Chippy's Questions on Immigrant Visa & Waiver of Ineligibility
#46
Re: Chippy's Questions on Immigrant Visa & Waiver of Ineligibility
There are in fact different rules for different visas. The point is that your ineligibility can be waived for non-immigrant visas, but can not as it currently stands for an immigrant visa. This is clearly stated in the pdf I linked to earlier, and you have also said it came up during your own research. Maybe a decent immigration lawyer can help you.
BTW, Phil & Shayna had conflated the 212(g) and 212(h) waivers -- both of which are made on the same form -- 212(g) does not require "extreme hardship." However, the instructions from the consulate are not as clear as they can be.
#47
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Re: Chippy's Questions on Immigrant Visa & Waiver of Ineligibility
Yes thanks for the link. I did have a look earlier, but all I could find was stuff about drug traffickers. I'll have another look, in case I missed the part you are talking about. In your post #12 you did in fact say, "There are waivers available for immigrant visas." What came up in my research is that a waiver is available for a one-time offender with less than 30 mg of mj. Nowhere does it distinguish between visa types.
What does the annotation on your current waiver say? It should read something along the lines of "212(d)(3)(A) waiver of XXXXXXXXXX granted". The XXXXXXXXXX is the section of the INA that you contravened and forms the basis of your ineligibility.
For the purposes of this discussion, I'll assume you were found inadmissible under INA 212(a)(1)(A)(iv) - "Drug abuser or addict, one who has engaged in 'non-medical use of a controlled substance'". If you look at this section of the pdf in that link it shows that a 212(d)(3)(A) waiver is available for non-immigrant visas. However for immigrant visas it notes the following:
No waiver is available. However, a "CLASS A" inadmissibility finding by the panel physician may be overcome in the future according to CDC guidelines. (9.FAM 40.11 N13.2)
Even more bad news is found in the same document under N12.7 which states:
There is no waiver relief for an immigrant visa (IV) applicant who is inadmissible under INA 212(a)(1)(A)(iv). Do not issue an immigrant visa (IV) to an alien you determine to be a drug abuser or addicted to a drug described in section 202 of the Controlled Substances Act.
Last edited by materialcontroller; Oct 21st 2011 at 3:00 pm.
#48
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Re: Chippy's Questions on Immigrant Visa & Waiver of Ineligibility
212(h) provides for a waiver for simple possession of less than 30 grams of marijuana and extreme hardship to the US relative. FWIW, "extreme hardship" is actually a lower grade of "hardship" in the statutory scheme of things.
BTW, Phil & Shayna had conflated the 212(g) and 212(h) waivers -- both of which are made on the same form -- 212(g) does not require "extreme hardship." However, the instructions from the consulate are not as clear as they can be.
BTW, Phil & Shayna had conflated the 212(g) and 212(h) waivers -- both of which are made on the same form -- 212(g) does not require "extreme hardship." However, the instructions from the consulate are not as clear as they can be.
#49
Re: Chippy's Questions on Immigrant Visa & Waiver of Ineligibility
Hmmm...That doesn't sound good at all. I do note that it says, ' Do not issue an immigrant visa (IV) to an alien you determine to be a drug abuser...' This to me suggest, that they would first determine whether I'm a druggy before application of this rule...?
#50
Re: Chippy's Questions on Immigrant Visa & Waiver of Ineligibility
But on a page in my passport the original customs officer, at the time of banning me has hand written, 'CFR 217,4 (A) (1)'. I have no idea what this means or refers to.
#51
Re: Chippy's Questions on Immigrant Visa & Waiver of Ineligibility
OK. On the visa itself it just says, "Annotation: ARO Response Ineligibility Overcome'. That's all it says.
But on a page in my passport the original customs officer, at the time of banning me has hand written, 'CFR 217,4 (A) (1)'. I have no idea what this means or refers to.
But on a page in my passport the original customs officer, at the time of banning me has hand written, 'CFR 217,4 (A) (1)'. I have no idea what this means or refers to.
#52
Re: Chippy's Questions on Immigrant Visa & Waiver of Ineligibility
OK. On the visa itself it just says, "Annotation: ARO Response Ineligibility Overcome'. That's all it says.
But on a page in my passport the original customs officer, at the time of banning me has hand written, 'CFR 217,4 (A) (1)'. I have no idea what this means or refers to.
But on a page in my passport the original customs officer, at the time of banning me has hand written, 'CFR 217,4 (A) (1)'. I have no idea what this means or refers to.
Rene
#53
Re: Chippy's Questions on Immigrant Visa & Waiver of Ineligibility
There are more numbers written underneath..A#88xxxxxx BLA/PDE #223D...I'm guessing that they may be ID numbers of the officer or something like that...?
Last edited by Noorah101; Oct 21st 2011 at 4:38 pm. Reason: A# removed
#54
Re: Chippy's Questions on Immigrant Visa & Waiver of Ineligibility
#55
Re: Chippy's Questions on Immigrant Visa & Waiver of Ineligibility
Thankyou Fatbrit. That is most appreciated. So, if I'm reading this correctly this does not actually make a specific reference to drugs. But 217 is still connected to 212 it seems. So is this good, bad or neither?
There are more numbers written underneath..A#88738294 BLA/PDE #223D...I'm guessing that they may be ID numbers of the officer or something like that...?
There are more numbers written underneath..A#88738294 BLA/PDE #223D...I'm guessing that they may be ID numbers of the officer or something like that...?
http://www.state.gov/documents/organization/88037.pdf
The A#xxxxxxxx is your Alien Registration number...since you now have a record, you also have an A number. By the way, that is personal information on you, so I've removed some of the numbers, it's not good to post that on the internet.
Not sure what PDE #223D is, but could be a badge number for the POE officer.
Rene
#56
Re: Chippy's Questions on Immigrant Visa & Waiver of Ineligibility
On the subject of assumptions, it is an interesting exercise to Google "green leafy substance." This is one of the links that shows up. I wonder what kind of training OP has had to accurately determine that the joint actually contained marijuana?
Last edited by S Folinsky; Oct 21st 2011 at 5:38 pm.
#57
Re: Chippy's Questions on Immigrant Visa & Waiver of Ineligibility
I know that some people consider it rude to suggest "looking it up." That said, many posters in these forums like follow-up posts on what happened. The final result often helps others. FWIW, one can click on the poster's name and then click "find more posts" by the poster.
Of course, it has been noted that the proverb of "Teach a man to fish ..." has been replaced with "give a man a fish, make it illegal to fish." I will admit that I am old fashioned on that score.
Of course, it has been noted that the proverb of "Teach a man to fish ..." has been replaced with "give a man a fish, make it illegal to fish." I will admit that I am old fashioned on that score.
#58
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Re: Chippy's Questions on Immigrant Visa & Waiver of Ineligibility
They don't need to determine whether or not you are a druggy. You already did that part for them when you admitted to smoking weed in the past. Strictly speaking, somebody who has smoked weed is a "drug abuser".
#59
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Re: Chippy's Questions on Immigrant Visa & Waiver of Ineligibility
#60
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Re: Chippy's Questions on Immigrant Visa & Waiver of Ineligibility