Please Help!!!!

[NanHatch 0]

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!!!

[payxibka 10,045]

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??

1) Nothing to stop you from petitioning (which is a required step before visa application) but the visa won't be issued without a waiver

2) If you read the petition it says under what circumstances you must declare....

3) There is no such thing as sponsoring by an individual USC per se.......

[Nutty 2]

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!!!

1 & 2) You can still apply for a K-1 visa, but I agree I think you need the waiver first. You need disclose this charge of possesion of marijauna. Even though you are on probation and it will be expunged from your record.

3) There is nothing you need to do other than be ready to get documents ready. Get your RCMP police clearances now.

[emt103c 10]

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?

[DA BOMB 1]

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!!!

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 BOMB 1]

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

[rebeccajo 14]

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!!!

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.

[Carlawarla 1]

I don't know if it's Canada wide or just Saskatchewan (where I'm originally from), but as of 2006, any "diversion" programs will appear on your record, but the results are "diversion" under the conviction section.

[DA BOMB 1]

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!!!

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.

[rebeccajo 14]

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!!!

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.

[emt103c 10]

A fiance IS a qualifying relative for the hardship waiver I-601. It is a frequent misconception that they are not.

I agree that an attorney IS a good idea, however, she should be well informed and doing her own research, so that she is informed enough to choose a qualified and experienced attorney. Arming someone with the text of the INA is never a bad idea, and neither is obtaining the advice of a qualified attorney.

[rebeccajo 14]

A fiance IS a qualifying relative for the hardship waiver I-601. It is a frequent misconception that they are not.

I agree that an attorney IS a good idea, however, she should be well informed and doing her own research, so that she is informed enough to choose a qualified and experienced attorney. Arming someone with the text of the INA is never a bad idea, and neither is obtaining the advice of a qualified attorney.

Yes, a fiance is a qualifying relative. But that relationship isn't established until a petition is filed. Once the petition is filed and approved, the beneficiary can request an interview for a visa based upon that approved petition.

If that visa is denied, then a waiver of the denial can be filed. And not until.

[Kathryn41 3,205]

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.

[rebeccajo 14]

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 (who don't need/use the VWP) is similar to a VWP citizen having to apply for a visitors visa when they have a conviction (ie inadmissable on the VWP)?

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.

Edited March 27, 2008 by rebeccajo

[Kathryn41 3,205]

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.