Nervous about upcoming interview!

[Minted7 3]

Hope you are all doing well. My hubby and I are becoming really nervous about my his interview soon. and I am finding myself asking people for any tips. I am the pet my hubby is the benf. He has a interview in Montreal May 3rd! coming up!. We are very nervous because 13yrs ago he got arrested for smoking pot. He was at a park with a group of friends and police came and found them. He had only .63 grams on him ..not even 1. anyways his case got withdrawn and dropped.

His other problem was he got caught for taking a purse in the airport and got caought in the garage. He got a conditional discharge be good for a year and then they dropped and withdrew the charges also.

When he has the medical soon he is going to tell them he smoked it once when he was 19 ..13yrs ago and got caught. which is true.

We have all the court records, police records, all showing everything withdrawn.

My question to you is do you think we are facing a denial? This is so scary and we are very nervous. His charges were all withdrawn so that means he wasn't convicted. and it was a long time ago.

I am also currently visiting him, and I want to attend the interview with him, do you think that is a problem also?

We just want everything to be okay....Thankyou for taking the time to read this!

[Canadian in GA 34]

the ABSOLUTE BEST thing to do, is go to the arresting station and ask for them to get the records destroyed. they will do this if its been 5 or more years, and the charges were withdrawn. if you do this, nothing will show up when they do a background check, but this must be done and completed BEFORE the USCIS runs his BG.

i had the same issue- i got in a little bit of trouble long time ago, and the charges were withdrawn. but I wasn't aware that i could get the withdrawn charges destroyed. so when i crossed the border once- they saw it. and their thoughts are, even though the charges were withdrawn- you still did what you did! so now I have had to fill out an I-601 which waives this. you may want to look into filling out the I-601 and having it ready for the interview, just in case they request one.

its not an easy application, or cheap- i believe its 585.00 but having your interview in May, this gives you time to save and get it ready- so you can give it right then and there.

i went for my interview, i was approved, then a month later they sent me a letter stating i wasn't approved yet, and i needed to file an I-601, and i only had 30 days to do so! which was crazy coming up with that $$, and getting it prepared.

that was back in Dec, (Dec 29th they received it).....and im still waiting!

let me know if you need any further info or help!

good luck

Jen

Edited March 30, 2011 by Canadian in GA

[Minted7 3]

the ABSOLUTE BEST thing to do, is go to the arresting station and ask for them to get the records destroyed. they will do this if its been 5 or more years, and the charges were withdrawn. if you do this, nothing will show up when they do a background check, but this must be done and completed BEFORE the USCIS runs his BG.

i had the same issue- i got in a little bit of trouble long time ago, and the charges were withdrawn. but I wasn't aware that i could get the withdrawn charges destroyed. so when i crossed the border once- they saw it. and their thoughts are, even though the charges were withdrawn- you still did what you did! so now I have had to fill out an I-601 which waives this. you may want to look into filling out the I-601 and having it ready for the interview, just in case they request one.

its not an easy application, or cheap- i believe its 585.00 but having your interview in May, this gives you time to save and get it ready- so you can give it right then and there.

i went for my interview, i was approved, then a month later they sent me a letter stating i wasn't approved yet, and i needed to file an I-601, and i only had 30 days to do so! which was crazy coming up with that $$, and getting it prepared.

that was back in Dec, (Dec 29th they received it).....and im still waiting!

let me know if you need any further info or help!

good luck

Jen

Thanks for your reply!

Do they destroy them right on the spot? and you said have them done before USCIS does the background check? They have already done it. So the only reason you are doing a waiver is because you tried crossing the border once and they didn't let you through. My hubby has crossed a bunch of times already, at pearson international, did you cross by plane or drive across?

[Canadian in GA 34]

Hey!

Yes I have to apply as I went though Pearson and they did a background run on me. before that i went though countless times and no issues.

I was trying to fly out of Pearson.

I believe it took a few weeks to get a conf. that they were destroyed. what city was it in do you know? its always good to do that.

have you looked into the I-601? i think that is what they are going to ask for. again best to have it ready at the interview.

and going with him to the interview would be good

[Minted7 3]

Hey!

Yes I have to apply as I went though Pearson and they did a background run on me. before that i went though countless times and no issues.

I was trying to fly out of Pearson.

I believe it took a few weeks to get a conf. that they were destroyed. what city was it in do you know? its always good to do that.

have you looked into the I-601? i think that is what they are going to ask for. again best to have it ready at the interview.

and going with him to the interview would be good

Soo you had your interview and got approved then you were going through Pearson and they said no. thats sucks. Don't they do background checks all the other times everyone travels. So your saying if we get the withdrawn charges destroyed then when my hubby crosses the border they won't be there to view?

I'm hoping they won't ask for the waiver. With destroying the records im just concered what if the consulate wants more info but the records are destroyed. So you were fine at your interview though. sorry im a little confused about your interview.

Do you also know what canada legal terms mean in u.s. terms. like conditional discharge for 12months isn't that over 1yr time that the waiver thing says is it?

and what does withdrawn mean, i read online that it means there was no conviction and no criminal record thats why they would give a withdrawn to avoid giving the accused a conviction or criminal record. anyone know?

[Sweetcheeksss 91]

You've already told USCIS that your hubby had that in his background (I think?) so you should probably assume they will ask him about the details and want any "official" information he can provide at his interview. I wouldn't have the docs destroyed (if I were you) because, just like you said, what if they want something more and you can't get it because you asked to have the documents shredded?

I'd rather have it and not need it than need it and not have it....

Just my 2 cents.

[Canadian in GA 34]

Soo you had your interview and got approved then you were going through Pearson and they said no. thats sucks. Don't they do background checks all the other times everyone travels. So your saying if we get the withdrawn charges destroyed then when my hubby crosses the border they won't be there to view?

I'm hoping they won't ask for the waiver. With destroying the records im just concered what if the consulate wants more info but the records are destroyed. So you were fine at your interview though. sorry im a little confused about your interview.

Do you also know what canada legal terms mean in u.s. terms. like conditional discharge for 12months isn't that over 1yr time that the waiver thing says is it?

and what does withdrawn mean, i read online that it means there was no conviction and no criminal record thats why they would give a withdrawn to avoid giving the accused a conviction or criminal record. anyone know?

Hey,

sorry it can be a little confusing. I had my interview here in the USA, in Atlanta- i got denied years ago at the airport, and i had to get a waiver to allow me to go in and out of the USA. I came here, got married and started the I-485 process, so they approved me then they sent me a letter a month later saying i needed to file an I-601. i had all my court papers in the application, everything showing that the case was withdrawn and i dont have a criminal record, and a paper stating because i dont have a record the police information was destroyed. in the interview the lady asked me a few questions about what happened but she didnt seem to concerned about it....then i got the letter.

withdrawn, simply means the charges were dismissed, or dropped. we had issues explaining that to the officers here in the usa.

to avoid any denial at the airport (before getting his green card) he should go get those records destroyed. as that my be the one time that they run a check on him. its free...so why not? its also proof that he has no record in Canada.

[Sweetcheeksss 91]

Why don't you come to scottimmigration.net right now and ask your question to Laurel Scott?

She holds a free chat (and it's going on RIGHT NOW), she specializes in waivers. She could answer your questions...

Just click on the "weekly chat" button on the top.

[Minted7 3]

You've already told USCIS that your hubby had that in his background (I think?) so you should probably assume they will ask him about the details and want any "official" information he can provide at his interview. I wouldn't have the docs destroyed (if I were you) because, just like you said, what if they want something more and you can't get it because you asked to have the documents shredded?

I'd rather have it and not need it than need it and not have it....

Just my 2 cents.

Yeah thats what I was thinking....plus like you said they already know about the past because we have been through USCIS. Why would they let the case continue going forward up until interview time......if the past could be a problem. I don't understand this.....then there is still border crossing to worry about, this is so stressful.

[Canadian in GA 34]

Yeah thats what I was thinking....plus like you said they already know about the past because we have been through USCIS. Why would they let the case continue going forward up until interview time......if the past could be a problem. I don't understand this.....then there is still border crossing to worry about, this is so stressful.

With the concern of destroying the records, you already have all the court documents, so you have all the information they need, it will just help you as if he crosses the border, they can not bring that up. my lawer bluntly said- if you had the records destroyed- i wouldn't have had any issue at the airport when i got denied years ago.

and if they ask for information in the interview- the paper that shows the records were sestroyed- that is also proof to them you have no records, as they can not be destroyed if you have one.

[Sweetcheeksss 91]

One thing I think we've ALL learned when dealing with CBP is that they pretty much do what they "feel" is right, what I'm trying to say is that even if your lawyer says "they can not bring that up", try arguing that to the CBP officer who's making the decision on whether or not they are going to admit you into the US.

There are dozens of posts on VJ about people that went to the border to be admitted into the US (as a visitor or to live) and have had the CBP officer do something that goes against common sense. So while I'm sure your lawyer believes he's right, most of the time, we are subject to the CBP officer's "discretion". Sad but true.

[Minted7 3]

I posted a question in the chat room but it was too late.....I'll have to try again next week! She made a point somewhere about how the USCIS make decisions on waivers not consular officers.................so its so weird how my hubby passed the USCIS stage.

[Minted7 3]

Lets say we get approved and we go to the POE at pearson....what exactly do the border patrol do they take that sealed envelope which has what inside? I'm assuming the paperwork from the consular approving everything? Does it show them in that packet of any criminal past stuff. Or they go look on their computers and stuff.

[Sweetcheeksss 91]

That envelope contains ALL your hubby's immigration past, anything he/you has submitted, any background/criminal check information that USCIS or the consulate has on your hubby, his interview stuff, any "confidential" stuff from USCIS or the consulate, his medical stuff.

I know there was another Canadian (Codybanks) - he got approved AT his interview for a K-1, went to the border cause he was moving to the US to get married and the POE pulled up something (I'm not sure what it was exactly) but it had to do with a past criminal issue and they revoked his visa. I don't know all the particulars, I'm not sure if he revealed his crime at his interview (tho I think he said he did) but the CBP officers said it made him inadmissible without a waiver. They actually stamped cancelled on his visa, called Montreal to tell them why they were revoking the visa and now he has been waiting a year (I think) for his waiver to be approved.

[Minted7 3]

That envelope contains ALL your hubby's immigration past, anything he/you has submitted, any background/criminal check information that USCIS or the consulate has on your hubby, his interview stuff, any "confidential" stuff from USCIS or the consulate, his medical stuff.

I know there was another Canadian (Codybanks) - he got approved AT his interview for a K-1, went to the border cause he was moving to the US to get married and the POE pulled up something (I'm not sure what it was exactly) but it had to do with a past criminal issue and they revoked his visa. I don't know all the particulars, I'm not sure if he revealed his crime at his interview (tho I think he said he did) but the CBP officers said it made him inadmissible without a waiver. They actually stamped cancelled on his visa, called Montreal to tell them why they were revoking the visa and now he has been waiting a year (I think) for his waiver to be approved.

Yeah I remember Codybanks...poor guy. That sucks...this whole thing sucks. I am so stressed and anxious, nervous, upset. When will this all be over.