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

[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

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

i don't know if you have read all of my posts.. especially the one that i made right after the interview that explains the circumstance:

http://www.visajourney.com/forums2/index.p...c=43106&st=2160

the ONLY waiver for a drug offence is if it is one time only, simple possession, and under 30 grams (cannibus)

because this happened at customs... the swansea ferryport in wales... waiting for a ferry to ireland (which means they were going to another country)... what was in fact simple possession in any other circumstance became attempted exporting. never mind that it wasnt even tom's stuff and he didnt know it was in the car.

further complicating the situation is the fact that no record was ever kept of the amount so we have no proof it was under 30 grams. however, common sense should show that it had to be a small amount. he only received a £100 pound fine in a magistrate court. the court lawyer who insisted he plead guilty (intimidated him into believing he would be in alot of trouble if he didn't) said it was a tiny amount, would result in a small fine... that he was to plead guilty to personal possession and it would be a "slap on the wrist."

that "slap" is hitting us awfully hard 8 years later!

tom never knew that the formal charge was exporting until he sent for his police report and court report for this immigration process. for 8 years he thought it was personal possession. and of course, given the small fine, it is a spent crime now here in the UK. as far as the UK is concerned he does not have to disclose this to anyone. unfortunately the USA does not honor Britains Rehabilitation of Offenders Act.

tom was always unhappy that he had been forced into pleading guilty to something he didn't do. now it has come back to haunt him in such and unfair way... for both of us.

we did not misread the letter.... I quoted part of it in a previous post....

"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."

my point is... they should not have let us file the waiver in the first place if this was to be the result. however, we were told at the interview that they could see this was not a case of trafficking (which exporting is). they spent time a long time speaking with supervisors and when they finally called us back to the window and gave us the waiver forms, we were led to believe it was being treated as simple possession... as that is the only waiver available for a drug offence.

so... now you tell me even violent crimes are waiverable? this is such a messed up system. so if he had committed a violent crime we could live in the usa... but because he was in a car one night where someone had a small amount of marijuana, we cannot. because of that one night so long ago, that was mishandled by the officials concerned, i am sentenced to a life away from my kids and grandkids and have to leave the house i have lived in for 30 years! and the man i love will never even be able to visit there with me. he can't even go there to help me with the daunting task of trying to liquidate 30 years worth of household goods and get a 150 year old beat up house ready for sale.

i am terrified that we will be separated for many months while i try to do all that on my own. i am too old to have this time taken away from us. we are being cheated of time we need to have together. we are mourning for the lifestyle we could have and should have been entitled to. my government has let me down. they don't care about me at all. they don't care about how much they have hurt me.. how much they have hurt us.

mary

Edited March 7, 2006 by mary&tom

[Baileyj96 0]

Well I was happy for a minute. I received an email from London stating our interview was for May 6th 2006 at 10:30 am. (we requested May) Then I realized that May 6th is on a Saturday. I think there is a mistake since I thought the embassy only took appointments from Monday to Friday. I guess we will wait and see what the letter says when we get it. May have just been a typo.

Baileyj

[pax 0]

I would wait until you get the letter, too, but I don't think Saturday interviews are entirely unheard of, either. Good news anyway!

And Mary, I've been so worried for you and Tom...I just hate to see you still suffering over this whole situation. I'd love to see you fight it; it's absurd that convictions for violent offenses can be waived while non-violent drug offenses so many years in the past can't (and Tom wasn't even *actually* guilty, from what you've told us). Still, though, as everyone here has said, you'll make the decision that's best for both of you. We're still all behind you.

*hugs*

[sharky 2]

I'd just like to let everyone know that today is the day that I got my "rude" e-mail from the London USCIS dept. that I have been waiting for!!

So they said it was put on their system today, I guess I can kiss goodbye the 2nd of February as the date that I should be waiting from, even though that was when I ORIGINALLY submitted the waiver in London in person......

still it's on the system anyway.....

is it me or does even good news on this forum at the moment sound strange.... because of what Tom and Mary are going through....

I still can't beleive what happened to them

[jpkeswim 0]

On a lighter note...I still have yet to hear from the Embassy about our waiver. It has technically been 12 weeks since the put us in the system...ahhhh....how frustrating.....

[mary&tom 0]

On a lighter note...I still have yet to hear from the Embassy about our waiver. It has technically been 12 weeks since the put us in the system...ahhhh....how frustrating.....

oh ugh!!! I was sure you would get your approval today... I had a theory that they sit and wait so that you find out exactly at 12 weeks. When we got the letter on Friday it was exactly 12 weeks from when we were put into the system... but 14 weeks from our interview date. We started the whole thing last April. If we had known then what we know now, we should have just started back then to make arrangements for me to move here.

thing is... my sadie was still alive then.... and she could not come to the uk because pitbulls are banned here. she could never have survived the 6 month quarantine period anyway... she had a huge need to be with her people at all times. so... my dog was banned in the Uk and now my man is banned in the USA. what a world we live in.

mary

[sharky 2]

On a lighter note...I still have yet to hear from the Embassy about our waiver. It has technically been 12 weeks since the put us in the system...ahhhh....how frustrating.....

jpkeswim,

did you actually submit your waiver on the day of your interview in London or was it mailed in?

[jpkeswim 0]

I wish we would find out soon! I think we are worrying our parents sick. They are too old to worry also. Everytime one of them calls us they always ask, "did they call." I always tell them don't you think you would know by now if they had called. And of course everyone always has their own theory when he is going to get over here. Sorry I had to go on a tangent....

[MrsP 0]

Mary,

sorry yes I didnt realize that was what you were talking about, ...

P

[jpkeswim 0]

PaulC

Yes we actually submitted our waiver the day of the interview. It didn't get in the system until a week and a half later though. Our lawyer had all that paper work in order for us. We knew we were going to have to file for his overstay.........

Karen

[wendibob 0]

Mary,

I've never been hapy with what the courts told me regarding not having any other information other than what was supplied by the police certificate. After a lot of phone calls and requests, I trusted their word that that was true. I've spent the past couple of weeks researching into this further. It seems there is precious little information on the web about marijuana offences and the I-601, and most of it isn't particularly helpful.

What I did find out is that you can demand a copy of the courts documents from Her Majesty's Court Service. This is called a Memorandum of Conviction. You will need the exact sentencing date for that, which is shown on the police certificate. From what I gather this document will detail what was said in court and may well shed some light into Tom's part in what happened. The Courts Service office may not necessarily be the court that Tom was sentenced in.

This past week I have been doing just that and today I have been told that my court records have shown up after all. It costs £25 to obtain a copy. I immediately escaped from work to send off a postal order for the amount. I then phoned the embassy who told me to send any post-interview documents to the Immigrant Visa Section.

(So right now for the first time I hope they actually haven't begun processing my waiver!)

From what I have read, it seems better to resubmit the waiver rather than go through the appeal process, but it seems you will definitely need any information that proves Toms part in the incident.

As regards phone numbers, I just used the general £1.20 a minute line. Otherwise I have found this page :

http://www.goldsteinvisa.com/london_v.html

which has plenty on, but I can't verify any of them!

Rob

Edited March 7, 2006 by wendibob

[mary&tom 0]

Mary,

I've never been hapy with what the courts told me regarding not having any other information other than what was supplied by the police certificate. After a lot of phone calls and requests, I trusted their word that that was true. I've spent the past couple of weeks researching into this further. It seems there is precious little information on the web about marijuana offences and the I-601, and most of it isn't particularly helpful.

What I did find out is that you can demand a copy of the courts documents from Her Majesty's Court Service. This is called a Memorandum of Conviction. You will need the exact sentencing date for that, which is shown on the police certificate. From what I gather this document will detail what was said in court and may well shed some light into Tom's part in what happened. The Courts Service office may not necessarily be the court that Tom was sentenced in.

This past week I have been doing just that and today I have been told that my court records have shown up after all. It costs £25 to obtain a copy. I immediately escaped from work to send off a postal order for the amount. I then phoned the embassy who told me to send any post-interview documents to the Immigrant Visa Section.

(So right now for the first time I hope they actually haven't begun processing my waiver!)

From what I have read, it seems better to resubmit the waiver rather than go through the appeal process, but it seems you will definitely need any information that proves Toms part in the incident.

As regards phone numbers, I just used the general £1.20 a minute line. Otherwise I have found this page :

http://www.goldsteinvisa.com/london_v.html

which has plenty on, but I can't verify any of them!

Rob

Thank you. I will show this post to Tom when he gets home from work soon.

mary

[cmltdg 0]

Mary and Tom, I had been out of town since last week, but have been thinking about you. I had hoped it was good news and I'm so sorry to hear of the difficult time you're going through. I also hope you all decide to fight this. I can't believe that the courts over there don't keep records of what happens in criminal court! Especially since it was only seven years ago, did you say? Good luck with whatever you decide. My thoughts and prayers are with you at this time.

On a completely different note, did anyone else go immediately to the us london embassy "new tracking service" for I601 waivers? I certainly did and I must say I was shocked!!! Here I was thinking, well, they must process thousands of these every month and that's why they've extended the processing times. Imagine my puzzlement when I discovered a mere seven in their system since February! What's that about?! Why is it taking so long? Anyone care to venture a guess? I also noticed that we're not on that list and I'm wondering when we will be. I'd like to be able to finally start the twelve weeks. Did I mention I'm trying to plan a wedding!?

Tiff

[Baileyj96 0]

Hi cmltdg,

Don't know if you noticed but I think it says that only the waivers filed after Feb are on the new tracking system. Yours was filed before that i think so you wouldn't be on there. It does still seem strange that there are so few listed even if it only list waivers filed after that time.

Hope you hear something soon,

Baileyj

[sharky 2]

Tiff,

Bailey's right, only waivers filed after the 1st of Feb are on there. However I was also surprised to find that an office that deals with the jurisdiction of not only the UK waivers, but also ones from Iceland, Sweden, Denmark, Norway and the Republic of Ireland has only SEVEN waivers on it's tracking system since the 1st of Feb.

I guess they are in the process of putting them onto this new system, maybe they put so many on every week, as the last input date hasn't moved since last Friday!

Tiff, haven't you received your rude e-mail from London Uscis saying that the waiver was received etc. and not to bother them? If you got that you can count down the 12-15 weeks from that received date.

Mine was received by their office on the 7th of March.

Talking of which.... hey Nigel, how about updating the UK waiver list, I haven't seen it for a while am miss it deeply

Paul