sad news - K1 denial - controlled substance violator
May 23rd 2004, 3:49 am
#16
Forum Regular
Joined: Jan 2003
Posts: 96
Re: sad news - K1 denial - controlled substance violator
Hi. It sounds like you can file the I-601. Come to www.immigrate2us.net for information on this topic. I, myself, and several other people that post on that board gone through the I-601 process and been approved, and even more people are going through the process (for various reasons, but it is a similar process).
As for what Pete says, it is true that your fiance may not want to up and move to Germany right now, at least not until the I-601 is filed. (However, once the I-601 is actually filed, it could be as short as 3 months - or less - before you receive news of the adjudication. 1 person that posts at www.immigrate2us.net was approved in Vienna, Austria in two months (from filing date) - but double check processing times with the exact consulate where you will be filing.
Pete is, however, wrong in saying that you should get a German lawyer. German lawyers are familiar with German laws, US lawyers are familiar with US laws, and you are dealing with a US law. However, I do not recommend trusting everything 100% to a lawyer. I generally tell people that it is best to be as involved as possible, especially since a lot of lawyers, at least on this topic, are not actually as well informed as they pretend to be.
The only way to be happy with the result is to be involved in the process!!!!!
Anyway, come to www.immigrate2us.net
As for what Pete says, it is true that your fiance may not want to up and move to Germany right now, at least not until the I-601 is filed. (However, once the I-601 is actually filed, it could be as short as 3 months - or less - before you receive news of the adjudication. 1 person that posts at www.immigrate2us.net was approved in Vienna, Austria in two months (from filing date) - but double check processing times with the exact consulate where you will be filing.
Pete is, however, wrong in saying that you should get a German lawyer. German lawyers are familiar with German laws, US lawyers are familiar with US laws, and you are dealing with a US law. However, I do not recommend trusting everything 100% to a lawyer. I generally tell people that it is best to be as involved as possible, especially since a lot of lawyers, at least on this topic, are not actually as well informed as they pretend to be.
The only way to be happy with the result is to be involved in the process!!!!!
Anyway, come to www.immigrate2us.net
Last edited by spouse; May 23rd 2004 at 4:05 am.
May 23rd 2004, 11:20 am
#17
Concierge
Joined: Apr 2001
Posts: 46,473
Re: sad news - K1 denial - controlled substance violator
Spouse, it is Rete not Pete. I am a female and Rete is a nickname for Rita, devrived from friends dropping the "a" at the end of my name.
As for the German attorney, the suggestion was made as such for the I-601 waiver is filed by the foreigner, not the US Citizen. The foreigner is the one that will have to talk with the attorney, gather information for the attorney, make decisions with the attorney. Just because an attorney has citizenship in another country does not mean they are not capable of dealing with US immigration law.
Mr. Folinskyinla often recommends attorneys in England and in Israel to assist foreigners in those countries with their pursuit of US immigration.
But as you suggested an attorney based in the US will be able to assist as well. As long as she retains one that specializes in waivers and is a hands on attorney in terms of involvement and follow through, she will be in good hands.
Rete
As for the German attorney, the suggestion was made as such for the I-601 waiver is filed by the foreigner, not the US Citizen. The foreigner is the one that will have to talk with the attorney, gather information for the attorney, make decisions with the attorney. Just because an attorney has citizenship in another country does not mean they are not capable of dealing with US immigration law.
Mr. Folinskyinla often recommends attorneys in England and in Israel to assist foreigners in those countries with their pursuit of US immigration.
But as you suggested an attorney based in the US will be able to assist as well. As long as she retains one that specializes in waivers and is a hands on attorney in terms of involvement and follow through, she will be in good hands.
Rete
Originally posted by spouse
Hi. It sounds like you can file the I-601. Come to www.immigrate2us.net for information on this topic. I, myself, and several other people that post on that board gone through the I-601 process and been approved, and even more people are going through the process (for various reasons, but it is a similar process).
As for what Pete says, it is true that your fiance may not want to up and move to Germany right now, at least not until the I-601 is filed. (However, once the I-601 is actually filed, it could be as short as 3 months - or less - before you receive news of the adjudication. 1 person that posts at www.immigrate2us.net was approved in Vienna, Austria in two months (from filing date) - but double check processing times with the exact consulate where you will be filing.
Pete is, however, wrong in saying that you should get a German lawyer. German lawyers are familiar with German laws, US lawyers are familiar with US laws, and you are dealing with a US law. However, I do not recommend trusting everything 100% to a lawyer. I generally tell people that it is best to be as involved as possible, especially since a lot of lawyers, at least on this topic, are not actually as well informed as they pretend to be.
The only way to be happy with the result is to be involved in the process!!!!!
Anyway, come to www.immigrate2us.net
Hi. It sounds like you can file the I-601. Come to www.immigrate2us.net for information on this topic. I, myself, and several other people that post on that board gone through the I-601 process and been approved, and even more people are going through the process (for various reasons, but it is a similar process).
As for what Pete says, it is true that your fiance may not want to up and move to Germany right now, at least not until the I-601 is filed. (However, once the I-601 is actually filed, it could be as short as 3 months - or less - before you receive news of the adjudication. 1 person that posts at www.immigrate2us.net was approved in Vienna, Austria in two months (from filing date) - but double check processing times with the exact consulate where you will be filing.
Pete is, however, wrong in saying that you should get a German lawyer. German lawyers are familiar with German laws, US lawyers are familiar with US laws, and you are dealing with a US law. However, I do not recommend trusting everything 100% to a lawyer. I generally tell people that it is best to be as involved as possible, especially since a lot of lawyers, at least on this topic, are not actually as well informed as they pretend to be.
The only way to be happy with the result is to be involved in the process!!!!!
Anyway, come to www.immigrate2us.net
May 23rd 2004, 12:40 pm
#18
Forum Regular
Joined: Jan 2003
Posts: 96
Re: sad news - K1 denial - controlled substance violator
Rete,
Sorry about the name!!! I guess I was reading too quickly.
Anyway, I am the USC, and we had to do the I-601. Frankly, it is supposed to be submitted by the intending alien, but all of the legwork should be done by the USC.
Why? Because the waiver is about the USC, they don't really (officially) care about the alien at all, except in relation the the USC. Also, because the USC is in the states, has access to the necessary lawyers (familiar with US law) and in many cases has the better command of the language. In essence, it should be done by the USC. If the alien has a good command of the language and is good at this type of thing they can be very helpful, but again there are limitations with being so far away.
There are also limitations in making calls to congressmen or senators (if needed) and limitations in talking to people at the embassy (USC can be much pushier and can worry less about causing a bad impression).
As far as lawyers go, you are right, citizenship does not mean that they are not adept in US immigration law - but training and licensing do. If they are trained in the laws of another country, and are licensed to practice those laws, it says absolutely nothing about their ability to deal with US law, or to obtain information from US law systems or programs. Heck, many of them are probably not even registered on web-based programs such as westlaw.
The rare person might have been trained in the USA, practiced in the USA, and dealt with numerous immigration cases from the USA, but this is less likely abroad. This is particularly important to consider when one realizes that even many US based attorneys get confused when it comes to the I-601....
Finally, all cases of the I-601 that have been approved - that I have encountered - have primarily been done by the USC (help from the intending alien is always useful though, please don't get me wrong!!)
I hope this helps to clarify my reasons for the suggestions that I have made.
Sorry about the name!!! I guess I was reading too quickly.
Anyway, I am the USC, and we had to do the I-601. Frankly, it is supposed to be submitted by the intending alien, but all of the legwork should be done by the USC.
Why? Because the waiver is about the USC, they don't really (officially) care about the alien at all, except in relation the the USC. Also, because the USC is in the states, has access to the necessary lawyers (familiar with US law) and in many cases has the better command of the language. In essence, it should be done by the USC. If the alien has a good command of the language and is good at this type of thing they can be very helpful, but again there are limitations with being so far away.
There are also limitations in making calls to congressmen or senators (if needed) and limitations in talking to people at the embassy (USC can be much pushier and can worry less about causing a bad impression).
As far as lawyers go, you are right, citizenship does not mean that they are not adept in US immigration law - but training and licensing do. If they are trained in the laws of another country, and are licensed to practice those laws, it says absolutely nothing about their ability to deal with US law, or to obtain information from US law systems or programs. Heck, many of them are probably not even registered on web-based programs such as westlaw.
The rare person might have been trained in the USA, practiced in the USA, and dealt with numerous immigration cases from the USA, but this is less likely abroad. This is particularly important to consider when one realizes that even many US based attorneys get confused when it comes to the I-601....
Finally, all cases of the I-601 that have been approved - that I have encountered - have primarily been done by the USC (help from the intending alien is always useful though, please don't get me wrong!!)
I hope this helps to clarify my reasons for the suggestions that I have made.
May 24th 2004, 5:16 am
#19
horseradish
Thread Starter
Joined: Mar 2004
Location: Australia
Posts: 74
Re: sad news - K1 denial - controlled substance violator
thanks for your info rete.
thanks spouse, i have registered with you and you will see us regularly at your I-601 forum!
lessthanstellar.
thanks spouse, i have registered with you and you will see us regularly at your I-601 forum!
lessthanstellar.
May 24th 2004, 8:57 am
#20
Account Closed
Joined: Sep 2002
Posts: 16,266
Re: sad news - K1 denial - controlled substance violator
Originally posted by Rete
Spouse, it is Rete not Pete. I am a female and Rete is a nickname for Rita, devrived from friends dropping the "a" at the end of my name.
As for the German attorney, the suggestion was made as such for the I-601 waiver is filed by the foreigner, not the US Citizen. The foreigner is the one that will have to talk with the attorney, gather information for the attorney, make decisions with the attorney. Just because an attorney has citizenship in another country does not mean they are not capable of dealing with US immigration law.
Mr. Folinskyinla often recommends attorneys in England and in Israel to assist foreigners in those countries with their pursuit of US immigration.
But as you suggested an attorney based in the US will be able to assist as well. As long as she retains one that specializes in waivers and is a hands on attorney in terms of involvement and follow through, she will be in good hands.
Rete
Spouse, it is Rete not Pete. I am a female and Rete is a nickname for Rita, devrived from friends dropping the "a" at the end of my name.
As for the German attorney, the suggestion was made as such for the I-601 waiver is filed by the foreigner, not the US Citizen. The foreigner is the one that will have to talk with the attorney, gather information for the attorney, make decisions with the attorney. Just because an attorney has citizenship in another country does not mean they are not capable of dealing with US immigration law.
Mr. Folinskyinla often recommends attorneys in England and in Israel to assist foreigners in those countries with their pursuit of US immigration.
But as you suggested an attorney based in the US will be able to assist as well. As long as she retains one that specializes in waivers and is a hands on attorney in terms of involvement and follow through, she will be in good hands.
Rete
BTW, the attorneys I recommend in London and Ramat Gan [outside of Tel Aviv] are AMERICAN attorneys living and practicing abroad.
May 24th 2004, 9:29 am
#21
SUPER CRUNCHY BALCONY COW
Joined: Jul 2003
Posts: 9,476
Re: sad news - K1 denial - controlled substance violator
Originally posted by lessthanstellar
i got the sad letter today.
please help me with what i have to do now.
they sent these forms, but it is all pretty confusing.. this is what was inside:
a letter stating that the letter was informal, not a formal one, because they want promptness and that no record had been made of the correspondence.
a blue form, from the foreign service of the USA. stating that i was denied a visa because of SECTION 212(a)(2)(A)(i)(ii) - controlled substance violator (those three, 3cm marijuana plants i had growing in a pot 10 years ago.)
a form I-601 - application for waiver of ground of excludability.
a bright pink memorandum report of interview of Ineligible Applicant for an Immingrant Visa who is Applying for Relief under Section 212(h) or (i) of the Immigration and Nationality Act of 1952.
a white Application Immigration Worksheet (looks informal, asking me for a description of myself.)
a TWO-WAY VISA ACTION REQUEST AND RESPONSE form. (optional form 221?) formerly FS-493.
Information sheet about what EXTREME HARDSHIP means. not really sure what that is all about.
a fees sheet, they want $195 for the 601 application.
the informal letter states -
Please complete the attached waiver questionnaires, have your fiance write the hardship letter, and call us for a possible waiver interview appointment date.
_____
Please tell me what all this means, what they want exactly, why they sent all this in the declined package, and what my chances may be. my fiance is looking at hiring an attorney and getting his congressman in Minnesota on it.
thank you for any help and support you may be able to give.
lessthanstellar
i got the sad letter today.
please help me with what i have to do now.
they sent these forms, but it is all pretty confusing.. this is what was inside:a letter stating that the letter was informal, not a formal one, because they want promptness and that no record had been made of the correspondence.
a blue form, from the foreign service of the USA. stating that i was denied a visa because of SECTION 212(a)(2)(A)(i)(ii) - controlled substance violator (those three, 3cm marijuana plants i had growing in a pot 10 years ago.)
a form I-601 - application for waiver of ground of excludability.
a bright pink memorandum report of interview of Ineligible Applicant for an Immingrant Visa who is Applying for Relief under Section 212(h) or (i) of the Immigration and Nationality Act of 1952.
a white Application Immigration Worksheet (looks informal, asking me for a description of myself.)
a TWO-WAY VISA ACTION REQUEST AND RESPONSE form. (optional form 221?) formerly FS-493.
Information sheet about what EXTREME HARDSHIP means. not really sure what that is all about.
a fees sheet, they want $195 for the 601 application.
the informal letter states -
Please complete the attached waiver questionnaires, have your fiance write the hardship letter, and call us for a possible waiver interview appointment date.
_____
Please tell me what all this means, what they want exactly, why they sent all this in the declined package, and what my chances may be. my fiance is looking at hiring an attorney and getting his congressman in Minnesota on it.
thank you for any help and support you may be able to give.
lessthanstellar
I am very sorry to hear the bad news.
I have heard that waivers are hard to "do it yourself", IMHO it would be a good idea to hire a lawyer.
Good Luck and keep us updated!!
