go and he is willing to do whatever it takes but he also doesn't want to be in a situation where he might have to fight for his life. It's a safety issue and i get him. I was down there and saw for myself. around where he lives there's this gang that they call the 40 ouncers and they roam the streets at all hours of the night starting at about 7 and if they catch by yourself you better watch out. They were messin' with him one of the days that we were there while we were walking back home with our daughter. I just want people to know that it's not him not wanting to do what he needs to do but the fact the the ways of trying to do something there is very limited. He'll find something hopefully but since he's never lived in mexico until now he has to learn as he goes also.

[Roxcee 0]

I talked yo him about going to AA and NA but he seems concerned about walking at night, i don't blame him, i often wonder if he is going to make through the 3 years alive. he feels that it;s dangerous for him to be out alone at night and it is. I went down with my daughter about a week ago to go see him. He says that in order for him to do any of the programs he would have to travel far which would make him having to walk home in the dark. I was down there and where he is everyone takes buses and then walks to get to their house. i really worry about his safety and i just pray to god that nothing will happen to him. Do you have any advise on what i should tell him to do? ohh thank you for the lawyer references.

I don't mean to sound harsh because I know there are place in Mexico where it isn't safe to walk at night. But seriously, if he wants to be eligible for a visa in the future, he has to find a way to do it. Maybe he could find someone there who drives and he could pay for gas so they drive him home. Maybe he can find a place to go during the day on Sunday. Maybe he has to move to another city. But if he wants to find a way, he'll find one. The best advice is this - tell him he these are the options: find a way to do it or your only option in the future will be for you and your daughter to move to Mexico, permanently. If he cannot prove rehabilitation (and that means documentation of weekly meetings and whatever else the consulate requires) then he will not be allowed back in this country. No visa. Ever.

I am not mexican so that is not going to happen besides i love what AMERICA HAS to offer me.