ForumTitleContentMemberSexCountryDate/Time
Waivers (I-601 and I-212) and Administrative Processes (221g)On-line tracking system of I-601's submitted in London
Starting my posting comparing the updated March 23rd London waiver list with the next update (whenever that may be) Stay tuned...............
DA BOMBFemale02007-03-28 12:05:00
Waivers (I-601 and I-212) and Administrative Processes (221g)On-line tracking system of I-601's submitted in London

bump.

Still waiting since December 8, 2006.


Is dwar still around? I too will be monitoring the London waiver list daily and posting my findings so this thread doesnt vanish into the archives. Hang in there Angela....it will come. :)

Edited by MRS BILLY BONG, 27 March 2007 - 09:49 AM.

DA BOMBFemale02007-03-27 09:48:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Please Help!!!!
QUOTE (rebeccajo @ Mar 30 2008, 11:10 AM) <{POST_SNAPBACK}>
I don't post things here that I don't mean. I said I am happy your family is reunited and I am.


Oh St. Rebecca - if everyone was as dilligent about helping others as you are, this world would be a better place. Thank you for your huge concern for me and my family.
DA BOMBFemale02008-03-30 14:20:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Please Help!!!!
QUOTE (rebeccajo @ Mar 29 2008, 10:14 PM) <{POST_SNAPBACK}>
QUOTE (MRS BILLY BONG @ Mar 29 2008, 09:24 PM) <{POST_SNAPBACK}>
QUOTE (rebeccajo @ Mar 29 2008, 03:29 PM) <{POST_SNAPBACK}>
QUOTE (MRS BILLY BONG @ Mar 29 2008, 02:51 PM) <{POST_SNAPBACK}>
He was not ineligible for the VWP as we once thought - which is why he used it to get over here. You sure like regurgitating people's information dont you?


If he was not ineligible, then it would possibly be helpful to others if you would explain why.

However, since I personally know three people who have had convictions in the UK on their record who were VWP ineligible, I think you are trying to spin a story to cover your rear end.


That would be because he had a clean national police record. He had a warning we thought would warrant the use of a waiver but it was not needed. I'd appreciate it rebecca if you would kindly get off my a$$ with your rude comments in text. Thanks.


Having a clean 'national' record doesn't have squat to do with whether or not a crime is an 'exception' under the Visa Waiver Program.

Neither does it have anything to do with adjusting status.

If you think you know something we don't, I'd appreciate you explaining how you came to that knowledge.

As a matter of fact, I'm completely done commenting on this subject. It's pointless anyway until you disclose the entirety of your situation and how things worked out for the two of you. If you don't wish to do that in public, that's your call. But it's rather unfair to other posters if there is a legal way 'around' a marijuana possession and use of the VWP; around filing a waiver for it; and around disclosure of that at adjustment of status without completely telling your story to us.

This isn't about 'enquiring minds' wanting to know. This is about a claim you are round-about making on these boards without going into detail. Without the detail, your claim is fruitless to others. I don't intend to make an idiot out of myself trying to get you to let us in on what happened.

I tried to help you last spring when your story came to light. You disappeared from the boards. None of us knew why.

I'm glad your family is reunited and happy. If you have something worthwhile to tell us, that would be helpful. If not - then I'm not sure what your purpose here is unless it is to give false hope to others.


Wow - my situation really ticks you off doesnt it? You seem to know more about it than even I do! Please tell me what "claim" im trying to make? I read a post - add my 2 cents like everyone else then I wait for you to chase me, chomping at my coat tail. I disappeared from this board because I sent in my petition then proceeded to be very sick and pregnant, move into a new house, struggle at work, and mother my two preteens. I wanted to just sell you the novel of my life so at least I could make some money on the proceeds but its not finished.

Look lady, you're under some impression that I have an underground railroad from the UK to the States and that we evaded the system with my Mission Impossible false documentation and face altering plastic surgery - but the facts are that we went into the process with all the same background checks as everyone else. Are you telling me that the FBI and CIA arent doing their job? That perhaps my husband used someone else's hand for his fingerprints?

Get real, you are anything BUT happy that my family is reunited. I've been through hell. The money spent for our K1 and our plans to wait it out were disrupted when our 4 week old baby ended up in emergency surgery - this is when we decided to adjust within the US. Did I preplan the 4 days in terror while he went through that ordeal? I cant understand your heated desire to "bust" me on immigration fraud when there's illegals who swam across the Rio Grande or fake marriages for the sole purpose of a GC.
DA BOMBFemale02008-03-30 11:04:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Please Help!!!!
QUOTE (rebeccajo @ Mar 29 2008, 03:29 PM) <{POST_SNAPBACK}>
QUOTE (MRS BILLY BONG @ Mar 29 2008, 02:51 PM) <{POST_SNAPBACK}>
He was not ineligible for the VWP as we once thought - which is why he used it to get over here. You sure like regurgitating people's information dont you?


If he was not ineligible, then it would possibly be helpful to others if you would explain why.

However, since I personally know three people who have had convictions in the UK on their record who were VWP ineligible, I think you are trying to spin a story to cover your rear end.


That would be because he had a clean national police record. He had a warning we thought would warrant the use of a waiver but it was not needed. I'd appreciate it rebecca if you would kindly get off my a$$ with your rude comments in text. Thanks.
DA BOMBFemale02008-03-29 20:24:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Please Help!!!!
QUOTE (rebeccajo @ Mar 28 2008, 06:54 PM) <{POST_SNAPBACK}>
QUOTE (MRS BILLY BONG @ Mar 28 2008, 03:58 PM) <{POST_SNAPBACK}>
QUOTE (rebeccajo @ Mar 28 2008, 10:10 AM) <{POST_SNAPBACK}>
QUOTE (MRS BILLY BONG @ Mar 28 2008, 11:00 AM) <{POST_SNAPBACK}>
QUOTE (rebeccajo @ Mar 27 2008, 10:58 AM) <{POST_SNAPBACK}>
QUOTE (MRS BILLY BONG @ Mar 27 2008, 10:57 AM) <{POST_SNAPBACK}>
QUOTE (Kathryn41 @ Mar 26 2008, 07:55 PM) <{POST_SNAPBACK}>
QUOTE (rebeccajo @ Mar 26 2008, 08:49 PM) <{POST_SNAPBACK}>
QUOTE (Kathryn41 @ Mar 26 2008, 08:04 PM) <{POST_SNAPBACK}>
The process in Canada is called a pardon. It does not sound like the OP is pursuing a pardon, rather is pursuing a US waiver. You can apply for a waiver even if you are only an intended visitor, however, as noted above, a waiver for possession of marijuana (less than 50 grams) is only available on a family petition.


Thanks Kathryn.

I'm assuming this 'waiver' for Canadian visitors is possibly the same as a VWP citizen having to apply for a visitors visa when they have a conviction?

I knew a guy from the UK who had convictions (not drug related) and he applied for and was granted a visitors visa which he used a couple of times to visit his fiance in the US. They later filed the K1 and subsequent waivers, which were granted.

If I'm understanding you properly, we're in agreement that the 'waiver' for traveling doesn't supercede the waiver for potential immigrating.

Yes, it would be a different waiver for visiting than for potential immigrating. My experience with US waivers dates from when I worked in the Member of Parliament's office in our area. We were an hour from the border and often had truckers come in who needed to request US waivers to allow them to drive a truck across the border for their employer to make a delivery. We actually downloaded the forms for them from the US immigration site, but they had to fill them out and submit all of the documentation plus the fees to the appropriate US authority themselves. They were not happy campers since waivers at that time for taking almost a year for approval. Some of them literally lost their jobs because they couldn't cross the border. A lot of them had already gone through the process of applying for a Canadian pardon (which were taking about 18 weeks at that time) and were mad as hell that it didn't make a difference to the US authorities and they then had to turn around and apply for the US waivers. If they came to us first we generally told them not to bother with the pardons and just go straight for the waivers.


Im wondering if it makes a difference that the crime was committed within the US instead on Canadian soil.


Any 'waiver' obtained prior to filing the K1 doesn't negate the need for filing the 601/212 after a denial for a fiance or spousal visa. The process was already explained above.

The crime was committed while crossing a border. Not 'within' the US.

I don't think we're doing the OP any good by further speculation. They need their RCMP report and a consult with an attorney.



My further speculation was out of curiosity. Is that OK??


If you had the personal knowledge of this process that you should have, your curiosity would be moot.


Why would I? You seem to have all the answers.


Because you inquired here:

http://www.visajourn...mp;#entry767499


He was not ineligible for the VWP as we once thought - which is why he used it to get over here. You sure like regurgitating people's information dont you?
DA BOMBFemale02008-03-29 13:51:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Please Help!!!!
QUOTE (rebeccajo @ Mar 28 2008, 10:10 AM) <{POST_SNAPBACK}>
QUOTE (MRS BILLY BONG @ Mar 28 2008, 11:00 AM) <{POST_SNAPBACK}>
QUOTE (rebeccajo @ Mar 27 2008, 10:58 AM) <{POST_SNAPBACK}>
QUOTE (MRS BILLY BONG @ Mar 27 2008, 10:57 AM) <{POST_SNAPBACK}>
QUOTE (Kathryn41 @ Mar 26 2008, 07:55 PM) <{POST_SNAPBACK}>
QUOTE (rebeccajo @ Mar 26 2008, 08:49 PM) <{POST_SNAPBACK}>
QUOTE (Kathryn41 @ Mar 26 2008, 08:04 PM) <{POST_SNAPBACK}>
The process in Canada is called a pardon. It does not sound like the OP is pursuing a pardon, rather is pursuing a US waiver. You can apply for a waiver even if you are only an intended visitor, however, as noted above, a waiver for possession of marijuana (less than 50 grams) is only available on a family petition.


Thanks Kathryn.

I'm assuming this 'waiver' for Canadian visitors is possibly the same as a VWP citizen having to apply for a visitors visa when they have a conviction?

I knew a guy from the UK who had convictions (not drug related) and he applied for and was granted a visitors visa which he used a couple of times to visit his fiance in the US. They later filed the K1 and subsequent waivers, which were granted.

If I'm understanding you properly, we're in agreement that the 'waiver' for traveling doesn't supercede the waiver for potential immigrating.

Yes, it would be a different waiver for visiting than for potential immigrating. My experience with US waivers dates from when I worked in the Member of Parliament's office in our area. We were an hour from the border and often had truckers come in who needed to request US waivers to allow them to drive a truck across the border for their employer to make a delivery. We actually downloaded the forms for them from the US immigration site, but they had to fill them out and submit all of the documentation plus the fees to the appropriate US authority themselves. They were not happy campers since waivers at that time for taking almost a year for approval. Some of them literally lost their jobs because they couldn't cross the border. A lot of them had already gone through the process of applying for a Canadian pardon (which were taking about 18 weeks at that time) and were mad as hell that it didn't make a difference to the US authorities and they then had to turn around and apply for the US waivers. If they came to us first we generally told them not to bother with the pardons and just go straight for the waivers.


Im wondering if it makes a difference that the crime was committed within the US instead on Canadian soil.


Any 'waiver' obtained prior to filing the K1 doesn't negate the need for filing the 601/212 after a denial for a fiance or spousal visa. The process was already explained above.

The crime was committed while crossing a border. Not 'within' the US.

I don't think we're doing the OP any good by further speculation. They need their RCMP report and a consult with an attorney.



My further speculation was out of curiosity. Is that OK??


If you had the personal knowledge of this process that you should have, your curiosity would be moot.


Why would I? You seem to have all the answers.
DA BOMBFemale02008-03-28 14:58:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Please Help!!!!
QUOTE (rebeccajo @ Mar 27 2008, 10:58 AM) <{POST_SNAPBACK}>
QUOTE (MRS BILLY BONG @ Mar 27 2008, 10:57 AM) <{POST_SNAPBACK}>
QUOTE (Kathryn41 @ Mar 26 2008, 07:55 PM) <{POST_SNAPBACK}>
QUOTE (rebeccajo @ Mar 26 2008, 08:49 PM) <{POST_SNAPBACK}>
QUOTE (Kathryn41 @ Mar 26 2008, 08:04 PM) <{POST_SNAPBACK}>
The process in Canada is called a pardon. It does not sound like the OP is pursuing a pardon, rather is pursuing a US waiver. You can apply for a waiver even if you are only an intended visitor, however, as noted above, a waiver for possession of marijuana (less than 50 grams) is only available on a family petition.


Thanks Kathryn.

I'm assuming this 'waiver' for Canadian visitors is possibly the same as a VWP citizen having to apply for a visitors visa when they have a conviction?

I knew a guy from the UK who had convictions (not drug related) and he applied for and was granted a visitors visa which he used a couple of times to visit his fiance in the US. They later filed the K1 and subsequent waivers, which were granted.

If I'm understanding you properly, we're in agreement that the 'waiver' for traveling doesn't supercede the waiver for potential immigrating.

Yes, it would be a different waiver for visiting than for potential immigrating. My experience with US waivers dates from when I worked in the Member of Parliament's office in our area. We were an hour from the border and often had truckers come in who needed to request US waivers to allow them to drive a truck across the border for their employer to make a delivery. We actually downloaded the forms for them from the US immigration site, but they had to fill them out and submit all of the documentation plus the fees to the appropriate US authority themselves. They were not happy campers since waivers at that time for taking almost a year for approval. Some of them literally lost their jobs because they couldn't cross the border. A lot of them had already gone through the process of applying for a Canadian pardon (which were taking about 18 weeks at that time) and were mad as hell that it didn't make a difference to the US authorities and they then had to turn around and apply for the US waivers. If they came to us first we generally told them not to bother with the pardons and just go straight for the waivers.


Im wondering if it makes a difference that the crime was committed within the US instead on Canadian soil.


Any 'waiver' obtained prior to filing the K1 doesn't negate the need for filing the 601/212 after a denial for a fiance or spousal visa. The process was already explained above.

The crime was committed while crossing a border. Not 'within' the US.

I don't think we're doing the OP any good by further speculation. They need their RCMP report and a consult with an attorney.



My further speculation was out of curiosity. Is that OK??
DA BOMBFemale02008-03-28 10:00:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Please Help!!!!
QUOTE (Kathryn41 @ Mar 26 2008, 07:55 PM) <{POST_SNAPBACK}>
QUOTE (rebeccajo @ Mar 26 2008, 08:49 PM) <{POST_SNAPBACK}>
QUOTE (Kathryn41 @ Mar 26 2008, 08:04 PM) <{POST_SNAPBACK}>
The process in Canada is called a pardon. It does not sound like the OP is pursuing a pardon, rather is pursuing a US waiver. You can apply for a waiver even if you are only an intended visitor, however, as noted above, a waiver for possession of marijuana (less than 50 grams) is only available on a family petition.


Thanks Kathryn.

I'm assuming this 'waiver' for Canadian visitors is possibly the same as a VWP citizen having to apply for a visitors visa when they have a conviction?

I knew a guy from the UK who had convictions (not drug related) and he applied for and was granted a visitors visa which he used a couple of times to visit his fiance in the US. They later filed the K1 and subsequent waivers, which were granted.

If I'm understanding you properly, we're in agreement that the 'waiver' for traveling doesn't supercede the waiver for potential immigrating.

Yes, it would be a different waiver for visiting than for potential immigrating. My experience with US waivers dates from when I worked in the Member of Parliament's office in our area. We were an hour from the border and often had truckers come in who needed to request US waivers to allow them to drive a truck across the border for their employer to make a delivery. We actually downloaded the forms for them from the US immigration site, but they had to fill them out and submit all of the documentation plus the fees to the appropriate US authority themselves. They were not happy campers since waivers at that time for taking almost a year for approval. Some of them literally lost their jobs because they couldn't cross the border. A lot of them had already gone through the process of applying for a Canadian pardon (which were taking about 18 weeks at that time) and were mad as hell that it didn't make a difference to the US authorities and they then had to turn around and apply for the US waivers. If they came to us first we generally told them not to bother with the pardons and just go straight for the waivers.


Im wondering if it makes a difference that the crime was committed within the US instead on Canadian soil.
DA BOMBFemale02008-03-27 09:57:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Please Help!!!!
QUOTE (rebeccajo @ Mar 26 2008, 05:32 PM) <{POST_SNAPBACK}>
QUOTE (MRS BILLY BONG @ Mar 26 2008, 05:46 PM) <{POST_SNAPBACK}>
QUOTE (rebeccajo @ Mar 25 2008, 10:25 PM) <{POST_SNAPBACK}>
QUOTE (MRS BILLY BONG @ Mar 25 2008, 07:12 PM) <{POST_SNAPBACK}>
QUOTE (NanHatch @ Mar 25 2008, 01:07 PM) <{POST_SNAPBACK}>
This past december/07 I made the critical error of forgetting a tiny quantity of marijuana in my purse when I was on my way to see my fiancee (less than 0.5gr) In which the killer part wasn't even mine!!! My fault! Anyway, they found it on my way to Detroit ( I was crossing in Port. Huron) and charged me with possession. My laywer got me a 74-11 in which the terms are : As long as I fufill my 24 months probation the 74-11 enititles me to my record not even existing (so therefore it won't even show that I was charged anywhere in the world).

My fiance and I went to Cancun in the month of February, flew out of Detroit (since the judged allowed me to go on my vacation) however, when we returned they wouldn't allow me to leave the airport, and escorted me back to Windsor telling me that I am inadmissable to the U.S. due to my guilty charge of the possession. I told them about the expungememt, but they said it doesn't matter that i'm going through a diversion program, once it's in their computers then I am no longer allowed to enter the U.S. without a waiver.

I have since then started the process to recieve a criminal waiver ( no other criminal history...other than this charge in the U.S. and no criminal history in Canada) I am currently waiting for my RCMP finger print criminal history to come back to send out the application to the U.S. customs and immigration.

My questions are:
1. Can we still apply for a K-1 visa without me recieving this waiver first?? or can we apply for the K-1??
2. Do I have to disclose this charge on my application??
3. Is there anything that I need to do if he wanted to spnsor me??

He is an incredible man. I realized that I made a bad decision..and now we're kinds stuck...if anyone can help me with these answers I would really appreciate it!!! sad.gif


Yes - apply for the K1 and definitely disclose this offense and its details. The only waiverable drug offense is a single possession of cannabis under 30 grams. Waivers are typically filed at the interview - you're just getting yours done ahead of time. Sounds like your waiver will be processed along with your K1 application so maybe you wont have to wait after the interview like everyone else does!


You must report any charges or convictions to the consulate when you request any type of visa.

I presume the 'criminal waiver' you speak of is a matter in the Canadian courts? I presume you are not referring to a waiver for crimes of moral turpitude in connection with an application for a US visa, as those waivers are not filed until the visa interview or shortly after. If so, this 'waiver' you speak of may 'expunge' your record in Canada, but it still must be reported to US officials when you request a visa.

Your best answers are going to be gathered when you meet with an attorney familiar with US immigration law. I would strongly advise you to do this and not to rely on the information previously given to you in this thread.

Your RCMP report is vital to you at this point - do not schedule an appointment with an attorney until you have received it and know exactly what it says. The fact that your 'crime' occurred while you were crossing international borders may make a difference in the charges on your record.

Good luck to you and let us know what you find out.


Why would the criminal waiver come from Canada if she's trying to enter the USA? "I am currently waiting for my RCMP finger print criminal history to come back to send out the application to the U.S. customs and immigration." <<pretty sure this is the an I-601.


I have no idea why the 'waiver' the OP speaks of would be coming from Canada. I can only assume there is a disconnect here in knowledge of the way the process works or knowledge of terminology.

There can be no 601 waiver filing at this point because the OP has no qualifying relative to file the hardship letters.

Until the OP comes back and tells us more, I'm thinking she is either going through some sort of process in Canada which 'waives' or expunges the crime (terminology disconnect between what we know of US immigration and what we don't know about Canadian law) OR the OP is starting to gather evidence in anticipation of filing a waiver AFTER the K1 is approved.


When a person files a waiver for a tourist visa do they use the I-601? Or is there another? Also - if a waiver is filed for a tourist visa to enter the country do you know if that can be used in conjunction with the K1? Seems logical to use one waiver to get into the US regardless which route she takes.
DA BOMBFemale02008-03-27 09:53:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Please Help!!!!
QUOTE (rebeccajo @ Mar 25 2008, 10:25 PM) <{POST_SNAPBACK}>
QUOTE (MRS BILLY BONG @ Mar 25 2008, 07:12 PM) <{POST_SNAPBACK}>
QUOTE (NanHatch @ Mar 25 2008, 01:07 PM) <{POST_SNAPBACK}>
This past december/07 I made the critical error of forgetting a tiny quantity of marijuana in my purse when I was on my way to see my fiancee (less than 0.5gr) In which the killer part wasn't even mine!!! My fault! Anyway, they found it on my way to Detroit ( I was crossing in Port. Huron) and charged me with possession. My laywer got me a 74-11 in which the terms are : As long as I fufill my 24 months probation the 74-11 enititles me to my record not even existing (so therefore it won't even show that I was charged anywhere in the world).

My fiance and I went to Cancun in the month of February, flew out of Detroit (since the judged allowed me to go on my vacation) however, when we returned they wouldn't allow me to leave the airport, and escorted me back to Windsor telling me that I am inadmissable to the U.S. due to my guilty charge of the possession. I told them about the expungememt, but they said it doesn't matter that i'm going through a diversion program, once it's in their computers then I am no longer allowed to enter the U.S. without a waiver.

I have since then started the process to recieve a criminal waiver ( no other criminal history...other than this charge in the U.S. and no criminal history in Canada) I am currently waiting for my RCMP finger print criminal history to come back to send out the application to the U.S. customs and immigration.

My questions are:
1. Can we still apply for a K-1 visa without me recieving this waiver first?? or can we apply for the K-1??
2. Do I have to disclose this charge on my application??
3. Is there anything that I need to do if he wanted to spnsor me??

He is an incredible man. I realized that I made a bad decision..and now we're kinds stuck...if anyone can help me with these answers I would really appreciate it!!! sad.gif


Yes - apply for the K1 and definitely disclose this offense and its details. The only waiverable drug offense is a single possession of cannabis under 30 grams. Waivers are typically filed at the interview - you're just getting yours done ahead of time. Sounds like your waiver will be processed along with your K1 application so maybe you wont have to wait after the interview like everyone else does!


You must report any charges or convictions to the consulate when you request any type of visa.

I presume the 'criminal waiver' you speak of is a matter in the Canadian courts? I presume you are not referring to a waiver for crimes of moral turpitude in connection with an application for a US visa, as those waivers are not filed until the visa interview or shortly after. If so, this 'waiver' you speak of may 'expunge' your record in Canada, but it still must be reported to US officials when you request a visa.

Your best answers are going to be gathered when you meet with an attorney familiar with US immigration law. I would strongly advise you to do this and not to rely on the information previously given to you in this thread.

Your RCMP report is vital to you at this point - do not schedule an appointment with an attorney until you have received it and know exactly what it says. The fact that your 'crime' occurred while you were crossing international borders may make a difference in the charges on your record.

Good luck to you and let us know what you find out.


Why would the criminal waiver come from Canada if she's trying to enter the USA? "I am currently waiting for my RCMP finger print criminal history to come back to send out the application to the U.S. customs and immigration." <<pretty sure this is the an I-601.
DA BOMBFemale02008-03-26 16:46:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Please Help!!!!
QUOTE (emt103c @ Mar 25 2008, 04:03 PM) <{POST_SNAPBACK}>
Start looking into the waiver process, it is a very involved process. Start looking into the I-601 hardship waiver. Immigrate2us.net is the most organized place to start and k1 is probably the fastest way to go.

For an immigrant visa it is still possible (even for a k1) that you won't need one. Check out the INA exception for criminal waivers: This is from the INA 212 a (2)A(ii)

(ii) Exception.-Clause (i)(I) shall not apply to an alien who committed only one crime if-

(II) the maximum penalty possible for the crime of which the alien was convicted (or which the alien admits having committed or of which the acts that the alien admits having committed constituted the essential elements) did not exceed imprisonment for one year and, if the alien was convicted of such crime, the alien was not sentenced to a term of imprisonment in excess of 6 months (regardless of the extent to which the sentence was ultimately executed).

Does this apply to you?


She falls into the 212(h) category:

212(h) waivers

If you have criminal convictions, it is more difficult to get legal status through a family member. You may be eligible to ask for a waiver (or pardon) for your crimes. There are several types of waivers, but the most common is a 212(h) waiver.

What is a 212(h) waiver?

It is a waiver that allows you to get legal status through a family member even though you have criminal convictions. It can waive the following crimes:

*Crimes of “moral turpitude” except murder or torture
*Multiple criminal convictions
*Prostitution
*only one offense (whether you admitted to the act or were actually convicted) of simple possession of 30 grams or less of marijuana (no other drug crimes can be waived)
*diplomats who claimed “immunity” to keep from being prosecuted
DA BOMBFemale02008-03-25 18:22:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Please Help!!!!
QUOTE (NanHatch @ Mar 25 2008, 01:07 PM) <{POST_SNAPBACK}>
This past december/07 I made the critical error of forgetting a tiny quantity of marijuana in my purse when I was on my way to see my fiancee (less than 0.5gr) In which the killer part wasn't even mine!!! My fault! Anyway, they found it on my way to Detroit ( I was crossing in Port. Huron) and charged me with possession. My laywer got me a 74-11 in which the terms are : As long as I fufill my 24 months probation the 74-11 enititles me to my record not even existing (so therefore it won't even show that I was charged anywhere in the world).

My fiance and I went to Cancun in the month of February, flew out of Detroit (since the judged allowed me to go on my vacation) however, when we returned they wouldn't allow me to leave the airport, and escorted me back to Windsor telling me that I am inadmissable to the U.S. due to my guilty charge of the possession. I told them about the expungememt, but they said it doesn't matter that i'm going through a diversion program, once it's in their computers then I am no longer allowed to enter the U.S. without a waiver.

I have since then started the process to recieve a criminal waiver ( no other criminal history...other than this charge in the U.S. and no criminal history in Canada) I am currently waiting for my RCMP finger print criminal history to come back to send out the application to the U.S. customs and immigration.

My questions are:
1. Can we still apply for a K-1 visa without me recieving this waiver first?? or can we apply for the K-1??
2. Do I have to disclose this charge on my application??
3. Is there anything that I need to do if he wanted to spnsor me??

He is an incredible man. I realized that I made a bad decision..and now we're kinds stuck...if anyone can help me with these answers I would really appreciate it!!! sad.gif


Yes - apply for the K1 and definitely disclose this offense and its details. The only waiverable drug offense is a single possession of cannabis under 30 grams. Waivers are typically filed at the interview - you're just getting yours done ahead of time. Sounds like your waiver will be processed along with your K1 application so maybe you wont have to wait after the interview like everyone else does!
DA BOMBFemale02008-03-25 18:12:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Uk Waiver club 601/212, List for uk waivers sign up!

Anna I would assume he will need a waiver. It sounds like he has reformed his life quite a bit. I would get him to write a letter on his own behalf explaining his reasoning as to what was going on his head when these things were occurring. Also get some of his closest friends and perhaps his employer to write some character reference letters on his behalf.

You brought up a good point with your elderly friend you are close to. Do you provide care for her/him? If there is really no one caring for them and you seem to be it, then use it in your brief. Use the financial argument although that alone isnt enough according to guidelines.

Use your medical conditions and explain fully what can happen to you. I think you really need to focus on his reform.

I really hope you can get the other site to pull up. I am a mod over there and we have had issues with speed and downloading. Go to the forum and go over to the waiver section. The approval letters are in the sticky section after you get into the waiver forum.


Character letters of reform are helpful but time and again I read where the hardship is the USC's hardship if the beneficiary wasnt in the US....not the hardship for the beneficiary is she or she wasnt allowed in.
DA BOMBFemale02007-03-19 18:31:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Uk Waiver club 601/212, List for uk waivers sign up!

Well it's always a chance they will approve you but better be safe than sorry and go ahead and prepare your waiver so you can turn it in to them at the interview in case it goes that route.

Did he get convicted? I am sorry I cant be of much help as I dont know much about the UK laws.

As for the waiver part..

Do you have community ties?
A desire for an american education, student loans, debt?


When I wrote my waiver I was based in Sweden living with my then spouse. I compared and contrasted and made my case for the worst possible outcome if I didnt return to the US. Although our situation was far more complex and we had children.

Dont worry, it will turn out just fine I am sure! :)

You can always go to Immigrate2US to see some waiver brief examples relating to the UK. (I hope I didnt overstep my bounds with VJ there..) :unsure:



i've been to immigrate2us, but for some reason the vast majority of the threads won't download properly and i end up with one line repeated over and over...very annoying because it seems like there is some very important information over there!!

he was convicted and fined, did no jail time and the amount he was caught with was significantly less than 30g...since then he's quit smoking pot, has been employed, is active in the community (as allotment warden) and has had no further problems with the law...

i have tenuous ties to the USA: i have no family, but very close friends that i consider family, including a friend who is disabled and over 70, and a beloved godson who is 14...i know the immigration people won't understand this, but they ARE my family, since my own family died when i was 22 (22 years ago)...i already have a college degree, so no educational needs, but i have some significant health problems (ovarian cancer and diabetes)...however, i receive care here in the UK through the NHS, so i can't see how i can prove 'extreme hardship'...

the only thing i can think of is to try to impress on them how isolated i am socially, how dependent i am on my husband for care and many other aspects of life, and that we are financially stymied here and would be considerably better off in America...does that sound like enough????

i'm frantic; i haven't slept in days, and i'm terrified i'll end up having to stay here in the UK for the rest of my life...

Anna


How long have you been there?
DA BOMBFemale02007-03-19 08:38:00
United KingdomSooo.. to be approved at interview..

So, my fiance had his interview today. I suppose he got there at 10am for his 10:30am interview (I told him to get there earlier!) Anyways, he said he waited about 2 hours to get in, that was the toughest part. So, about 12:30 he's calling me, said it was simple. I was asking a few questions.. he didn't mention the two different times at the window really. I was like, isn't there support to be two parts? Which he KNEW, cuz I have sent him so many posts on here about reviews of the interviews.. he should have known! So he's like, maybe there is. So the 'tard has to go back in, luckily they let him skip the line after he explains the situation.. Anyways, by the time he gets in there, the interview guy was expecting him and asked where he had been. He told him the situation, that he was outside of the building even and the guy started laughing at him! Which he deserved, cuz how retarded was that!?!?! I didn't get all the details, but they just asked how many times he's been over here, if I've ever been over there. Can't remember what else they may have asked. I might have him type up a real review for the embassy to post. He said it was so simple though. Not to worry about it. My baby is gonna be here soooooon. I'm so excited! Hopefully within the next 2-3 weeks he can fly over. Yay!!!


2 Parts? God...Im going to have to go to the interview with him.
DA BOMBFemale02007-03-29 10:22:00
US Embassy and Consulate Discussionregarding the employer letter and bank letter
BostonParis is correct - The US wont be concerned about his former job once he's here...they want to know who will be supporting him while he waits for his SS card so he'll be able to work. In addition to pay stubs and income tax information I also had my employer write a letter with my dates of employment and rates of pay. I included bank statements and asked for a letter with the dates my accounts opened. The more income information you have the better. Good luck. xx








We were wondering about the proof for job and Bank that my fiance will need for his itnerview at the Embassy, for his job should he take his pay slips only or take a letter from his manager.? Also regarding his Bank Account , would a recent bank statement be enough or should he also bring a letter from Bank Officer or Manager stateing date account was opened? If he should bring a letter what information is to be included?


DA BOMBFemale02007-01-20 12:18:00
K-3 Spouse Visa Process & ProceduresI-130 vs I-129f confusion
This thread may need to be closed and archived... thanks to modern American bureaucracy, the fees and requirements have changed substantially. Now, a Non-immigrant Spouse Visa requires BOTH and I-130 AND I-129F to be filed. In addition to this, there has been a new fee levied by USCIS which must be paid prior to entry into the United States.

From the State Department Website (http_semicolon_//travel_dot_state_dot_gov/visa/immigrants/types/types_2993_dot_html)

The First Step: Filing the Petitions

You, the U.S. citizen sponsor, must first file Form I-130, Petition for Alien Relative, with the Department of Homeland Security (DHS), U.S. Citizenship and Immigration Services (USCIS) office that serves the area where you live. The USCIS will send a Notice of Action (Form I-797) receipt notice to inform you that it has received the petition. See the USCIS website under K-3/K-4 Nonimmigrant Visas for more information.
You must then file Form I-129F, Petition for Alien Fiancé(e), for your foreign-citizen spouse and stepchildren. See Direct Filing Addresses for Form I-129F, Petition for Alien Fiancé(e) for information on where to file the petition for a K-3 visa.
After USCIS approves the petitions, they will be sent to the National Visa Center (NVC) for processing.

As for the fees, for the I-130, it will be $420 per person (spouse and any step-children)... then the I-129F; though it says no fee for K3 Visa applicants, it also says for IMMIGRANT Visas however, the K3 is a NON-IMMIGRANT Visa. The K-Visa application fees are currently $240 per family member. And then, IF the Visa is approved, the USCIS Immigrant fee of $165 per family member. This does not include medical examination or vaccination costs which are requisite for the Visa approval, nor the costs for airfare or the adjustment of status to legal immigrant status.

So, in my case, just to get my wife and her daughter here, I am looking at paying roughly $2,000 in fees for the CONSIDERATION of letting her come to the U.S. to be with me...

And then, applying for adjustment of status is $985 for the spouse and $635 per child if applying at the same time as the parent/spouse... oh yes, not to forget the $85 biometric fee as well. =-)
ca1bearNot Telling02013-01-29 02:25:00