janadeen

Hi all -

I have a confession ...

I’ve always always always, hated when people ask questions “for a friend”.

I could never figure why the friend themselves couldn’t ask!

Now I get it.

Life’s not always that simple.

Below are the circumstances of one of my coworker’s friends. “Mary”.

Right now, she’s devastated and can barely stand up straight.

She’s asked me for my opinion regards her case and I gave it to her.

Correct me if I’m wrong but the case can go no further, imho.

I’ve told her to call it a day. Move to be with hubby if she can because I can’t see a way around the 2 convictions. She saying that the embassy misinformation should bear some weight somehow.

She’s wondering if she can appeal – but who would one appeal to?

Maybe I’m missing something.

Can you all share your thoughts, opinions, suggestions on this?

-----

US Citizen Mary meets John on a trip abroad.

They fall in love after some time, eventually decide they want to be together here in the US and Mary files an I129f fiancee visa for John. In the midst of the relationship, Mary and John conceive a child and Mary later has a healthy, happy son.

In due course, John attends his interview for the fiancee visa. The visa is denied because in 2004 and 2008, John was convicted of marijuana possession. There was no incarceration involved – he’d been made to pay a fine – he did so on both occasions and that was the end of it.

At the time, the couple was given a refusal sheets stating that a waiver may be available for such a small amount of marijuana. He was instructed to return with an I-601 application and hardship letter from Mary.

Months later, he retuned to the embassy with said letter and other docs and was turned any – told that a waiver would only be available to a spouse of a USC.

Mary flies to John’s home country and they marry. They check again with the embassy and are once more told in writing, that “based on their marriage John will be able to submit his I-601 waiver application when we receive his approved I-130 petition”.

They submit the waiver application.

The waiver is denied – based on the drug offenses. Embassy apologies to the couple that they were given incorrect info about being eligible for a waiver.

Many month pass.

Back in the US, Mary receives a Notice of Intent to Revoke (NOIR) from USCIS. The notice states that during the consular interview, based on the information received, it indicates that the beneficiary is permanently ineligible for a visa because of his several drug related offenses, and that there is no waiver available to individuals who have been convicted of more than a single offense of possession of 30 grams or less of marijuana.

Mary responds to the NOIR – pleading their case, the hardship of not having husband here in the US, the misinfo they were given, the magnitude of the denial vs the minor offense, asking for leniency, etc.

Many weeks pass and Mary receives a letter from USCIS stating that they had ‘REAFFIRMED’ her I-130 petition and were sending it back to the US Embassy in the foreign country for further processing.

A great deal of time passes and Mary hears nothing. She contacts the consulate and they finally tell her, they reviewed the case with the Visa Office at the Department of State, and that the legal advisor had reaffirmed their understanding that a waiver was not available to John based on him having two charges for marijuana possession. However, he said, waivers were granted by USICS, and that if she wished to discuss the possibility of a waiver with USCIS she could find the contact information for their district office in via the embassy website.

Several weeks pass and John gets a letter in the mail saying they had scheduled him another interview for March 5th 2012.

Interview days comes and the visa is denied again.

When my John asked about the reaffirmation, they stated that USCIS reaffirmed the validity of the relationship and that it had nothing to do with his two possession charges. They denied his visa application once again for the same reason; two charges of marijuana possession. When asked why they scheduled another interview, they said it was to give him the refusal worksheet and complete the processing of our case.

Noorah101

Three options I would tell Mary:

1. If you're still interested in John moving to the USA, consult and hire an excellent immigration attorney who has direct experience regarding waivers and drug convictions (I'm surprised they didn't do all this through a lawyer in the first place...waivers are not a do-it-yourself project at all)...but with all the denials involved, it doesn't look hopeful; OR

2. Have Mary and son immigrate to the UK instead; OR

3. Give up on the marriage and get divorced (knowing the father/son probably won't have much contact unless Mary takes the son to visit John in his home country or they meet up in a third country, until son is able to travel alone to see his father.

Rene

janadeen

Thanks Noorah – you pretty much seem to be thinking along the same line as me.

Aren’t I right in thinking that whatever misinformation the embassy gave them, it has no bearing on their case?

That it’s the 2 drug convictions (no matter how small or large the possession was) that are the key ingredient to the mix?

Those 2 convictions can’t be overcome? Appealed? Am I thinking right on this?

jeffreyhy

I didn't find the words 'lawyer' or 'attorney' anywhere in that saga, although from the information provided it's clear that one should have been consulted, and probably retained, from Day 1.

Maybe it's too late, maybe not, but there's only one way to find out.

Regards, JEff

janadeen

Hey Jeff -

Indeed - you're correct but, there was no money for an atty, unfortunately.

Noorah101

The embassy or any other government agency that gave them advice, cannot be held responsible for that advice. So if Mary and John acted upon the embassy's advice, and that advice was incorrect, there is nothing they can do about it now.

Only an immigration lawyer will know for sure.

Rene

jeffreyhy

Is there now? Because that's the only suggestion I have for this case.

Regards, JEff

janadeen

I think she's going to try borrow some money towards that end.

jeffreyhy

I - I'm sure we all - wish her the best.

It's far too late now for your coworker's friend, but as gentle poster Mr.F often points out, janitorial work is usually much more expensive than preventive work. Hopefully others will learn something from this case that you've shared with us.

Regards, JEff

Noorah101

Mary should be willing to spend about $200 for a 1-time consultation with an attorney to go over the facts of the case. The attorney can then let her know if there is ANY hope at all. If not, no need to spend more money on the case. If there is hope, she can then retain the lawyer.

Rene

janadeen

Thanks for the thoughts guys!

discoviking

Even though this case don't look good, you may want to suggest to Mary that she take a look at this forum:

http://immigrate2us.net/forum/forum.php

The majority of the members there either are or have a significant other with admissibility issues. There is also a list of lawyers familiar with US inadmissibility and the various waivers available that she could consult with if she wishes to do so. This list can be found in the FAQ section of the forum.