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K1 Visa Denied due to criminal record

K1 Visa Denied due to criminal record

Old Sep 12th 2002, 10:03 am
  #1  
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Default K1 Visa Denied due to criminal record

Hi,

I have recently attended my K1 visa interview at the US embassy in London and was, to my complete horror denied.

The reason was for a conviction that I received 8 years ago at the age of 19 for possesion of a very small quantity (less than 1g) of both cannabis and amphetamine.

Both myself and my fiance are extremely distraut about this. I did not expect this one and only conviction on my record to be a problem but it obviously is.

I have been given the opportunity to apply for a visa waiver which i was told would take 4-6 weeks to process from application.

I would appreciate any advice that anyone has for me on my chances of getting that waiver, how to write our statements to show a case of 'Exteme Hardship'. Or if there are any alternative means of me being granted a visa to enter the USA.
StephenPouros is offline  
Old Sep 12th 2002, 11:09 pm
  #2  
Steggy
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Default Re: K1 Visa Denied due to criminal record

StephenPouros wrote:
    > Hi,
    > I have recently attended my K1 visa interview at the US embassy in London and was,
    > to my complete horror denied.
    > The reason was for a conviction that I received 8 years ago at the age of 19 for
    > possesion of a very small quantity (less than 1g) of both cannabis and amphetamine.
    > Both myself and my fiance are extremely distraut about this. I did not expect this
    > one and only conviction on my record to be a problem but it obviously is.
    > I have been given the opportunity to apply for a visa waiver which i was told would
    > take 4-6 weeks to process from application.
    > I would appreciate any advice that anyone has for me on my chances of getting that
    > waiver, how to write our statements to show a case of 'Exteme Hardship'. Or if
    > there are any alternative means of me being granted a visa to enter the USA.
    > --
    > Posted via http://britishexpats.com

This is totally disgusting...........

I was convicted (the equivalent of a fine of 500 dollars) in The Netherlands for DUI,
10 years before I applied for my K-1 visa. I did not even mention it in the
paperwork, just forhot about it, a fine is not imprisonment or something like that.

They found out. And told me at the Embessee never to do that again. I said sorry and
case was closed. I have no answer on your question but wish you a lot of luck
fighting this. Rediculous!
--
steg
 
Old Sep 13th 2002, 3:13 am
  #3  
Stuart Brook
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Default Re: K1 Visa Denied due to criminal record

steggy wrote:
    > StephenPouros wrote:
    > >
    > > Hi,
    > >
    > > I have recently attended my K1 visa interview at the US embassy in London and
    > > was, to my complete horror denied.
    > >
    > > The reason was for a conviction that I received 8 years ago at the age of 19 for
    > > possesion of a very small quantity (less than 1g) of both cannabis and
    > > amphetamine.
    > >
    > > Both myself and my fiance are extremely distraut about this. I did not expect
    > > this one and only conviction on my record to be a problem but it obviously is.
    > >
    > > I have been given the opportunity to apply for a visa waiver which i was told
    > > would take 4-6 weeks to process from application.
    > >
    > > I would appreciate any advice that anyone has for me on my chances of getting
    > > that waiver, how to write our statements to show a case of 'Exteme Hardship'. Or
    > > if there are any alternative means of me being granted a visa to enter the USA.
    > >

Drug offenses are generally ZERO tolerance.
 
Old Sep 13th 2002, 5:58 am
  #4  
Steggy
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Default Re: K1 Visa Denied due to criminal record

Stuart Brook wrote:
    > steggy wrote:
    > >
    > > StephenPouros wrote:
    > > >
    > > > Hi,
    > > >
    > > > I have recently attended my K1 visa interview at the US embassy in London and
    > > > was, to my complete horror denied.
    > > >
    > > > The reason was for a conviction that I received 8 years ago at the age of 19
    > > > for possesion of a very small quantity (less than 1g) of both cannabis and
    > > > amphetamine.
    > > >
    > > > Both myself and my fiance are extremely distraut about this. I did not expect
    > > > this one and only conviction on my record to be a problem but it obviously is.
    > > >
    > > > I have been given the opportunity to apply for a visa waiver which i was told
    > > > would take 4-6 weeks to process from application.
    > > >
    > > > I would appreciate any advice that anyone has for me on my chances of getting
    > > > that waiver, how to write our statements to show a case of 'Exteme Hardship'.
    > > > Or if there are any alternative means of me being granted a visa to enter the
    > > > USA.
    > > >
    > Drug offenses are generally ZERO tolerance.

That is a problem. I do not use them, if I would I would say so. But damn, I do not
know anyone in theUS who doesn't. And that is a reason to refuse a fiancee-visa for a
UK citizen? Something from 9 years ago?? Unbelievable.......

Alcohol is a drug too, but the same officer pours in a glass of Scotch after work.

By the way: learn how to quote. My name is on top, but no letters of mine were in
your respons.
--
steg
 
Old Sep 13th 2002, 9:22 am
  #5  
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Joined: Jul 2002
Location: Collinsville, IL (from Scotland, UK)
Posts: 332
dazeychain is an unknown quantity at this point
Default Re: K1 Visa Denied due to criminal record

[QUOTE]Originally posted by StephenPouros:
Hi,

I have recently attended my K1 visa interview at the US embassy in London and was, to my complete horror denied.

The reason was for a conviction that I received 8 years ago at the age of 19 for possesion of a very small quantity (less than 1g) of both cannabis and amphetamine.

Both myself and my fiance are extremely distraut about this. I did not expect this one and only conviction on my record to be a problem but it obviously is.
[QUOTE]

Gosh. I don't have any advice, but I am very surprised, and I'm sorry to hear this for you. I hope you manage to get things resolved.

D.
dazeychain is offline  
Old Sep 13th 2002, 12:33 pm
  #6  
Stuart Brook
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Default Re: K1 Visa Denied due to criminal record

steggy wrote:
    > Stuart Brook wrote:
<snip>
    > > > StephenPouros wrote:
    > > > >
    > > > > Hi,
    > > > >
    > > > > I have recently attended my K1 visa interview at the US embassy in London and
    > > > > was, to my complete horror denied.
    > > > >
    > > > > The reason was for a conviction that I received 8 years ago at the age of 19
    > > > > for possesion of a very small quantity (less than 1g) of both cannabis and
    > > > > amphetamine.
    > > > >
    > > > > Both myself and my fiance are extremely distraut about this. I did not expect
    > > > > this one and only conviction on my record to be a problem but it obviously
    > > > > is.
    > > > >
    > > > > I have been given the opportunity to apply for a visa waiver which i was told
    > > > > would take 4-6 weeks to process from application.
    > > > >
    > > > > I would appreciate any advice that anyone has for me on my chances of getting
    > > > > that waiver, how to write our statements to show a case of 'Exteme Hardship'.
    > > > > Or if there are any alternative means of me being granted a visa to enter the
    > > > > USA.
    > > > >
    > >
<snip>
    > > Drug offenses are generally ZERO tolerance.
    > That is a problem. I do not use them, if I would I would say so. But damn, I do not
    > know anyone in theUS who doesn't. And that is a reason to refuse a fiancee-visa for
    > a UK citizen? Something from 9 years ago?? Unbelievable.......

It's classic "Do as I say, not do as I do" arrogance. After all, they can't deny
entrance to a US citizen, but they can legally deny an alien, since this is
considered a serious crime of moral turpitude.

    > Alcohol is a drug too, but the same officer pours in a glass of Scotch after work.

Indeed it is, but it is a socially acceptable drug, where other are not. If
alcoholic drinks had been invented lately, I'm sure they'd be included in the list of
"prohibited drugs". Consider that the US went through alcohol prohibition, which
caused more problems than it created since its use is far more widespread than
canabis or others.


    > By the way: learn how to quote. My name is on top, but no letters of mine were in
    > your respons.

I know how to quote ... that was an accident of the Ctrl-X ... and now fixed in
this post.

Stuart
 
Old Sep 13th 2002, 12:40 pm
  #7  
James Donovan
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Posts: n/a
Default Re: K1 Visa Denied due to criminal record

StephenPouros <[email protected]> wrote in message
news:<[email protected]>...
    > Hi,
    > I have recently attended my K1 visa interview at the US embassy in London and was,
    > to my complete horror denied.
    > The reason was for a conviction that I received 8 years ago at the age of 19 for
    > possesion of a very small quantity (less than 1g) of both cannabis and amphetamine.
    > Both myself and my fiance are extremely distraut about this. I did not expect this
    > one and only conviction on my record to be a problem but it obviously is.
    > I have been given the opportunity to apply for a visa waiver which i was told would
    > take 4-6 weeks to process from application.
    > I would appreciate any advice that anyone has for me on my chances of getting that
    > waiver, how to write our statements to show a case of 'Exteme Hardship'. Or if
    > there are any alternative means of me being granted a visa to enter the USA.

Get a lawyer. That being said, do you have a genuine case of "Extreme hardship" in
your home country?
 
Old Sep 13th 2002, 3:05 pm
  #8  
L D Jones
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Default Re: K1 Visa Denied due to criminal record

James Donovan wrote:
    > StephenPouros <[email protected]> wrote in message
    > news:<[email protected]>...
    > > Hi,
    > >
    > > I have recently attended my K1 visa interview at the US embassy in London and
    > > was, to my complete horror denied.
    > >
    > > The reason was for a conviction that I received 8 years ago at the age of 19 for
    > > possesion of a very small quantity (less than 1g) of both cannabis and
    > > amphetamine.
    > >
    > > Both myself and my fiance are extremely distraut about this. I did not expect
    > > this one and only conviction on my record to be a problem but it obviously is.
    > >
    > > I have been given the opportunity to apply for a visa waiver which i was told
    > > would take 4-6 weeks to process from application.
    > >
    > > I would appreciate any advice that anyone has for me on my chances of getting
    > > that waiver, how to write our statements to show a case of 'Exteme Hardship'. Or
    > > if there are any alternative means of me being granted a visa to enter the USA.
    > Get a lawyer. That being said, do you have a genuine case of "Extreme hardship" in
    > your home country?

I thought the hardship had to be "borne" by or "proven for" the US citizen, not the
intending immigrant (unless that's what you mean)?
 
Old Sep 13th 2002, 3:16 pm
  #9  
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StephenPouros is an unknown quantity at this point
Default Re: K1 Visa Denied due to criminal record

Originally posted by James Donovan:
StephenPouros <[email protected]> wrote in message
news:<[email protected]>...
    > Hi,
    > I have recently attended my K1 visa interview at the US embassy in London and was,
    > to my complete horror denied.
    > The reason was for a conviction that I received 8 years ago at the age of 19 for
    > possesion of a very small quantity (less than 1g) of both cannabis and amphetamine.
    > Both myself and my fiance are extremely distraut about this. I did not expect this
    > one and only conviction on my record to be a problem but it obviously is.
    > I have been given the opportunity to apply for a visa waiver which i was told would
    > take 4-6 weeks to process from application.
    > I would appreciate any advice that anyone has for me on my chances of getting that
    > waiver, how to write our statements to show a case of 'Exteme Hardship'. Or if
    > there are any alternative means of me being granted a visa to enter the USA.

Get a lawyer. That being said, do you have a genuine case of "Extreme hardship" in
your home country?
Thanks, I have been looking into getting some legal advice for the past week however I had a lot of problems finding a lawyer in London that is experienced in US immigration law. Thus my finance has seen one in Boston who is willing to help us process the I-601 waiver for $1500. do you have experience in such things, is this a normal price?

As for extreme hardship, it may be difficult as we do not have any dependant children / family in the US. Our main case will revolve around my income (I am an IT Projects Manager so I would expect to earn around $100k in the US) being necessary to support my fiancé who is currently in medical school in Boston. Being in a good medical school (BMU) she would have to completely forgo her career if she was to move to the UK, which would be an extreme loss both to us and the USA.

Have you had any experience in these matters? I still cant believe that such a minor one off incident that happened to me a very young age is being used by the INS to make an unfair character judgement on myself.
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Old Sep 13th 2002, 6:52 pm
  #10  
Steggy
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Default Re: K1 Visa Denied due to criminal record

Stuart Brook wrote:
    > steggy wrote:
    > >
    > > Stuart Brook wrote:
    > <snip>
    > > > > StephenPouros wrote:
    > > > > >
    > > > > > Hi,
    > > > > >
    > > > > > I have recently attended my K1 visa interview at the US embassy in London
    > > > > > and was, to my complete horror denied.
    > > > > >
    > > > > > The reason was for a conviction that I received 8 years ago at the age of
    > > > > > 19 for possesion of a very small quantity (less than 1g) of both cannabis
    > > > > > and amphetamine.
    > > > > >
    > > > > > Both myself and my fiance are extremely distraut about this. I did not
    > > > > > expect this one and only conviction on my record to be a problem but it
    > > > > > obviously is.
    > > > > >
    > > > > > I have been given the opportunity to apply for a visa waiver which i was
    > > > > > told would take 4-6 weeks to process from application.
    > > > > >
    > > > > > I would appreciate any advice that anyone has for me on my chances of
    > > > > > getting that waiver, how to write our statements to show a case of 'Exteme
    > > > > > Hardship'. Or if there are any alternative means of me being granted a
    > > > > > visa to enter the USA.
    > > > > >
    > > >
    > <snip>
    > > > Drug offenses are generally ZERO tolerance.
    > >
    > > That is a problem. I do not use them, if I would I would say so. But damn, I do
    > > not know anyone in theUS who doesn't. And that is a reason to refuse a
    > > fiancee-visa for a UK citizen? Something from 9 years ago?? Unbelievable.......
    > It's classic "Do as I say, not do as I do" arrogance. After all, they can't deny
    > entrance to a US citizen, but they can legally deny an alien, since this is
    > considered a serious crime of moral turpitude.
    > > Alcohol is a drug too, but the same officer pours in a glass of Scotch
    > > after work.
    > Indeed it is, but it is a socially acceptable drug, where other are not. If
    > alcoholic drinks had been invented lately, I'm sure they'd be included in the list
    > of "prohibited drugs". Consider that the US went through alcohol prohibition,
    > which caused more problems than it created since its use is far more widespread
    > than canabis or others.
    > > By the way: learn how to quote. My name is on top, but no letters of mine were in
    > > your respons.
    > I know how to quote ... that was an accident of the Ctrl-X ... and now fixed in
    > this post.
    > Stuart

That's fine.
--
steg
 
Old Sep 14th 2002, 2:45 am
  #11  
James Donovan
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Posts: n/a
Default Re: K1 Visa Denied due to criminal record

L D Jones <[email protected]> wrote in message
news:<[email protected]>... hardship" in your home country?
    > I thought the hardship had to be "borne" by or "proven for" the US citizen, not the
    > intending immigrant (unless that's what you mean)?

Yeah, but my point was that so many people can claim "extreme hardship" for so many
false reasons so what's the point? Whilst I agree that there are many people in
genuine situation of hardship there are many others who are not and clearly in it
just to use that loophole in the system.
 
Old Sep 14th 2002, 5:06 pm
  #12  
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Joined: Aug 2002
Posts: 21
thuan001 is an unknown quantity at this point
Default Re: K1 Visa Denied due to criminal record

Drug offense is a crime of moral turpitude and you did receive a conviction which I assumed is equivalent to a felony.
The US has a zero tolerance policy on drug use which I think is way to harsh. But, tell that to the US Congress!
They made the law.
I can't think any any waivers for a felony drug offense.




Originally posted by James Donovan:
L D Jones <[email protected]> wrote in message
news:<[email protected]>... hardship" in your home country?
    > I thought the hardship had to be "borne" by or "proven for" the US citizen, not the
    > intending immigrant (unless that's what you mean)?

Yeah, but my point was that so many people can claim "extreme hardship" for so many
false reasons so what's the point? Whilst I agree that there are many people in
genuine situation of hardship there are many others who are not and clearly in it
just to use that loophole in the system.
thuan001 is offline  
Old Sep 15th 2002, 1:52 am
  #13  
James Donovan
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Default Re: K1 Visa Denied due to criminal record

steggy <[email protected]> wrote in message news:<[email protected]>...
    > Stuart Brook wrote:

    > > Drug offenses are generally ZERO tolerance.
    > That is a problem. I do not use them, if I would I would say
    > so. But damn, I do not know anyone in theUS who doesn't. And
    > that is a reason to refuse a fiancee-visa for a UK citizen?
    > Something from 9 years ago?? Unbelievable.......
    > Alcohol is a drug too, but the same officer pours in a glass
    > of Scotch after work.

Alcohol is a legal drug, just like Aspirin or viagra. Whilst I agree
that the effects of Alcohol can be just as dangerous as any other
drug, the fact of the matter is that the letter of the law does not
provide any penalties for abusing the drug called alcohol.

However, if it's any consolation, the USA has very little (ZERO as a
matter of fact) tolerance for DWI. SO if you had a previous DWI
conviction, it is likely that you can be denied immigration benefits.
 
Old Sep 15th 2002, 6:08 am
  #14  
Steggy
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Posts: n/a
Default Re: K1 Visa Denied due to criminal record

James Donovan wrote:
    > steggy <[email protected]> wrote in message news:<[email protected]>...
    > > Stuart Brook wrote:
    > > > Drug offenses are generally ZERO tolerance.
    > >
    > > That is a problem. I do not use them, if I would I would say
    > > so. But damn, I do not know anyone in theUS who doesn't. And
    > > that is a reason to refuse a fiancee-visa for a UK citizen?
    > > Something from 9 years ago?? Unbelievable.......
    > >
    > > Alcohol is a drug too, but the same officer pours in a glass
    > > of Scotch after work.
    > Alcohol is a legal drug, just like Aspirin or viagra. Whilst I agree
    > that the effects of Alcohol can be just as dangerous as any other
    > drug, the fact of the matter is that the letter of the law does not
    > provide any penalties for abusing the drug called alcohol.
    > However, if it's any consolation, the USA has very little (ZERO as a
    > matter of fact) tolerance for DWI. SO if you had a previous DWI
    > conviction, it is likely that you can be denied immigration benefits.

I had a "conviction" (between parantheses because it was
just a fine for 500 dollars) in The Netherlands like I said
before. DUI, not DWI. Where the hell is the difference. I
was allowed.
I feel sorry for the bloke in the UK, but agree with you. It
seems that crazy opinion about drugs in the US does not give
him any room to move........man, sorry, but it simply pisses
me off. Idiots come in to prepare for an attack on the WTC
etcetera, but he is not allowed to marry his girl, because
of a conviction 9 years ago about nothing. I believe soft
drugs are even tolerated now in England. OK not in
America............but jeeeeeeeee
--
steg
 
Old Sep 15th 2002, 12:46 pm
  #15  
Just Joined
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Joined: Sep 2002
Location: London
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StephenPouros is an unknown quantity at this point
Default Re: K1 Visa Denied due to criminal record

Originally posted by Steggy:
James Donovan wrote:
    > steggy <[email protected]> wrote in message news:<[email protected]>...
    > > Stuart Brook wrote:
    > > > Drug offenses are generally ZERO tolerance.
    > >
    > > That is a problem. I do not use them, if I would I would say
    > > so. But damn, I do not know anyone in theUS who doesn't. And
    > > that is a reason to refuse a fiancee-visa for a UK citizen?
    > > Something from 9 years ago?? Unbelievable.......
    > >
    > > Alcohol is a drug too, but the same officer pours in a glass
    > > of Scotch after work.
    > Alcohol is a legal drug, just like Aspirin or viagra. Whilst I agree
    > that the effects of Alcohol can be just as dangerous as any other
    > drug, the fact of the matter is that the letter of the law does not
    > provide any penalties for abusing the drug called alcohol.
    > However, if it's any consolation, the USA has very little (ZERO as a
    > matter of fact) tolerance for DWI. SO if you had a previous DWI
    > conviction, it is likely that you can be denied immigration benefits.

I had a "conviction" (between parantheses because it was
just a fine for 500 dollars) in The Netherlands like I said
before. DUI, not DWI. Where the hell is the difference. I
was allowed.
I feel sorry for the bloke in the UK, but agree with you. It
seems that crazy opinion about drugs in the US does not give
him any room to move........man, sorry, but it simply pisses
me off. Idiots come in to prepare for an attack on the WTC
etcetera, but he is not allowed to marry his girl, because
of a conviction 9 years ago about nothing. I believe soft
drugs are even tolerated now in England. OK not in
America............but jeeeeeeeee
--
steg
Thanks for the moral support steg. I am also particularly frustrated by the accessive laws imposed by the INS. I must also stress that I have never had a social problem with any kind of drug, legal or not. This was a one off incedent that happened when I was 19 years of age, and I am completely shocked by that fact that the American government does not beleive that a person can change or has any understanding of the fact that teenagers do many stupid things for a variety of stupid reasons but this does not mean that they should be treated as a dangerous criminals for the rest of their lives.

It just seems like double standards to me, wasn't George Bush in Cocaine rehab clinic in his past?

At the end of the day if the laywers cant sort this out for us America will lose a very capapable Projects Manager and a very capable Medical Doctor to another country, which I think is sad.
StephenPouros is offline  

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