esmi

i understand now

when they said no waiver for this charge meaning to say that the conviction is not that high that there should be a waiver for it...

The fact that you would have to prove that you can't live in Pakistan would normally be the challenge here.

Not so in this case: your husband is inadmissible to the U.S. for life. He will never be able to get any kind of visa to the U.S. again based on the drug conviction. No lawyer, not even he very best expert and at a retainer of $25K (which it can cost) will be able to help you here. It's not because of a mishap or an accident, it's because he got in trouble with the law more than once, and one of them is a serious illegal drug offense. It will never go away in the eyes of Uncle Sam, you will need to come to terms with that and try to live your life outside the U.S.

i am confused.. if they felt/knew that he could not re-enter the US why waste time and money asking us to file the i-601 waiver in the first place

when he went to the first interview . they said they will check the drug charges(paraphernalia) and the othe convictions then they sent us a letter, afterwords saying that he can apply for a waiver

when we went to deliver the waiver , they said just to submit only one (even though we went with 2, which were the 212 and 601 waivers) . they told us just to submit the 601 waiver , they said thats the only one concerning our situation,, then they asked for a hardship letter .. we sent all the required documents then after all that they asked for additional information... (which we provided) but they did not ask nothing concerning his convictions....even though at that time the interviewer knew about his convictions and she said she will investigate.

i am an american citizen ....and he is a pakistani citizen .....we have been living in pakistan for over 10 years

with my 4 children...after filling for a waiver i-601 ...we were denied ....they gave us a form to fill ...but the submission date has past ....so what do we do now

..the reason for denial was that he had a couple of misdeminours

(please not these convictions were about 10 to 15 years ago)

the convictions are:

(as noted on the denial paper)

1.on oct 7 1999 my husband was convicted of possession of drug paraphernalia .records reveal that you(my husband) knowingly or intentionally possessed a crack pipe to be used to inhale a controlled substance in violation. the court fined him $500

2.on july 30 1992 , he was convicted of unlawfully carrying a weapon .records reveal that you(my husband) intentionally and knowingly carried a hand gun on and about your person. the court fined him $100 and ordered him to serve 180 days in jail and one year probation)

3.one of his convictions is a controlled substance violation for which no waiver is available. this conviction was not for simple possession of 30 grams or less of marijuana .

you are inaeligible to apply for a waiver for this inadmissibility and consequently no purpose would be served in granting the application

we are not sure what to do situations here are really bad

please help us understand

and thank u in advance

I finally sent the extra evidence the embassy in Bangkok required I sent it today. does anyone know how much time does it take to receive a response

I think it would be helpful to outline the hardships you are claiming in the I601 packet to give us an idea of what to suggest for evidence.

Although living outside the US does present a challenge in proving you can't live outside the US without your husband, certainly the country conditions do present some issues. You should also post the denial letter removing the personal information name etc, and that can also give us some clues to why the first packet was denied.

Some ideas,

Significant issues of health. If you are claiming medical hardships letters from doctors and hospitals etc, would be the evidence in support of those claims.

If you are claiming financial hardship then bills, credit report, comparisons on what you could make in your profession in the US vs Pakistan as well as your SS earnings statement etc, would provide that evidence. Likely over the past 10 years you have not made significant contributions to your SS account or your 401k so the length of time you have already spent in Pakistan is effecting your future retirement income.

Family ties in the US. If you have family in the US proof of family ties is a significant consideration in the hardship waiver. Are your parents or family in the US? Are your parents elderly and in need of your help? How will not having access to the family in the US effect you? How has it effected you over the last 10 years? This can also be tied to financial hardship if you cannot overcome the financial burden of being overseas and cannot afford trips home to visit family.

Educational opportunities. Are there children involved? Are they US Citizens? How is this impacting on them and their future or present education? How is that affecting you as a parent?

Read some cases, there are good links in the research area on the I601 forum on VJ and see how the government decided for and against approval in meeting the hardship standard. Its not enough to claim hardship its got to be proven by supporting documentation. Also in exercising discretion depending on what the reason for the waiver, you have to prove there are more mitigating circumstances than aggravating ones. Letters from friends, family and employers attesting to the good moral character of the alien and if necessary rehabilitation.

What was the waiver needed for? Did the original denial say although your case met hardship it was simply the lack of evidence in the packet that led to the denial?

You may want to get an attorney if you are not comfortable with this process.

good luck and keep us posted.

i guess we didnt provide enough evidence supporting our statments in the last hardship letter and we were asked to provide it to them.

now the point is where can we get evidence

the main point is that my husband has been our families complete support even when we were in the states .i never worked in my life, since the time he was in america till the time he left and even now. he was convicted of 2 misdemeanour's one being he worked in a convenient store he sold a pipe with a flower in it (cops said it was a drug pipe 1 conviction) another being that he got robbed so he bought a gun which was unlicensed (so thers the second conviction rite there)

thats one part of the story

we have 4 daughters 2 of which go to school and 1 goes to college and due to conditions whether it is financial or political it is hard on the family

I am the petitioner to my husbands I-160 waiver case. i have been in pakistan for 10 years going on 11 . i have received a letter from the Bangkok US EMBASSY saying that we need to submit a letter of hardship with solid proof (even though we already sent one before, but they said it was unsatifactory evidence).this all is for my husbands waiver I -601. how am i suppose submit the hardship letter and wht amount of evidence is sufficient to get an approval to my husbands case.

thank you all for the advice and for taking the time to read and reply to my problem

i am really confused.

I am an american citizen married to a pakistani and have 4 children(all american citizens)

my husband is a pakistani and due to his visa being expired we moved to pakistan, before they can deport him(he voluntarly left the country). we lived in pakistan for 10 years going on 11 in july. the only crime my husband has ever been convicted of was 2 misdemeanour's. we started our immigration case about 3-4 years ago. every thing has been approved except when my husband went to his interveiw in islamabad on march 18 2010, he was denied. now we filled the waiver I-601 on AUGUST-23-2010.AFTER FILLING IT TO THE ISLAMABAD EMBASSY WE WERE TOLD IT WAS SENT TO NEW DEHLI AND WE DIDNT HEAR ANY THING AFTER THAT FROM EITHER OF THE EMBASSYS.

MY QUESTION IS ARE WE SUPPOSED TO HEAR SOME THING,LIKE SAYING THEY RECEIVED OUR WAIVER OR SOMETHING

AND NOW IT HAS BEEN OVER SIX MONTHS FROM THE RECEIPT DATE

HOW LONG WOULD A CASE LIKE THIS TAKE

THANK YOU IN ADVANCE