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Back2back

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    Back2back reacted to OptimusSpice in Banned for life?   
    SMH....the original post did inquire if a waiver was possible or if the OP was banned for life.  So the waiver information is relevant.  Also, discretion is used at the Consular level or no one ever admitting to any use would be approved without a waiver.  I've included another post of someone who admitted to using both marijuana and cocaine and was approved at the consular level without a waiver.  One of the other posts I linked earlier the person admitted to heavy use and showed evidence of rehab and they were approved without a waiver.  If it is so "black and white" and there is zero discretion at the Consular level, then these cases and quite a few others like them would not have been approved without a waiver - since the black and white letter of the law states that admission of a controlled substance violation is to be treated the same as a charge/conviction and even revocation of the admission, if the reviewing officer feels that the admission still demonstrated a violation of controlled substance law, they can still find someone inadmissible.  Per the letter of the law, no one who ever admits to use of any kind should be found admissible.  Every single one should require a waiver.  That is simply not what is happening.  So there MUST be discretion available at the consular level. I'll include another case of admission to experimental use that was approved at the consular level for K-1 just to show that it's not based on type of visa.  Again - if it was black and white and the consulate has zero discretion, this case would also have been denied and the person would be required to get a waiver.  Some admissions get approved at the Consular level, some require a waiver.  OP's case, with multiple charges/convictions will likely be denied at the Consular level and then OP would likely be required to obtain a waiver.  OP will also likely need to talk to a good lawyer because it is more complex than simple one time experimental use admission.  Exactly how much discretion the Consulate has, and exactly how much discretion the reviewing officer has in the waiver process is something that I have yet to find any absolute clear cut information on.  Lawyers tracking rulings daily are able to submit briefs showing various precedents being established in the courts.  It's not black and white.  No one in this forum can say with absolute certainty that the OP is banned for life and has zero hope or chance of any other outcome.  No one in this forum can say with absolute certainty that the OP would have a positive outcome either.  All any of us can do is read the experiences of others and share opinions.  OP asked if anyone had heard of multiple drug issues being waived.  I have heard of cases with multiple drug issues being waived.  I have heard of cases where multiple drugs admissions (mj and ecstacy - link shared earlier, mj and cocaine - link shared in this post) - even though ADMISSION is BY THE LAW the SAME as conviction because it is still a violation of the law - being approved at the consular level.  Again - it is obviously not as black and white as some would like to believe.
     
     
     
  2. Like
    Back2back got a reaction from OptimusSpice in Banned for life?   
    Thank you optimusSpice, you don't realise just how nice it is to get ANY bit of positivity, this year has been one of the worst with just one thing after another, probably the worst run of bad luck I've ever had.
     
    I have posted before so it doesn't particularly matter, I had a drug charge 25 years ago for a capsule of oil. This in itself was difficult to know if I would come under the 30g waiver or not, sent away for police record to see if they had listed a weight and to my horror it came back with an additional charge from the same incident of allowing someone to smoke in my house. The maximum punishment for that was tenfold. I never knew it existed.
     
    I too have spent months researching, day and night, and I have not found ONE case of 2 drug convictions getting a waiver. I have found it nothing but disheartening that something that happened so long ago could be held against me forever, and effectively change the course of my life. I find the laws archaic, and quite frankly unfair that waivers are available for crimes which in my opinion far outweigh mine. And I think the one that gets me the most, is the availability for a waiver for immigration fraud. Crazy to think that someone could effectively lie about their past, wait to get caught and then apply for waiver. But unfortunately I'm not wired that way and want to do this properly and honestly.
     
    I always thought Canada was one of the hardest places to get into, but when I checked their policies I saw that they have an option to prove "rehabilitation" so that these sorts of things don't impede your life forever. No such thing with the US.
     
    So thank you for sending that ray of hope, its what I've been looking for for so long, I havent seen this one so I gather my word searches have been too limited. You've made my day 😊
  3. Thanks
    Back2back reacted to OptimusSpice in Banned for life?   
    No one can say if it's a hopeless situation and no one can say it would be approved - but there is nothing wrong with providing examples of situations that looked hopeless or very stacked against the applicant and turned out well.  It shows that there is more to it than black and white "30g possession once" or else absolute denial.  OP knows the details, we don't need to know them - OP asked for opinions - " Has anyone ever heard of ANYONE who has found a way out of this? What about the waiver for having 2 or more crimes not totalling 5 years, could that apply for anything or just CIMT?"  Based on the question - yes - I have heard of people with 2 or more drug related crimes being approved for a waiver.  Nothing wrong with a supportive answer (so many seem so quick to crush people's hope on here in the name of "just telling them hard truths" when there are in fact other experiences that DO give hope).  Maybe OP needs a lawyer, maybe not.  Maybe OP can message someone who HAS been approved and get some first hand advice.  OP has options.  No reason to say otherwise. 
  4. Haha
    Back2back reacted to cyggie in Waiver Approved BUT   
    Might have to hold you to this...hahaha
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