S Folinsky

J now practices with Romben Aquino under the name of "Fong & & Aquino. They are in Pasadena CA

karenkaren1

thank you, I had already googled him. He has some great reviews!

crg

The current ESTA questions are a bit different than just a couple years ago. The questions asked about any arrest or conviction for a controlled substance. The controlled substance part of the question is much more clear than the CIMT part because determining which offenses constitute a CIMT can be extremely complicated. With that said, I'm not overly concerned about the OP's situation provided there is competent legal guidance.

karenkaren1

[QUOTE=shiversaint;12340745]How have you concluded he's inadmissible due to unlawful presence? Has that been decided already?

I traveled on an ESTA in a very similar circumstance and was only found inadmissible on the basis of the drug conviction]

When you travelled on an ESTA in similar circumstance, how was there not a misrepresentation finding if you ticked 'NO' to drugs violations?

I am struggling at the moment because a finding of misrepresentation to gain a material benefit will mean my husband can not adjust status (as we dont have the qualifying USC for i601 waiver), and the most scary thing for me is what will happen when my children reach 21 and can no longer stay as L1 beneficiaries.

Jerseygirl

They will have to leave the US...unless they can obtain a visa themselves. They could get a student visa if they went to college...perhaps they could then secure a job which would allow them to obtain a visa to stay in the US. Or they may meet an USC and marry.

Noodler

I got my passport back and got wilful misrep waiver and controlled substance waiver.

I last went to the US 2 years ago.

At my interview the CO never even asked if I knew or not he just said you are inadmissible for these two things and I am reccomending you for a waiver on both and it won’t add any time to your wait having the need for two.

We are in very similar situations and I have done a stack of research. I have come to the conclusion through this whole process over the last 6 months you can drive yourself mad second guessing. It really is true when they say no two cases are the same and neither is the outcome.

My advice is just go through the process l, roll the dice and see what happens. That’s what I have learnt trough my own experience....

I may go and hate it and be back in a year. I may get a great offer back in the UK. I make get a great offer elsewhere in the world. I may win the lottery....

Life is short and who knows what is going to happen next.

karenkaren1

yes you are correct, We were in NYC earlier this year. It is just so frustating that had he had known he was erroneously travelling on an ESTA - he could have applied for b2 + waiver and legally still been allowed to travel all these years.
It is slightly different for us in that, we know we want to stay there. We have close friends and (not immediate) family and it is already a home-from-home so to speak.

thank you for your reply and I wish u all the best...

karenkaren1

[QUOTE=karenkaren1;12349174] Update: My husband has just left the Belfast consulate after being given a letter stating he is ineligible for a visa.... it then lists a number of potential reasons why but the ONLY box ticked is 212(a)(2)(A)(i)(11) violation of any laws relating to a controlled substance.
This misrepresentation (and other) boxes have NOT been ticked. Does this mean he is ok? I think the CO was ambiguous with him and didn't clearly explain the process. He just said he cant issue the visa but then gave him this letter.

Is it presumptuous to continue to make plans for our move?

thanks

civilservant

Did the officer tell him he was being recommended for a waiver? If he didn't, then it's game over.

karenkaren1

The officer was ambiguous but the letter he was given implies he is. It states that currently taking approx 2-3 months to process waivers and it gives him a case number. It says 'we cant issue you with a visa until the DHS approve your waiver' so my question is, is the rest a formality?

civilservant

In which case you can keep planning your move - which is good news! Generally speaking, when a waiver is recommended by the interviewing officer is it usually granted, it just takes some time to process.

Noodler

I got a question asking what I had done to rehabilitate myself. My conviction was in 1996 and I just put down that I wasn’t a habitual user and didn’t smoke marijuana again after this incident.

I got two ticks one being for wilful misrepresentation and one for the possession.

I have spoken to a lawyer about treabferring to green card and he said it is a whole new aplicatikn. They will look at all the facts and if they find wilful misrepresentation we can challenge it.

karenkaren1

yes I also got told a completely separate more strict criteria for immigrant waiver and GC

Noodler

My lawyer did say it will help that I have been living here and paid a lot of money in to the system.

They take a lot of things in to account.

Long road but it will be what it will be.

Been in Colorado 4 months now and love it.

Rete

[QUOTE=karenkaren1;12461610] Does this mean he is ok to do what?

The consular officer is not there to make your husband's or your life easier. He is there to see that those who apply for visas to the US meet the criteria. Your husband did not. It is not the CO's job to walk your husband through the waiver steps.

In my opinion, yes, it is. Waivers are given all the time but there is no guarantee of receiving an approval, even if the CO were to have come out and said "submit the waiver application and you will be approved". He cannot do that because he does not make the decision.
Seek advice from legal counsel.

Did they retain his passport?