Ineligible For A Waiver?

[JAPrincess 27]

This link does not give much hope for a private bill helping our situation at all:

http://www.cundyandmartin.com/immigration/deportation/private-bills-and-immigration.php

it says the last private bill that actually passed was in 2004?? is that still true??

wow....

http://law.psu.edu/_file/PBDA_Toolkit.pdf

and I thought putting together a waiver was hard!!!

[Used to be broken 147]

Since you live in California, I suggest you write an emotional appeal to Senator Feinstein. She can introduce a private bill that would grant an exception specifically for your husband. If the bill is passed and signed by the President then your husband's inadmissibility will be waived. She introduces a few dozen of these bills every year. I think she's your best hope at this point.

I think this post is very thoughtful and it will not hurt to follow up on the above suggestion. Having said that the history of private immigration bills is quite dismal and more often than not they languish forever. If he was stateside already the benefit would be a hold on deportation but in these circumstances please have a realistic expectation based on the very few private bills that have been penned and even fewer that have actually passed in recent years.

As you know you have my deepest concern and are in my prayers.

This link does not give much hope for a private bill helping our situation at all:

http://www.cundyandmartin.com/immigration/deportation/private-bills-and-immigration.php

it says the last private bill that actually passed was in 2004?? is that still true??

wow....

http://law.psu.edu/_file/PBDA_Toolkit.pdf

and I thought putting together a waiver was hard!!!

As far as I know this an accurate depiction of the facts

This link does not give much hope for a private bill helping our situation at all:

http://www.cundyandmartin.com/immigration/deportation/private-bills-and-immigration.php

it says the last private bill that actually passed was in 2004?? is that still true??

wow....

http://law.psu.edu/_file/PBDA_Toolkit.pdf

and I thought putting together a waiver was hard!!!

As far as I know this an accurate depiction of the facts

[JAPrincess 27]

Used to be broken

so happy you are fixed (((hugs)))

Edited October 1, 2011 by JAPrincess

[JimVaPhuong 4,863]

Unfortunately, I think the chances of getting Congress to change the law and provide for a larger exception in the case of marijuana possession is even smaller than the chances of getting a private bill passed. There is very little public will for making legal immigration any easier right now. The so-called DREAM act failed to pass when the Democrats held a majority of both houses of Congress and the Presidency. The balance of power in Washington is shifting toward the right. I think any immigration reform that happens in the next 4 to 6 years is going to involve cracking down on existing laws rather than making them less strict.

Getting a private bill passed is like shooting an arrow in the dark. Getting the law changed to be more lenient is like shooting that same arrow in the dark after erecting a brick wall between you and the target.

[txladykat 1]

Add me to the list for Petition. Its a shame how the Zero Drug Tolerance policy affects so many innocent people. My oldest son is severe bipolar and is (supposed) to be on medication. I have fought him for years on taking his medication. He used to refuse because he thinks it makes him an "addict" to rely on "drugs" just to cope. (He just didn't understand its a real disease). When he was 15 years old he (unbeknownst to me) he would pretend to take his medication then hide the pill in his wallet and dispose of it later. Well....on a random "drug check" at school they searched his wallet. The result? He was expelled from school, sent to an alternative campus (with the really really bad kids) and charged with possession of a controlled substance. The bigger result? Being sent to an alternative school with violent kids and true "druggies" caused him to drop out of school. The even bigger result? The arrest record keeps him from a lot of employment opportunities, most specifically, he wanted to be a police officer. He would have been a 4th generation police officer in our family. My grandmother was one of the first female police officers in Texas. Both my parents are retired police officer. I used to be a police officer. And my son wanted to be a police officer, but never can.

At the age of 21 he now understands the importance of his medication and take it on a daily basis, but that one incident at the age of 15 will follow him the rest of his life.

So screw the US and their drug policy!!

[together4evr 360]

Yes I realize that federal law trumps my state law especially in regards to immigration.

I just think it shows that even in the US what my husband did is not so horrible.

Even the federal waiver law puts marijuana in a separate class by allowing single possession charges to be waived.

I seen a man post on VJ last week who was convicted of child molestation and braging about his beating the system with his lawyer and he got approved on a waiver. Sometimes life is cruel and unfair.

You will need a good lawyer

[JimVaPhuong 4,863]

Add me to the list for Petition. Its a shame how the Zero Drug Tolerance policy affects so many innocent people. My oldest son is severe bipolar and is (supposed) to be on medication. I have fought him for years on taking his medication. He used to refuse because he thinks it makes him an "addict" to rely on "drugs" just to cope. (He just didn't understand its a real disease). When he was 15 years old he (unbeknownst to me) he would pretend to take his medication then hide the pill in his wallet and dispose of it later. Well....on a random "drug check" at school they searched his wallet. The result? He was expelled from school, sent to an alternative campus (with the really really bad kids) and charged with possession of a controlled substance. The bigger result? Being sent to an alternative school with violent kids and true "druggies" caused him to drop out of school. The even bigger result? The arrest record keeps him from a lot of employment opportunities, most specifically, he wanted to be a police officer. He would have been a 4th generation police officer in our family. My grandmother was one of the first female police officers in Texas. Both my parents are retired police officer. I used to be a police officer. And my son wanted to be a police officer, but never can.

At the age of 21 he now understands the importance of his medication and take it on a daily basis, but that one incident at the age of 15 will follow him the rest of his life.

So screw the US and their drug policy!!

I don't mean to sound callous, but if he's bipolar then he shouldn't be a cop. If he forgets or neglects to take his medication then a bad day at work could end up being very very bad for someone he's having a confrontation with. Many states will not allow someone to be a police officer if they've been diagnosed with a mental illness. Some states won't even allow them to own a gun, much less carry a loaded one every day on the job.

[RICARDO4EVA2 195]

I don't mean to sound callous, but if he's bipolar then he shouldn't be a cop. If he forgets or neglects to take his medication then a bad day at work could end up being very very bad for someone he's having a confrontation with. Many states will not allow someone to be a police officer if they've been diagnosed with a mental illness. Some states won't even allow them to own a gun, much less carry a loaded one every day on the job.

[txladykat 1]

You have to understand bipolar to be able to make such a judgment. One day without medication has no effect. My mother was bipolar and was a police officer for 25 years. This is the problem with mental illness, most people don't understand the effects until they have lived with it. Honestly, that's like saying you can't be a cop because you are diabetic and might forget to take your medicine one day. Now, schizophrenia, yea I can see that....paranoia? I can see that too. People with bipolar live very normal and productive lives and you would never even know if they didn't tell you.

I was just weighing in my opinion on the Zero Drug policy in the US and giving you an example of WHY it doesn't work. I didn't make my post to bring up controversial issues of mental health.

Edited October 2, 2011 by txladykat

[JimVaPhuong 4,863]

You have to understand bipolar to be able to make such a judgment. One day without medication has no effect. My mother was bipolar and was a police officer for 25 years. This is the problem with mental illness, most people don't understand the effects until they have lived with it. Honestly, that's like saying you can't be a cop because you are diabetic and might forget to take your medicine one day. Now, schizophrenia, yea I can see that....paranoia? I can see that too. People with bipolar live very normal and productive lives and you would never even know if they didn't tell you.

I was just weighing in my opinion on the Zero Drug policy in the US and giving you an example of WHY it doesn't work. I didn't make my post to bring up controversial issues of mental health.

I know mental illness, especially bipolar disorder, very well. A very close family member of mine is bipolar. I've witnessed them in many dozens of manic phases and I would definitely not want to see them with a gun in their hands.

As I said, many states will not allow someone to become a law enforcement officer if they've been diagnosed with a mental illness, even if the illness is well controlled with medication. Texas, for example, will not allow someone who has been diagnosed with bipolar disorder to become a police officer.

I'm not being critical of the mentally ill. Your example of diabetes was good because mental illness is also simply a disease. The difference is that it affects the brain and so can influence behavior.

What I'm saying is that the pill episode at your son's school should not be blamed for his not being able to pursue a career in law enforcement. Because of his mental illness he should not pursue any career where he will have power over the life or safety of other people. Depending on the state you live in, it might not even be possible.

BTW, what sort of medication was he taking for bipolar disorder that was considered a "controlled substance"? I know that schools in California consider all forms of medication, including over-the-counter drugs, as "contraband" at school. If they're required to take medication then it has to be kept at the school's office. I'm just wondering why they charged him with possession of a controlled substance if he had a prescription for the medication. In California they would still have suspended him for the contraband violation, but they wouldn't have charged him with a crime.

[JAPrincess 27]

Well, we got a NOIR in the mail today

30 days to say what?

this law sucks!

[eagle+eyed 8]

Well, we got a NOIR in the mail today

30 days to say what?

this law sucks!

So what's the latest news??

[JAPrincess 27]

Thanks for asking...

I can't afford a lawyer.

I can't find anything online about what to include in a response to NOIR.

I spent the weekend writing a letter telling my story.

Nothing else I can really do I guess...

I may send the letter to Dianne Feinstein and my local Congressman. His office has worked with me through out this debacle with the Kingston Embassy.

Hope is all but gone, and yet somehow my spirit says everything will be alright.