canadian was denied entry to US, got married to US citizen after

[ulechka 1]

canadian was denied entrance in 08/08, customs put 2 codes in my passport -1 was a simple marijuana posession that happened in 03/08 and the other code was illegaly working in US. canadian has clean record in Canada and US.

canadian got married to US citizen in 12/09.

marriage petition I130 has been filed.

what do you suggest? is I130 enough to be able to get into US?

thank you very much for any suggestions!

[milimelo 4,481]

canadian was denied entrance in 08/08, customs put 2 codes in my passport -1 was a simple marijuana posession that happened in 03/08 and the other code was illegaly working in US. canadian has clean record in Canada and US.

canadian got married to US citizen in 12/09.

marriage petition I130 has been filed.

what do you suggest? is I130 enough to be able to get into US?

thank you very much for any suggestions!

You may need a waiver as they will find you inadmissible for marijuana. This normally happens at interview stage.

[besaangel 18]

Not necessarily a "simple marijuana charge". Could cause problems. Please seek a lawyer for advice

[trailmix 77]

Hi,

I am moving your thread from the K3 forum to the waiver forum as you are likely to get more replies there.

As the other two posters mentioned, unless you want to do a ton of research on your own so that you know what effect both of these things will have on your petition, you do need a good immigration attorney, even if you just go for a consultation to discuss how you should proceed.

Good luck!

Edited March 23, 2010 by trailmix

[ulechka 1]

Hi,

I am moving your thread from the K3 forum to the waiver forum as you are likely to get more replies there.

As the other two posters mentioned, unless you want to do a ton of research on your own so that you know what effect both of these things will have on your petition, you do need a good immigration attorney, even if you just go for a consultation to discuss how you should proceed.

Good luck!

trailmix!! you moved me to a different forum and I got NO responses there regarding my file, so please, DO NOT move me anymore. thank you.

[Justine+David 218]

Like others have said, this is definitely a job for a well-qualified lawyer.

You wrote that you had a MIP and illegally worked in the U.S. but have a clean record in Canada and the U.S. ?? Could you expand on this?

[ulechka 1]

Like others have said, this is definitely a job for a well-qualified lawyer.

You wrote that you had a MIP and illegally worked in the U.S. but have a clean record in Canada and the U.S. ?? Could you expand on this?

I was charged but never convicted of the possession which was minimal by the way. but in US customs eyes the fact that I was charged with it gives them enough reason to deny me. no criminal record in canada and the US. no convictions that is.

I since then got married to a US citizen and filed for the I130 marriage petition. is there anything I can do while waiting for the petition to get approved. how long does it normally take to get a marriage petition approved?

thanks for your feedback. let me know if theres anything else you need.

[Justine+David 218]

Kathryn gave you some great information in the other thread. I don't know much about the laws regarding drug use and bans, but I can recommend you to the forum immigrate2us.net as they seem to have a lot of information regarding waivers, which it looks like you might need.

If you do need a waiver, they will ask for it at the interview stage so you can prepare by getting it ready prior to your interview.

[emt103c 10]

trailmix!! you moved me to a different forum and I got NO responses there regarding my file, so please, DO NOT move me anymore. thank you.

trailmix was right to move your thread, don't try to tell the moderators what to do. . .they know where the post belongs.

What were the exact codes written in your passport? They don't normally write a code for "working illegally" it's usually 7a, 9b, 9a, or 6c. . . Were you given an expedited removal?. . .that would change things a bit. . .

Either way, it sounds like you are going to need an I-601 waiver for the marijuana possession (and that will depend on the nature of the charge/conviction/amount and whether or not you are even eligible for the waiver). . .if you were given an expedited removal you will also need an I-212 to overcome the deportation. There are many good(and more bad) immigration attorneys in the world. You should consult with one (or more) of the really good ones that specialize specifically in I-601's. . .Laurel Scott is one of the best.

When you file with an I-130, it processes in Montreal and the waivers go to Vermont. Vermont takes around 12 months to process. . .For the I-601 you have to prove that it will cause the USC spouse extreme hardship to either move to Canada or to live in the states without you. . .it is a complicated process. You can read more about it on I2US

If you tell us the codes we can give you more information so that you'll be prepared with the appropriate questions for your attorney.

[Fandango 1,439]

illegally working in the US incurs a 5 year ban, does it not? I believe it's waiverable, but I don't think this case is going to be so clear cut easy. Sorry, OP!

[Brother Hesekiel 2,236]

Possession + Illegal work might turn out to be an obstacle that could potentially turn into a deal-breaker. I'd consult with a competent professional.

[ulechka 1]

trailmix was right to move your thread, don't try to tell the moderators what to do. . .they know where the post belongs.

What were the exact codes written in your passport? They don't normally write a code for "working illegally" it's usually 7a, 9b, 9a, or 6c. . . Were you given an expedited removal?. . .that would change things a bit. . .

Either way, it sounds like you are going to need an I-601 waiver for the marijuana possession (and that will depend on the nature of the charge/conviction/amount and whether or not you are even eligible for the waiver). . .if you were given an expedited removal you will also need an I-212 to overcome the deportation. There are many good(and more bad) immigration attorneys in the world. You should consult with one (or more) of the really good ones that specialize specifically in I-601's. . .Laurel Scott is one of the best.

When you file with an I-130, it processes in Montreal and the waivers go to Vermont. Vermont takes around 12 months to process. . .For the I-601 you have to prove that it will cause the USC spouse extreme hardship to either move to Canada or to live in the states without you. . .it is a complicated process. You can read more about it on I2US

If you tell us the codes we can give you more information so that you'll be prepared with the appropriate questions for your attorney.

hi kathryn,

they just denied me to enter at the airport in canada, my flight was to the US and they denied getting on board of the plane. I was not deported or expedited removed.

7a is in my passport and the marijuana possession, 1st offence with no prior criminal history, 1 marijuana cigarette.

I am a canadian citizen with no prior history of breaking the law.

If i get denied at the interview, then Im going ot need a waiver right?

should I apply for the waiver now just in case i get denied at the interview to shorten the time of getting into the US.

or should I just wait until the interview and see what happens?

I need to go to the US asap.

Please help!!

[canadian_wife 1,822]

I know this has been asked, but what exactly were the codes written in your passport? This will help us answer your question more thorougly

Good luck.

[Fandango 1,439]

hi kathryn,

they just denied me to enter at the airport in canada, my flight was to the US and they denied getting on board of the plane. I was not deported or expedited removed.

7a is in my passport and the marijuana possession, 1st offence with no prior criminal history, 1 marijuana cigarette.

I am a canadian citizen with no prior history of breaking the law.

If i get denied at the interview, then Im going ot need a waiver right?

should I apply for the waiver now just in case i get denied at the interview to shorten the time of getting into the US.

or should I just wait until the interview and see what happens?

I need to go to the US asap.

Please help!!

You cannot apply for any waivers before denial.

I hate to say this, but it needs to be said....you need to get out of this 'US asap' mindset or this process will drive you crazy. You are in for a long road, and the quicker you realize that, the better off you're going to be. This is not cut & dried...for your best interests, I'd suggest consulting, or having your SO consult with an immigration atty.

[Minya's wife 25]

How long were you in the US? Do you also have unlawful presence time to waiver?

HappyBunny is quite right....you should stop thinking of this in terms of ASAP, because this process may be quite lengthy in your case. Your combined inadmissibilities will result in a denial of the visa, when you interview for it. The CO will then make a determination, if your particular inadmissibility(ies) make you eligible for a waiver. It is then that you will be given a chance to file said waiver....and wait for it to be adjudicated. There is no quick solution to your problems...and you should definitely consult with a qualified immigration attorney.