waiveri-601 denied!

[esmi 0]

i am an american citizen ....and he is a pakistani citizen .....we have been living in pakistan for over 10 years

with my 4 children...after filling for a waiver i-601 ...we were denied ....they gave us a form to fill ...but the submission date has past ....so what do we do now

..the reason for denial was that he had a couple of misdeminours

(please not these convictions were about 10 to 15 years ago)

the convictions are:

(as noted on the denial paper)

1.on oct 7 1999 my husband was convicted of possession of drug paraphernalia .records reveal that you(my husband) knowingly or intentionally possessed a crack pipe to be used to inhale a controlled substance in violation. the court fined him $500

2.on july 30 1992 , he was convicted of unlawfully carrying a weapon .records reveal that you(my husband) intentionally and knowingly carried a hand gun on and about your person. the court fined him $100 and ordered him to serve 180 days in jail and one year probation)

3.one of his convictions is a controlled substance violation for which no waiver is available. this conviction was not for simple possession of 30 grams or less of marijuana .

you are inaeligible to apply for a waiver for this inadmissibility and consequently no purpose would be served in granting the application

we are not sure what to do situations here are really bad

please help us understand

and thank u in advance

[canadian_wife 1,808]

Drugs and guns - those are big ones

Have you consulted a lawyer?

With living for Pakistan for 10 years, how did you prove that you MUST have him come to the US?

Consult a lawyer, Laural Scott is an expert in this, she offers free chats on wednesdays

Good luck

[EAbbas 213]

Drugs and guns - those are big ones

Have you consulted a lawyer?

With living for Pakistan for 10 years, how did you prove that you MUST have him come to the US?

Consult a lawyer, Laural Scott is an expert in this, she offers free chats on wednesdays

Good luck

Your situation will be difficult to overcome. I'm sure the reason for coming back is due to the violence in pakistan which is understandable but you must consult a good ..a VERY good attorney to help you overcome this situation IF it can be approved at all.

Canadian wife is right.. drugs and guns is a huge issue.

[NigeriaorBust 4,087]

They have stated that the drug conviction has no possible waiver ( meaning EVER) so that he is permanently denied coming. You have shown you can live there by doing so. I don't think there is much hope of ever getting a visa for him to enter the US unless immigration changes its attitude about drugs and guns

[LIFE'SJOURNEY 970]

They have stated that the drug conviction has no possible waiver ( meaning EVER) so that he is permanently denied coming. You have shown you can live there by doing so. I don't think there is much hope of ever getting a visa for him to enter the US unless immigration changes its attitude about drugs and guns

This is it in as plain as it can be stated. There is No wavier available for him.

[havehope 0]

Sorry to hear about the situation.

You may want to consult with a criminal defense lawyer, ask them if it would help to have your husbands criminal record sealed or expunged.

We all make mistakes in life, no one is perfect.

Best wishes,

Havehope

[NigeriaorBust 4,087]

Sealing the records works in general life but immigration will look at ALL records. Failure to reveal sealed records would cause future revokation of immigration. We all make mistkaes and some of them never go away. It is sad that the husband behaved that way when he was younger but he had now gotten life long issues to deal with and with 3 convictions he shows that he didn't learn a lesson the first time.

[lokidew 0]

was he charged for thos crimes in Pakistan or USA ?

[Used to be broken 147]

i am an american citizen ....and he is a pakistani citizen .....we have been living in pakistan for over 10 years

with my 4 children...after filling for a waiver i-601 ...we were denied ....they gave us a form to fill ...but the submission date has past ....so what do we do now

..the reason for denial was that he had a couple of misdeminours

(please not these convictions were about 10 to 15 years ago)

the convictions are:

(as noted on the denial paper)

1.on oct 7 1999 my husband was convicted of possession of drug paraphernalia .records reveal that you(my husband) knowingly or intentionally possessed a crack pipe to be used to inhale a controlled substance in violation. the court fined him $500

2.on july 30 1992 , he was convicted of unlawfully carrying a weapon .records reveal that you(my husband) intentionally and knowingly carried a hand gun on and about your person. the court fined him $100 and ordered him to serve 180 days in jail and one year probation)

3.one of his convictions is a controlled substance violation for which no waiver is available. this conviction was not for simple possession of 30 grams or less of marijuana .

you are inaeligible to apply for a waiver for this inadmissibility and consequently no purpose would be served in granting the application

we are not sure what to do situations here are really bad

please help us understand

and thank u in advance

Unfortunately as stated in other posts and the communication you got from the Embassay NO WAIVER is available for multiple drug infractions and the gun charge is also an aggravating factor which would be difficult to overcome even without the drug crimes permanent ban. You may want to speak with an Attorney to confirm but your money would be better spent trying to find a country in EU or possibly Canada which might be more lax on immigration.

[Brother Hesekiel 2,235]

The fact that you would have to prove that you can't live in Pakistan would normally be the challenge here.

Not so in this case: your husband is inadmissible to the U.S. for life. He will never be able to get any kind of visa to the U.S. again based on the drug conviction. No lawyer, not even he very best expert and at a retainer of $25K (which it can cost) will be able to help you here. It's not because of a mishap or an accident, it's because he got in trouble with the law more than once, and one of them is a serious illegal drug offense. It will never go away in the eyes of Uncle Sam, you will need to come to terms with that and try to live your life outside the U.S.

Edited September 5, 2011 by Just Bob

[Boiler 44,931]

I have seen this post before, and with similar responses.

The OP never responded to her original post and replies.

[esmi 0]

when he went to the first interview . they said they will check the drug charges(paraphernalia) and the othe convictions then they sent us a letter, afterwords saying that he can apply for a waiver

when we went to deliver the waiver , they said just to submit only one (even though we went with 2, which were the 212 and 601 waivers) . they told us just to submit the 601 waiver , they said thats the only one concerning our situation,, then they asked for a hardship letter .. we sent all the required documents then after all that they asked for additional information... (which we provided) but they did not ask nothing concerning his convictions....even though at that time the interviewer knew about his convictions and she said she will investigate.

[esmi 0]

The fact that you would have to prove that you can't live in Pakistan would normally be the challenge here.

Not so in this case: your husband is inadmissible to the U.S. for life. He will never be able to get any kind of visa to the U.S. again based on the drug conviction. No lawyer, not even he very best expert and at a retainer of $25K (which it can cost) will be able to help you here. It's not because of a mishap or an accident, it's because he got in trouble with the law more than once, and one of them is a serious illegal drug offense. It will never go away in the eyes of Uncle Sam, you will need to come to terms with that and try to live your life outside the U.S.

i am confused.. if they felt/knew that he could not re-enter the US why waste time and money asking us to file the i-601 waiver in the first place

[Boiler 44,931]

The I 601 trumps the 212 so no issue there.

It is your right to submit a waiver.

[calibob 73]

i am confused.. if they felt/knew that he could not re-enter the US why waste time and money asking us to file the i-601 waiver in the first place

There are always exceptions to every rule/law and you are given a fair chance to prove that you are the exception to the rule.

Bob