MrsAwakened

I think this has been discussed before or a case very similar.

Probably but I can't find anything. I always look before posting. I've made posts about my situation but I only just recently was in this specific problem where we are waiting for them to investigate. I posted, hoping people would bring their experience with it. I want to know how...common...it is, I guess. lol

lol I never felt it would be easy.

I actually just got an email from the embassy (I emailed them last week) and they said they will discuss it in the near future.

My husband and I are like that too with taking pics hahaha I love photography so I just try to get pictures of him when I feel he's accidentally posing. I'm sure he's like, "whyyyy!" lolol Anyway, in our situation (I-130 Marriage),we sent marriage certificate, developed all the photos we did have together (and any that had mutual friends and family with us), facebook statuses with the other tagged showing the number of people liking it (showing we are public about our relationship), and any paperwork that had both our names on it (there was like...one (bank)! haaa).Then, when he went to the interview, they asked him for the same pictures. So just in case, develop the pictures twice hahah I happened to just tell him to bring the pictures. They actually asked him for them! All this other proof you have, feel free to add it to the send pile. Anything you don't add, just be ready with it for the "bring to interview pile". It's better to have too much.

Fortunately, he wasn't deported for an aggravated felony. He was deported under 237(a)(2)(B)(i) for marijuana.

There is a waiver (I-601) if it's "a single offense of simple possession of 30 grams or less of marijuana"
https://www.uscis.gov/sites/default/files/files/form/i-601instr.pdf (Under "Reasons for Inadmissibility" page 10 & 11)

We're waiting to see if he truly fits under that requirement. We wont know until they finish investigating his criminal history.

He would have to be in the US to be Deported again.

Was he dealing?

Well, I just mean instead of only being deported for 6 more years, being deported for another 10 or longer.

I don't mean him coming back and then leaving again.

Nope. Fortunately, he wasn't dealing.

He was deported under 237(a)(2)(B)(i). That's a drug clause. Immigration told us he was deported because of marijuana.

I talked to two lawyers. The first one (Liz Cannon) saw his criminal history (because I asked her to get it from the court) and she said it looks like he only has 1 conviction for marijuana and if that's true, he shouldn't have been deported. The second lawyer said that even if Immigration did mess up, they could go back and try to re-deport him for his minor record. They both recommended we put in a request for his A-file because no one can decide anything without seeing it. I was ready to pursue these new details but with the possibility of him getting re-deported, I think that's not the right thing to do at this time. So...we're screwed no matter what. We do intend to request his A-file. This is all kind of weird. Only time will tell what in the world is going on. I just feel like his info is sitting on someone's desk and one day, 5 months from now, someone might actually look at it. I just wish I knew the process.

Maybe:

1. Embassy receives Criminal History

2. Someone at embassy investigates or they send to USCIS or something.

3. Investigation is done

4. Someone in Embassy calls my husband to make a new interview

5. They tell my husband if he is eligible for waivers (If yes, we send waiver forms. If no, we go from there)

6. We wait a long time until someone in the US approves it

7. Visa

9. Eat Tacos together

10. Green Card

hahah

https://www.uscis.gov/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-29/0-0-0-5684.html

My husband was deported under 237(a)(2)(B)(i) after being an LPR for 14 years. It's been about 2 1/2 years since then.

He has already been through the whole I-130 process and went to his interview. We sent his Criminal History to the embassy and about 2 weeks after, I called and the lady said they were "investigating" his criminal history and would contact us. Now it's almost been 3 months and nothing has happened. I've been reading other people's stories where they've already been able to use the waivers and are just waiting for them to get approved or denied. We're not even at the step were they tell us he can use a waiver or not. Has anyone else experienced this before? My theory, based on research, is that his criminal history isn't simply black and white so they need to make sure they are thorough. There are nolle prossed/dismissals (not enough proof), a sealed case, a really old abeyance as a minor (I'm sure they want to make sure it was taken away), felonies as a minor (yeah, yeah it looks bad...but it's "HISTORY" haha). If you were to look back on his criminal history, you'd say he was VERY fortunate. Some prosecutors can be vicious and try to pile stuff on that you didn't even do! We have given proof that he is not like any of that anymore...so not black and white. I'm thankful they put in the effort to help prevent bad people from entering/reentering the US. I'm just wondering if anyone else has experienced this or heard of it. If so how long did it take? I know these places are backed up so I'm trying to think of it that way. It's just weird. It's not like we're waiting for someone to approve a waiver or not (I've seen that can take 10+ months). We're simply waiting for them to finish investigating his criminal history for someone to decide if he could use the I-601 and I-212. I get it but it just feels weird!

Thanks for answering my question!

Hellloooo everyone.

My question is pretty simple...I think?

I know the US doesn't specifically talk about Dual citizenship but I was told/read that if you keep your old passport and your birth country allows it also (???) then you're technically a dual citizen? Correct me if I'm wrong!

1. If someone has just become a US Citizen but still has their passport from their country of birth, are they technically a dual citizen?
2. If so, would the new US citizen still have to follow the visa requirements if they are going to visit their country of birth (same as non-US passport)?
--- For example, Bosnia says a US citizen does not need a visa if they are only staying 90 days. If you are staying longer, you need a visa.

3. Do they still have to get a visa to stay longer?

I hope this makes sense lol I tried to think this out before I wrote it but now that I'm writing it, it seems all over the place.

Now my question about LPR Status..

I know if a LPR is going out of the country for longer than 6 months (???) the US immigration officer at the POE can deny them re-entry and take away their green card. If a LPR is going to travel, can they simply go for 5 months and come back to the US without a problem? I know there are EXPENSIVE forms you can fill out to stay longer in a foreign country but they're too expensive.

I created a word document and imported the pictures into it (2 pics per page). This allowed us to type comments below the pics as well.

Argh! So smart! I have no idea why I didn't think of this. I just got the pictures developed professionally and it didn't cost a lot (Sam's Club! ). Then I just wrote the day and who was in it but your idea is so smart and simple! I developed mine because I wanted good copies for myself. xD I needed some "old school" pictures instead of just keeping them all digital.

Yay GR, MI! woot woot...okay had to say that. Anyway, I know how you feel! When I looked up flights for Delta, simply going from GR to Chicago had a super long flight time? I have no idea if I read it wrong or what. Just make sure you buy all your tickets at the same time and take advantage of the option to pick your seats. Everytime I fly from here to Europe and vise versa, I have used United and they allow you to choose your seats. Just make sure you make that a quick priority as soon as it's allowed. I've never booked with Delta because I never thought of it. Then when I thought of it, I didn't do it for the same concern you have (extreme mixed reviews). My advice is checking if Delta allows you to pick your seats. If yes, do it asap!

what do you mean about this 3 month thing ...?

As a US citizen, you don't need a visa to go to Bosnia if you're only going for 90 days (3 months).

But once you leave Bosnia, you have to wait a certain amount of time until you can legally go back to Bosnia.

If you want to stay longer than 3 months, you do need a visa. This time we didn't get one for me so, legally, I had to leave.

They told him that I couldn't come back for 3 months. The 3 months have passed (about a week or so ago).

I can go now but I'm trying to wait until his interview passes so I can know what I need to do next before I leave the US.

Also, I don't want to bring too much stuff to Bosnia if we'll just have to pack it all back up! hahah

Plus, we'll be traveling with an animal so I don't want to have a bunch of other stuff to deal with.

Everyplace has it's pros and cons, it could be a lot worse, but I'm not satisfied with life in Bosnia nor the country itself at all. No more BH Post for me! DHL is the way to go!

I think the thing that I will miss about Bosnia are the rivers and streams. They're so cool and relaxing...minus the pollution and chicken feet people throw in there..hahaha.

Lord have mercy on that country!

Well, I hope everything turns out well for you in the US!

Thank God, NVC requested photocopies of my civil documents so I just scanned them and sent by email to my father to print them. I have to bring photocopied originals to interview. BH Post already delayed my case for few months because they lost my mail with birth certificate, pictures etc, in short, documents for I-130.... And people ask me why am I so happy for moving from Bosnia

hahahah yes slow mail and no jobs! Those are reasons enough to leave.

Hopefully they stop losing your stuff. -_-'

Hey stay positive, it is harder to get back in, but for many it has happened.

Once outside the US one cannot get a pardon easy..you can ask your Senator

to help with reforms, but by themselves they wont change laws & yes some of

them are leery about going all out to get an immigrant with a criminal case back

in. With a US record its hard going to Canada even a DUI....Liz is good

I'm trying. It's easier when you're in the same place but I needed to go back to the US to deal with this stuff.

I was only suppose to be gone a month but we found out that when you go for 3 months and then leave, you have to wait 3 months outside in your home country before you can legally return. So I've just been working and doing all this stuff. I've been praying for a miracle like this. I was thinking, "Maybe he really has just one conviction and this was all a mistake"... 0.o then it happens. I'm thanking God constantly. I've wanted to be a lawyer long ago but decided criminal psychology is the thing for me, so I'm not very good with these court terms yet. I was very skeptical to hire an attorney. But in the course of a few weeks, Lizz and one other attorney have actually been nice and honest. This one attorney for someone/something else flat out said the problem is not worth paying $6k + to hire him. We were shocked. I know not all attorney's are bad but it's hard not to still be skeptical.

I believe it's not easy. I'm glad they wouldn't just let anyone back inside! That would be outrageous. There are already people inside that shouldn't be here either but they're just good at not getting caught! America has a bad government reputation but I think we can all admit that they are right about a lot of stuff. Hahah

He did not get deported just for MJ possession under 30gr.

Much easier to fight a deportation that to seek re admittance.

What confuses me is that he seems to not know why he was deported or details of his criminal history?

Thanks for replying.

That's the thing, we DID know why he was deported at first. They gave us this paper that explains why he was deported and for how long. Now that Lizz Cannon told us about the nolle prossed, we are confused. The hostile immigration officer was insisting he had commited a felony and that he could never come back. Then another immigration officer at a completely different time said, "Yes, he can". Also, we found out the day he got taken that he was really meant to be taken the year before with his brother (long story that doesn't involve my husband) but they were trying to be nice or something? O.o All of this is weird. My husband does know about his criminal history. The thing is, when you come to this country as a child refugee, no one is eager to explain how crimes and your immigration status go together. They're busy trying to teach you English and making you feel comfortable in the new place you've been thrown into. He made very bad choices but was not thinking, "hey, I should remember every single detail because I might get deported someday". He had a reality check when they took his brother. I'm the opposite of that and sometimes I try to remember things just in case they are necessary later. He's not a lawyer, he's not going to remember "nolle prossed" for no reason. I'm a lawyer at heart and I'll remember it for the rest of my life now hahah It's just how we are. That doesn't mean he's a ____ *insert negative adjective here*. We lived different lives. Now our lives have become one and we're putting our head together to deal with past mistakes.

My question is, if he wasn't deported for that, why would they give that clause as the reason he was deported? The paper we were given was for the 212 code and then when we couldn't find the paper (again, my fault), we called the court and the lady gave the clause 237(a)(2)(B)(i). The lawyer looked at his history and said he actually only has 1 conviction and the other is a nolle prossed. The only other thing he has as an adult is a DUI. I saw the records myself, he is not hiding anything. The reason I had to hire Lizz Cannon was because they wouldn't release the whole record of the nolle prossed one because other people were involved and they needed to protect it (which is a joke cause most of their info was on there). They simply gave me some weird police report that barely mentioned my husband but gave great detail about some dude who was there that day. Plus, the embassy wanted his minor record and that also required a court. Courts don't like that. So that's where Ms. Cannon came into the picture. She's done a great job so far.

237(a)(2)(B)(i)

https://www.uscis.gov/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-29/0-0-0-5684.html

"INA: ACT 237 - GENERAL CLASSES OF DEPORTABLE ALIENS"

Sec. 237 1/ [8 U.S.C. 1227]

(a) Classes of Deportable Aliens.-Any alien (including an alien crewman) in and admitted to the United States shall, upon the order of the Attorney General, be removed if the alien is within one or more of the following classes of deportable aliens:

(2) Criminal offenses.-

"(B) Controlled substances.-

(i) Conviction.-Any alien who at any time after admission has been convicted of a violation of (or a conspiracy or attempt to violate) any law or regulation of a State, the United States, or a foreign country relating to a controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)), other than a single offense involving possession for one's own use of 30 grams or less of marijuana, is deportable.

(ii) Drug abusers and addicts.-Any alien who is, or at any time after admission has been, a drug abuser or addict is deportable.

237

(a)

(2)

(B)

(i)

According to their own clause, law, court lady and paper they gave us, he was deported for something that he should only be inadmissible for. If they wanted to deport him for something else, they could have not pretended it was for something else.

I have his detailed record in front of me and the one he was accused (possession of marijuana) says "NP" and that it was dismissed. The other says "Use of Marijuana" and they decided he was guilty. It was less than 30 grams. He said it was 5 grams. Soooo.... *throws confetti at everyone again* lol I'm trying not to get my hopes up but I'm still excited. I've accepted if he can't use the I-601 and I-212 but if he can, bring out the confetti!

All I can attest to is this:

1. Waivers are no fun. It is the most stressful, dragged on process ever. Ours took 10 months and we are still waiting for visa issued

2. Lizz Cannon is awesome! Take solace in knowing she's the best and if it can be fixed she will do it!

I wish you all the best!

Thank you for your response.

They don't seem to be any fun, that's true. I'm ready for the waiting time. All that matters to me is that I'm with him during the wait!

She is awesome! The fact she told us this awesome news makes her pretty awesome (yes, I could say awesome a few more times lol).

Thank you, all the best to you too. How long have you been waiting for it to be issued?

thanks alot wow never knew that

what were the questions asked

You're welcome.

They talked about our marriage and wanted to see our pictures even though they already should have had them. Fortunately, I had a feeling this would happen and told him to bring them with him. Since it's a IR-1/CR-1 type of green card, they really care about your marriage. They didn't get to talk long because they found out he didn't bring his US criminal record (my fault). I forgot that it's necessary during the interview process if you have a US criminal record and that it's important if you've been deported. I remembered the whole time until the time came that I really needed to remember! lol Fortunately, it gave us time to bring anything else we find important to our case. My fail wasn't all a fail!

When he has his new interview, I will try to tell you what they asked.

So if he now has only one conviction (under 30 grams) he would now be able to file I 601 & 212 (if he was deported)

If he was a previous LPR its darn hard to qualify for 212(h) relief....be sure you have official documents like final disposition

for the Embassy.

The CO could not be nice & just give him a pass its a law they must follow with any CIMT,their boss look at & sign off

on approvals & disapprovals...I had mentioned Li Cannon ,so have you at least asked her how to go forward, there maybe

resistance from USCIS re:his record & having an atty for AO (if needed) is best. A Senator cannot change USCIS

decisions.

The best thing to do is ignore the mean-ness, no one is perfect....just keep on keeping on,& know that if he truly have

2 drugs charges , he cannot get an IV, further on he may get a temporary visa with D3 waiver,but not anytime soon &

hard to come by...in the meantime think about plan B would you go live with him a part of the yr?...can he get Mexican

residency (then you both could live on the border?) and you work in the US ...goodluck

Thanks a lot for your positive response!

I've been talking to her a lot, actually. Next, she is getting is alien file so she can review it. Then we'll go from there.

So far nothing makes sense anymore lol All I can do is wait and see what she says and what the embassy says when he finally goes back.

I thought it was you who recommended her! Thanks! I told her someone on Visajourney recommend her. haha

I read on VJ that Senators can make these "bills" and if they're signed by the President (and/or the governor??) then it pardons the person

for whatever they got deported for. The guy said senators make tons of those. I forgot exactly what he said now but it seemed good.

I have no idea what the specific details of that are or how often it's really done. Of course, the senator doesn't want to be responsible for allowing

a true criminal back into the US, so I'm sure special requirements are put into place. I have no problem with that. I have no problem with proving extreme hardship to either person.

Way ahead of you. That person who commented apparently didn't read anything I posted and probably saw the opportunity to attack a Bosnian, took it, and failed. Did you notice how he/she unfollowed the post after they wrote that? Trolololololol! ((I'll be praying for you mysterious Croatian. I'm sure if you met my husband, you would find that, no matter what differences you may have, he would treat you with respect.))..Jawaree, I have no problem with the proof of extreme hardship/rehabilitation/etc. I wouldn't even have attempted this if I had no proof. We just need him to be eligible. According to Lizz Cannon, he should be able to get the waiver.Once she gets his alien file, she will know more. By then, he might already have his interview because we're just waiting for the rest of his criminal history. If something goes wrong, we'll talk with her about it. Either way, I want her to review his file. Plus, we will need his file to send with the proof. I'm really glad the length you were a LPR is one of the things that is important to them. It's only one thing but who knows how much that could matter mixed with the other proof. I know this is a hard situation but I'm feeling confident. I'm making, at least, 3 copies of everything. One for the I-212, one for the I-601, and one for a personal copy. I used all my new printer ink I bought yesterday! The reason my husband would tell me not to obsess over it, is because he doesn't want me to stress myself out over something I can't control. Usually that's my motto but in this case, it's more relaxing to research than to just sit around doing nothing.

Mexico isn't the place for us. I have family in Canada so maybe that's possible. We'll see.

perfect thanks alot for the info..and also ,...so everything is through email and also,hmmm

right when you get the letter is it through email about medical and interview or do you make your own appt for medical and interview or

Yes, the letter is through email. You print it off and take it with you to the medical exam and then to the interview.

Yes, you make your own appointment with the approved doctors on the website I gave you (go to the drop down list and find

Sarajevo).

Thanks for replies everyone! IV is invoiced as of today. I thought it would take a month or so as I read online but it took just 7 days from DS-261 submit.

So next step is to collect documents as stated on cover sheet I received in NVC welcome letter and send them? I'm waiting for translations of my civil documents to be done and packet will be sent to NVC next week!

Yes! That's your next step. Then you wait for Bosnia's slow mail to reach the US! haha

oh wow i hope that finishes fast and you are happy

Thank you very much! I hope so too.

Did you see the message I sent you?

Also, I meant to reply to your other comment but it wouldn't let me post both for some reason. So I will now...

wow great story do you know when you will get the new interview .....

I knowhow all of this feels

We can reschedule whenever we want to. Whenever we get all of his record, we can reschedule the interview. It's really easy and they seem to have a lot of openings. I don't think it's the same as the normal interview. The normal interview is scheduled when the Embassy and the NVC talk to each other. But you can make an appointment at anytime but it wouldn't be the same as an immigration interview. Since he was already there for an interview, we can simply schedule an appointment to reapproach the subject. They still have his passport because they know he's coming back.

So why would USA need more criminals; I think we have enough....

Its obvious that he has a record with something that we was deportable for and he "conveniently" does not remember...

Thanks for taking the time to reply. I hope you have a great day!

why arent you allowed to go ..?

I emailed the USA Sarajevo Embassy and they said the US Citizen petitioner is not allowed into the interview with the beneficiary.

Thanks for help, already seen that. But I can't send packages before I can pay IV fee so I can print cover sheet that needs to be sent with package. We received "Documents cover sheet" in NVC welcome letter to put over documents.

You're welcome! I understand your dilemma. I just wanted to stress that you should send both packets together! haha

The document cover sheet is fine to use instead of the two separate cover sheets. I didn't like it so I just used the 2 cover sheets but my process was very quick so that's why I was able to use both.

Send IV and AOS Packet together to reduce chances of delay.

http://www.visajourney.com/wiki/index.php/NVC_Process

Use this to help you understand better. It really helps!

"Step 8 - Send in AOS and IV Packages

Once both fees have been paid and you’ve collected everything, send both packages together to NVC.

I suggest putting each package in a separate manila envelope (and clearly mark it and write "AOS" or "IV" on each one), then putting both manila envelopes inside one shipping envelope.

The address to send the package can be found on the bar-coded cover sheet from the payment portal. And it doesn't matter where the package is sent from (either in the US or abroad). As long as NVC receives it, that's all they care about.

• Note: there may be two different addresses on each bar-coded cover sheet. Just pick one and send it there. It’s essentially the same address, just different departments. There’s absolutely no reason to stress about which address to choose as it’ll be directed to the correct department once it gets there."