Marocco

What else triggers a permanent ban of this kind? What about those who have misrepresented themselves as US citizens, for example? Would they be eligible for a waiver?

Tracym

I certainly wan't referring to you Ian. You so very helpful on the boards. Everyone makes mistakes, of course. It iwas people who were insisting, after the truth had come out.

ian-mstm

???

Ian

Elvira

She means David...

Tracym

I do? so confused....

I meant ian-mstm made a simple mistake, no problem.

Elvira

But you were responding to a post by Fatbrit (David)...

Tracym

aargh you're totally right of course. Told you I was confused.

OK, my compliments to Ian and Fatbrit. Sorry guys.

Folinskyinla

Hi:

Again, it is in the definitions. If one already has LPR and has been in the US for 7 years in any status before institution of removal proceedings and 5 years have elapsed since admission to LPR, they are entitled apply for "cancellation of removal." [The syntax of the foregoing sentence is somewhat fractured for a reason.]

I looked into this carefully in the McDonald voting case.

http://www.ca9.uscourts.gov/ca9/newopinions.nsf/1F5E1DEA0281793E88256FB80059E7FE/$file/0371986.pdf?openelement

On the definition, the statute is actually a little contradictory and makes room for immigration lawyers to make some money off of litigation. The ground addresses "false" claims to citizenship. The term "false" is a "term of art" which is much narrower than "erroneous" or "mistaken." However, the next subsection then specifically describes an "exception" from such "false claims" -- the "exception" is not a "false claim" in that it includes a reasonable belief on the part of the claimant that she was, in fact, a US Citizen. There are competing rules of statutory construction that can come into play on this one -- way beyond the scope of an chat room posting.

souls canuck

I applied for K1 .. then I applied, and was granted an I-601 waiver for a drug offense.

Elvira

What kind of drug offense?

Was it a Class A drug?

Folinskyinla

Hi:

A waiver is available for simple possession of less than 30 oz of marijuana. Also, some crimes indirectly related to drugs may not be "per se" a crime relating to drugs, but may be an "Crime Involving Moral Turpitude".

souls canuck

it was for 1 gram of pot in 1986.. so right you are, simple possesion of Marijuiana.. and a long long time ago..

we all make mistakes.. some are forgiven.. some are not.