usa em

hey everyone, sorry I seemed to write soooo much. I wasn't sure if what I posted to reply to you all was sent through properly. And so now you see many rambled and repeated qoutes. Woops!
I am going to wait until our meeting in London with the attorney before I worry myself sick. Got to try to stay positive. All of your comments are much appreciated.
Em

Noorah101

The OP said it was 3 grams of pot.

Rene

Folinskyinla

Hi:

It is a somewhat controversial issue in immigration law on what constitutes a "conviction" for IMMIGRATION purposes. It is quite possible to have a local disposition that is not a "conviction" for local purposes, but will be a conviction for immigration purposes.

I don't think he would be nicked for "fraud" or "misrepresentation" on past VWP admissions, because you are right -- there was no intent to not tell the truth if you thought it was not a "conviction."

That said, even if is a "conviction" -- 3 g is less than 30 g -- so a waiver is available. 3 g? There is an old Jesse Winchester song about "Sticks and Seeds."

usa em

I was wondering today, thinking and sweating out frustrations at the gym. Would there be a I-601 waiver for us based on the fact I have an almost half mil dollar house in PA, USA and we own a house here in England..... that it is a huge cost to us to have two properties.
The USA one costing almost $12K in taxes a year alone. And our cost here a lot after bills and coucil tax!
For us to wait a year or more for my husbands 15 year clearance on his charge would literally cost a fortune for us to hold both properties.
And still I think its strict we can't have a few years to see how living in America is.
I know the past history of him will cause serious doubt with the immigration officers. But for two really good people it seems ... to me...
ridiculous.
One more thing.... I never have been part of a 'chat room' type place. And its strange for me to write on it. I don't you and where you come from and hope you are all in the best interests.
I don't want to come across a bitch, I am just wiry over this.
Anyway- you all seem to be really informed and if you are going through a visa - God only knows, but you have been sweet!
Your help has been great.
Em.

Elvira

I think you are going to need help from a qualified immigration attorney as the wording of the waiver is crucial.

What may seem important to you may not be relevant in terms of immigration rules.

fatbrit

Agreed.

Tracym

I'd suggest an attorney who specializes in waivers, I believe such does exist in London.

meauxna

Or, again, 2 who are making a career specialty of it, posting at www.immigrate2us.net (the best resource online for waivers).

usa em

I have looked on the sight and didn't see anything promising, more than what we have been told.
I shall look into another attorney, but ours seems good and -- well, by now all costing loads.

I still come back to the front of it all... after many sleepless nights for both of us... my husband is good and only caught at 19 for one offense which is not for a horrid thing or a major humanitarian offence. I see after reading up on laws he is classed with bank robbers or assaults or even holding someone with a fire arm.
I wonder why he has been put to such shame, and fronted with a history of wrong to such lengths when he only had a small amount of pot on him.
I was brought up and went to high school in America and can remember kids there being caught. I watch movies/ TV/ and listen to music and even see in news the oppressions of the US.
Is one person who lives a clean a lovely life kept from a place because he was a youth and made a mistake?
I guess so.
But all I feel is sad because this one thing is keeping us to be in the USA, and all we wanted is a few years around my family... not forever like many applicants want. I just want, and he, to be there for a bit while my Dad is getting older and my sister is to me married.
I may go on too much talking- but I really feel strong and hugely sadden over our circumstances.
Thanks again for everyone who wrote.
Em

Noorah101

So from what you've been reading, does it seem like no hope for a waiver?

Rene

Folinskyinla

Hi:

You give good facts for a waiver IF it is presented right -- there is a little trick to it.

One thing, I don't understand -- the line above. You seem to object to that rather than being thankful that the drug offense in question is classed with bank robbers ... or holding someone with a firearm. [BTW, simple assault is not a crime involving moral turpitude.] I find that kind of strange because most drug offense are NOT classed with bank robbery or holding somewhat up with a firearm.

fatbrit

Why? You have good chance given competent professional help. Some will have no chance whatsoever -- if it had been, for example, a single ecstasy tablet instead of the mj, that would have been the end of your immigrant visa journey.

You can bemoan it as much as you want...but it ain't going to change it. The best way to lose that feeling of helplessness is to know where you are heading. From what you've written so far, you haven't yet found time to do some real studying. You've had links to a forum that specializes in waivers, and this is where you are heading if you want your husband to live in the US. Get to know and understand the procedure.

Gin

Hubby had his 601 waiver approved (same offence) for his k-3 spousal. He is here and we are going for an AOS next month (7 years after starting the process). Taking all information and keeping fingers crossed. We didn't use an attorney and have made many mistakes but have found this site to be useful as well as the words of the resident attorney.

Keep your chin up and don't hate him or let it tear up your relationship. It is a pain in the butt and takes up to an additional year for processing the 601 waiver so don't expect it to be quick. We were fortunate enough that the RCMP office took time to track down the officer who copied the notes from her "black book" and made a statement about the arrest. I don't know if that helped or not but didn't hurt. We also got all court records concerning his conviction and conditional discharge. Non of this process is going to be quick, easy or cheap.

Will post what happens at the AOS interview next month.

Elvira

Given what you know now, and if you had your time again: would you consult an attorney?

Gin

Consult,,, yes.. do all the paper work and leg work for us? No. We have run into some conflicting information but that is to be expected.

However, we didn't have any overstays, didn't enter until after marriage, haven't left the U.S. Besides filing the I-601 and figuring out what was needed by whom, the hard part has been the wait getting responses.

I guess the best part of having a competent attorney would that they would receive the same information you do in case something gets lost in the mail. Just have heard story's where the Attorney's haven't kept in touch with their clients concerning approvals, RFE's, Etc. Have to find one that gives a darn kinda like a good accountant.