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apw100

Advice on I-601 waiver for marijuana possession

By apw100 in Waivers (I-601 and I-212) and Administrative Processes (221g)

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apw100 Rookie

apw100   8

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Ten years ago my wife, who is Serbian, was hanging out in a park with a friend when the police decided to search them. She was charged with possession of marijuana (less than 2 grams), paid a fine and the charge was dropped.

She recently had her interview at the Belgrade embassy for a CR1 visa and, as we expected, her application was refused because she was ineligible under Section 212(a)(2)(A)(i)(II) of the INA. The officer suggested that we file for an I-601 waiver. 

 

Can anyone offer any advice on the I-601 waiver process? Should I hire a lawyer or do it myself?  She now has a clean police record (in fact, they couldn't even find a record of her being charged at all), she passed her drug test for the immigration physical and we have documents (original and translated) from the prosecutor's office stating that the charges were dropped.

 

What about the "extreme hardship" qualification? I have moved to Serbia for the time being but I will need to go back to the US sooner than later in order to support us financially. 

Crazy Cat Grand Master

Crazy Cat   41,981

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Filed: Citizen (apr) Country: Taiwan
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I would hire an immigration attorney who has experience with waivers.

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

Letspaintcookies Experienced

Letspaintcookies   2,310

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45 minutes ago, apw100 said:

What about the "extreme hardship" qualification? I have moved to Serbia for the time being but I will need to go back to the US sooner than later in order to support us financially. 

And that's exactly why you need a lawyer who's experienced with this kind of waiver. They know how to word that thing right.

Boiler Grand Master

Boiler   45,670

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Filed: K-1 Visa Country: Wales
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http://www.scottimmigration.net/content/i601memo

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

  • 1 month later...
Crazy Cat Grand Master

Crazy Cat   41,981

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1 hour ago, Harshaan said:

When did you file your I 601?

I didn't.   

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

  • 5 weeks later...
Stylophora2008 Rookie

Stylophora2008   3

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Filed: Timeline
Posted

If you can go with her to another country then you cannot claim extreme hardship. In order for you to claim extreme hardship, USC needs to prove reasons why moving to another country would cause extreme hardship also, why you would experience extreme hardship without her here. You also need to provide legal argument on the inadmissibility.  This is why others suggested you hiring a lawyer.

 

I recommend Lizz Cannon. She was my attorney.

 

Good luck!

 

 

Boiler Grand Master

Boiler   45,670

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Filed: K-1 Visa Country: Wales
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I second Lizz  Cannon

 

I have seen it successfully argued after going to another country - look I gave it a go but all these hardships....

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

apw100 Rookie

apw100   8

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Thanks for the advice, everyone. We hired Lizz and I’m optimistic. Living over here permanently isn’t an option. My mom has health issues and I really need to be around to help her. Besides, I could never find sufficient employment here since I don’t speak the language. 

Stylophora2008 Rookie

Stylophora2008   3

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Filed: Timeline
Posted
On 2/9/2022 at 4:07 PM, Stylophora2008 said:

If you can go with her to another country then you cannot claim extreme hardship. In order for you to claim extreme hardship, USC needs to prove reasons why moving to another country would cause extreme hardship also, why you would experience extreme hardship without her here. You also need to provide legal argument on the inadmissibility.  This is why others suggested you hiring a lawyer.

 

I recommend Lizz Cannon. She was my attorney.

 

Good luck!

 

 

I shouldn't have said you cannot claim extreme hardship if you moved to another country. You definitely can and with Lizz as your attorney, I am sure everything will work out for you. Best of Luck!!!!

Navis Chra Rookie

Navis Chra   6

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Filed: K-1 Visa Country: Canada
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Posted

How much is an attorney costing for this sort of thing? I had an attorney quote me $5000. 

My fiance also has a record for possession but we filed for a U.S. Entry waiver and have an approved one. However during the interview, my fiance was asked to have a 601 waiver done too. Now we are in the process of the getting that together. Anyone have an idea as to what the timeline is like for these waivers? Our visa approval is pending on the waiver. 

Boiler Grand Master

Boiler   45,670

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted (edited)

That does not sound too far from what I have seen as far as a see is concerned, quite a bit of work.

 

Timelines now are a bit of a guess, seems a year or so?

Edited by Boiler

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

 
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