"Uk" Waiver club 601/212, List for uk waivers sign up!

[Peggy 1]

Just wanted to say how sorry I am that your wavier got denied.

HUGS

Wishing the best for you two

[siobhan36 0]

Mary & Tom

So saddened to hear of your denial, ive been waiting to see the outcome of this since the day you went to london for the interview and begain the wait.

my heart goes out to you both, i wish you both well for the future whichever path you take (hugs)

[nigel 7]

Mary--I am very very sorry!

Can you post your hardship letter if you had one? Maybe we can help in some way. You might could file a MTR and then be able to submit more evidence which would undoubtedly help your case.

Nigel--help me here....is it a Motion to Reopen or Motion to Reconsider..or are they the same thing? In any event you can appeal this decision.

the hardship letter had nothing to do with it... the charge was unwaiverable all along but we were led to believe that they were willing to overlook that as the charge was bogus all along.

(same) more or less...the difference is when you resubmitt to reconsider waiver again...all you do is ask the officer to go over it again...to see if he/she can change his/her mind or he/she missed something most people skip that and file the MTR.....when you file MTR then new hardships i mean make them stronger and a board of appeals deal with that in washington DC...with new officer/s look at your case..

Yep...Mary...MTR ..reopen file...this goes to the board of appeals in WDC immigration...

you must submitt this i think within a short time after the waiver was denied...i "think" its "15 days" after..but i check it out if ya like...

when you file MTR with hardhips letters with stronger arguments this then would go to board of immigration appeals....WDC...i think if that fails you can if your pocket will take you is to a immigration court of appeals..but really i cant see that to happen in your case as this thing of ya hubby was yrs ago...this is what makes me more mad about your case here...

I can't say how you both must be feeling at this time...but it must be a bloody nightmare...

like i said you have options here and if you want to take them like members who are/ was the same as you both and got Approved at the end...its a pain in the ### and a little longer but worth it in the end...

but its your call whatever you decide my love...

The only bit of sound Advice i can give you is...several things..ie..

contact L.scott...via e/mail (small fee) think $35.00

or she has a open surgery on her web site chat on wed ev (free)

then she will let you know straight up what needs to be done ect....yes she will charge you but i think she will work with you with payments to....she has a good Approvel rate in this topic waivers ect...she learned her trade through her husband who was also denied....so she do know her stuff..ive been told by many....

Mary get in contact its worth a call or mail..thats if you want to...

or if money is tight then why not do it yaself with the help from immigrant2us.net site...there are many members who has and still is in the same as you both...

Mary.....this got to be a big drain on you both....and whatever you both decide....i and others here will back you up....100%

In the mean time i shall let you be with your husband and give you time to take in this pain in the ### system the us immigration has...

As a side Note i feel the treatment of a USc is nothing short as in-humane to say the least...

what gives them power freaks to jusify two loving people to be split from each other?

How can they can play God? Who the hell they think they are?

Im so bloody mad about this...im really am...sorry everyone but really...arrrrrrrrr

Mary and Tom..your not on your own.....there is help there and options for you.....

Whatever you do...myself and others will back you and respect whatever path you both take.....

I wish you both well....

God Bless..

Edited March 5, 2006 by nigel

[mary&tom 0]

we do appreciate everyones support and suggestions. at the moment our minds still are not working correctly. we do not know what to do.. feel too battered to do anything really. i think we are in shock. we really believed at the interview that they were saying it would be treated as personal possession but now we find the waiver department only saw it as exporting.

it was personal possession.. not tom's but it was possession by the guy who owned the car.. it was a personal amount for the personal use of that person .. they just happened to be on their way to ireland and were stopped at the ferryport. obviously that guy was totally stupid to have it in that situation. if tom had known it was in the car he would have insisted they turn around or get rid of it.

i guess what we really needed with our waiver was an extremely detailed explaination of what happened... not the concise account we gave them. we tend to find wordy overdone explanations tiresome so we went for the main facts. that was the mistake i fear.

we should have said in detail every single thing that happened that night at the ferryport and also at the court date a month later. i just cannot believe that the court had no transcripts from that day. i think in the states they would. in court they specifically said he would be pleading guilty to personal possession. the court lawyer totally intimidated him into doing so.. saying that if he pled innocent (which he was) that he would not be believed (how does one proove such a thing?) and would be tried in a higher court (this was the magistrates court) and then the court would be angry about him wasting their time on such a "trivial" matter and would be very hard on him.

tom never knew that the charge was attempted exporting until he got his police report last august. apparently that is what is charged when it happens at customs. the other bad thing is there was no amount given on the police or court records. the only waiver available for a drug offense is if its personal, one time only, and under 30 grams.

in the denial they didnt like it that no amount was given. tom wrote to the court after getting that report asking them to clarify the amount and verify the fact that it was treated as personal possession. my god, the fine was only £100 pounds in a magistrate court.. how can anyone not see that this could not be anything more than a small personal amount? they saw that at the embassy.. they said they could see it was not trafficking.. does anyone traffick to ireland? its so ridiculous. i am so angry. this one thing is tearing our lives apart. not just our lives... my kids and my best friend and my mom will be devastated.

when the court answered toms inquiry they said they had no further records and that therefor the charge stood at exporting. they had no amount. i suppose it was so small no one bothered to weigh it. the court lawyer did say something to tom about it being a tiny amount. tom never saw the stuff so he doesnt really know what it was.

we brought the court letter to the embassy and they seemed to think it strengthened our case.. the fact that the court didnt see it as serious enough to bother to weigh it or keep records. but now the waiver department has turned it against us.. they quoted part of it saying that it showed it was viewed as a more serious crime than possession and that tom knew that. well he didnt know until he got the police report..he would never have known if we hadnt filed the visa application. he wrote to them after he found out. we were sure they would have some record of what actually happened in court that day.

so... our hardships are irrelevant... the end of the denial letter states that we are denied as a matter of law because exporting is not waiverable and therefor no hardships are to be considerered. i will quote it...

"As the applicant provides no other evidence and since the conviction was for attempting to export a controlled drug, no relief is available under Section 212 (h) of the Act. Since the applicant is not eligible for relief, no purpose would be served by considering hardship to a qualifying relative or exercising the Attorney General's discretion.

Therefore, the application for waiver of grounds of admissibility is denied, as a matter of law."

We didn't satisfy them that his admission to the United States would not be contrary to the national welfare, safety or security of the United States. !!!!

I will attach a picture.. you be the judge....

Edited March 5, 2006 by mary&tom

[mary&tom 0]

by the way.. that picture was taken during his april visit last year to michigan... with my beloved dog Sadie. every time he left to come back to london, her heart was broken. she was waiting to be reunited with him when she died in October. Their reunion was not to be. That still breaks my heart. She really went downhill after he left. I truly believe that if he had been back with us in the autumn she would still be with us. I had to make the heart rending decision to let her go. She would never have survived being kenneled and I would not have been able to come to London. I had no one to care for her.

in tribute to her I post her archived webpages...

http://www.pbrc.net/smile/sadiemi.html

http://www.pitbullsontheweb.com/petbull/pages/maryspet.html

I will be going back to a cold empty house with her not there. I so wanted to go back with Tom. My heart is broken. My government has let me down and broken my heart.

[wendibob 0]

This is so similar to the things that make our case.

The one thing that the waiver is dependant upon, that being less than 30gms of marijuana, is not mentioned in any supporting evidence that is kept on record.

I too was hopeful until I got my police record back were it just says "drug offence". Nothing more.

Frantic calls and letters to the court records office revealed that they kept nothing. The arresting officer has since left the force and the representing solicitor has passed away.

It is frankly frightening that the rules for US admission is inconsistant with UK record keeping.

The only thing I can suggest if you do persue this further is to attempt to contact any arresting officers at the time who may remember the case (as I was informed that they tend to keep personal diaries), and anyone who represented Tom in court.

I'm so sorry to hear of Sadie. She looks beautiful and was extremely fortunate to find a home with such a devoted owner. I sincerely hope you get things sorted as soon as possible and can open your doors to other needy pooches. You are obviously decent people. If such photos can assist your case I'd certainly include them.

[sharky 2]

Dear Mary & Tom,

I have been away from the forum for a couple of days and now have read your news......... what can I say that hasn't been eloquently put by the others in the forum?... I am so so sorry for you both.

I think it is terrible that the people that make decisions on these waivers do not attempt to get ALL the facts on waiver applications before making a decision that can effect peoples lives.... it is just terrible.

You both seem like decent, loving people. You do not deserve this............. this system is seriously floored.

my thoughts go out to both

Paul

[MistyB 0]

I really think you should find a good immigration attorney if you didnt have one going into it. If you did then I humbly apologize. IMO I think you should re-file and this time be way more thorough if possible. It is up to you however. I hope you both reach a decision in your lives where you can be together. I am very very sorry this happened to you! It's not fair at all!

[FormerBrit 0]

I'm so, so sorry to hear of this Mary and Tom I can only echo what others have said...sending you thoughts and hugs...

Kiki

[mary&tom 0]

I really think you should find a good immigration attorney if you didnt have one going into it. If you did then I humbly apologize. IMO I think you should re-file and this time be way more thorough if possible. It is up to you however. I hope you both reach a decision in your lives where you can be together. I am very very sorry this happened to you! It's not fair at all!

when we found out last august that the charge had been listed as exporting we did consult a lawyer. he saw a top usa immigration lawyer here in london who told him that he could not help us... that the charge was unwaiverable and that we would be denied at the interview with no chance to waiver. previous to that i went into laurel scott's chat room and she said we could not go to the interview with that charge. another user on this site who is a lawyer specializing in waivers confirmed.

we only went to the interview for closure. we didnt want to always wonder "what if." we were prepared for the denial and were surprised to be given the chance to waiver. we were assured that we had a very good chance. we waited for over an hour while they checked with supervisors. we were told that the charge would be treated as personal possession. the interviewers liked tom.. .anyone who meets him can tell he is a good person. he is well respected and highly trusted at work. maybe we should have mentioned in our letters that the biggest hospital in the uk trusts him with access to all areas of the hospital. it is killing me to see him treated like this.

we are not doing very well right now. exhausted, discouraged, disoriented. we desperately need some time to sort this out but yesterday someone called in sick at work so now tom is working 16 hours today and tomorrow. we won't be able to discuss this any further til wednesday. a form to appeal was included with the denial but how can that help? the charge is still what it is.. .still unwaiverable. i just dont understand why we were let to believe it would be treated otherwise. they made us feel like we were ok and just had to file the required papers and wait.

suddenly the hardships i listed in my letter are feeling more and more real and more and more horrible. but mostly i feel terrible for tom. its terrible for this nightmare from so long again be brought to the forefront now and affect the whole rest of our lives. he loved the usa when he visited. now he will never be able to go there ever again and if i am living with him here i will never go back there without him. i am terrified of flying.. it was totally an act of love on my part to get on that plane to come here. how I will go back to sort things out i cannot even bear to think about. i had so hoped to go back together.

can anyone help me find out how long an appeal process would take and if its even possible to get an approval given the circumstances? also can i call the embassy and talk to the people who advised us on the day of the interview? or to the supervisor who approved letting us file the waiver? how did Liam get in touch with the embassy after being denied at the POE? i am messaged and emailed him but he has not logged on.

the bottom line is... we cannot handle another long separation. we just can't. not at this stage in our lives. tom is only 45 but i am quite a few years older... and this process is not helping. we are both generally very laid back people... we do not deal well with stress. i feel bad about the extra stress that falling in love with me has added to his life. it should have been easier.

mary

[munchkins 0]

Mary, like PaulC I have been "away" from the site for a few days, but in light of the fact that my hubby may have to file a waiver in order for us to be with our daughter, I do check on this post a few times and I, like many others have been waiting for your outcome.

What can I say Mary, apart from the fact I am devastated for both you and Tom, I have no idea at all what you will both be going through but can only imagine that it will be pretty terrible. I cannot offer you any advice as I do not know anything really about this process but I can see that you have many friends on here.

My worries regarding the length of time our process has been going pale into insignificance compared to what you and Tom are not going through.

My heart goes out to you both and I can only say a prayer for you and sincerely hope that somehow, someway, someday, you will find a way around this. Thoughts are with you both today

[jpkeswim 0]

I know this is completely off the subject but I had a freind at work who asked me this question today. His wife is going to New Zealand for work and her green card is expired, he asked what she should do. By further talking to him he told me that she reapplied for her green card about 4 weeks ago but hasn't heard anything yet. They are leaving in 2 weeks. I told him not to let her go. Any opinions or suggestions?

[mary&tom 0]

no one knows how Liam managed to contact the embassy and get back in to see them when he had his problems? i feel we deserve to talk to the supervisor who arranged for us to be allowed to file the waiver. the matter of the wording of the charge was supposed to have been already sorted. we did not expect that part to be an issue.

mary

[MrsP 0]

no one knows how Liam managed to contact the embassy and get back in to see them when he had his problems? i feel we deserve to talk to the supervisor who arranged for us to be allowed to file the waiver. the matter of the wording of the charge was supposed to have been already sorted. we did not expect that part to be an issue.

mary

Guys

I do not believe that your CIMT is not waiverable, are you sure you didnt misread the letter?

even violent crimes are waiverable (difficult but still there is a legal right to try)

By the way, we just got denied too but in Lima.

To file a Motion to reconsider you need to show that the law was misapplied. I just filed one.

however if it goes to the appeals office in washington it will take a long time and probably get

denied, SO... if your MTR fails then withdraw it and file another brand new waiver.

you really need to check this out your options are not all exhausted yet

P

[sharky 2]

no one knows how Liam managed to contact the embassy and get back in to see them when he had his problems? i feel we deserve to talk to the supervisor who arranged for us to be allowed to file the waiver. the matter of the wording of the charge was supposed to have been already sorted. we did not expect that part to be an issue.

mary

I'm not quite sure if Liam contacted the embassy or if they contacted him? He doesn't seem to be on the vj forum much at the moment but he is probably busy organising weddings and stuff in the US. Maybe Nigel can give some inout on this one??

I spokt Liam a lot before he was approved (as we had similar situations) but I think getting a phone number to speak to ANYONE in the embassy will be a difficult one.

I have heard that getting a your congressman involved in the states does really help! would that be an option?

Paul