Waiver / Criminal Grounds of Exclusion

[Adriene H 89]

Does anyone out there think my British husband would be able to

apply for this kind of waiver?

For those not familiar with my situation:

My husband was removed from the USA in 1996 after police

found him carrying his friend's methamphetamine. He

was charged, but removed from the USA before he was

convicted of any crime.

He is also the Father of a US Citizen.

How would one go about proving 'Extreme Hardship' in a case like this?

http://www.americanlaw.com/exclude3.html

A waiver is also available for close family members under INA §212(h)(1)(B) if the immigrant establishes that he or she is the spouse, parent, son or daughter of a United States citizen or an alien lawfully admitted for permanent residence and that the alien's exclusion would result in extreme hardship to the United States citizen or lawfully resident spouse, parent, son or daughter of such alien.

[BoldKhan 0]

Something like this needs to have a lawyer involved.

[LIFE'SJOURNEY 970]

Does anyone out there think my British husband would be able to

apply for this kind of waiver?

For those not familiar with my situation:

My husband was removed from the USA in 1996 after police

found him carrying his friend's methamphetamine. He

was charged, but removed from the USA before he was

convicted of any crime.

He is also the Father of a US Citizen.

How would one go about proving 'Extreme Hardship' in a case like this?

http://www.americanlaw.com/exclude3.html

A waiver is also available for close family members under INA §212(h)(1)(B) if the immigrant establishes that he or she is the spouse, parent, son or daughter of a United States citizen or an alien lawfully admitted for permanent residence and that the alien's exclusion would result in extreme hardship to the United States citizen or lawfully resident spouse, parent, son or daughter of such alien.

Just a tecnically point, if he was charged what ws the legal outcome? Case dismissed, case dropped, charged, or he left before case could be heard? If it is the later, was he convicted without being at his own trail? Supply more so there can be a better answer.

[Harpa Timsah 13,258]

What's the point of even asking this now? You filed I-130, moved to UK on a tourist visa, overstayed your tourist visa, got scheduled for a I-130 interview (pre-NOA2) in the US, which you did not attend because you can't afford a ticket. So your I-130 will be denied, as you know. So, what's the plan now, besides starting over? The waiver comes after your successful consular interview in the UK.

[Adriene H 89]

Just a tecnically point, if he was charged what ws the legal outcome? Case dismissed, case dropped, charged, or he left before case could be heard? If it is the later, was he convicted without being at his own trail? Supply more so there can be a better answer.

He was removed from the US before it could go in front of a judge.

All he knows is that he was convicted and never charged, because

he was removed from the country before it had a chance to go to

trial.

[Adriene H 89]

What's the point of even asking this now? You filed I-130, moved to UK on a tourist visa, overstayed your tourist visa, got scheduled for a I-130 interview (pre-NOA2) in the US, which you did not attend because you can't afford a ticket. So your I-130 will be denied, as you know. So, what's the plan now, besides starting over? The waiver comes after your successful consular interview in the UK.

The point of me asking is that I didn't know about that particular

waiver before today, so I figured it wouldn't hurt to ask.

No, I didn't know that not attending the I-130 interview would result

in an automatic denial.

I did write them back explaining that the

cost of airfare and lack of place for me to stay in the US would cause

us extreme financial hardship, and to please consider us for approval

despite me not being able to attend.

Edited May 8, 2012 by Adriene H

[Adriene H 89]

Something like this needs to have a lawyer involved.

Not an option. Too costly

[belinda63 3,051]

First you need to find out the disposition of his case in the US, Bella Rose ( i think was the name) had a similar issue where the waiver could not be granted because the case had never been concluded. Then you will know if he is even eligible for a waiver.

Then you will have to start all over on his filing since you failed to show for the interview for the I-130. It clearly states on the letter failure to show will result in a denial.

Then you will have to prove (if he is eligible for the waiver) how it is an extreme hardship on you for him to not be able to live with you in the US. Are you seeing a big problem here? You don't live in the US and haven't for quite a while so how would it be a hardship for him to not be able to move here?

I suggest you begin looking into how to obtain residency in the UK.

[Adriene H 89]

First you need to find out the disposition of his case in the US, Bella Rose ( i think was the name) had a similar issue where the waiver could not be granted because the case had never been concluded. Then you will know if he is even eligible for a waiver.

Then you will have to start all over on his filing since you failed to show for the interview for the I-130. It clearly states on the letter failure to show will result in a denial.

Then you will have to prove (if he is eligible for the waiver) how it is an extreme hardship on you for him to not be able to live with you in the US. Are you seeing a big problem here? You don't live in the US and haven't for quite a while so how would it be a hardship for him to not be able to move here?

I suggest you begin looking into how to obtain residency in the UK.

It was way back in 1996 though. I suppose he'd have to get fingerprinted

and send off for his official rap sheet or police report from California?

But, I was thinking of including letters written by his child on how

her life has been without her father as proof of extreme hardship.

They haven't seen each for 16 years, and the child doesn't remember him

at all because she was only 2 when he was deported. So the only memories

she has of him are pictures, and stories the mother shares, and they talk

on Facebook.

On the I-130 interview letter, it also states that if I'm unable to

attend, to state the reason in the box provided, sign, and return to

the office at once. Which I did the next day after I received the notice.

Edited May 8, 2012 by Adriene H

[Adriene H 89]

I just feel like my hands are tied, and that I've done all I

can, and probably some things I shouldn't have.

His child's maternal grandmother keeps urging me not to give

up and I've explained to her that I've written everyone I could've

possibly written, including President Obama, and all my California

Representatives, Congress, and Senate describing our situation.

I've explained to her that we've come to a brick wall in the

process, and without legal representation that we don't have

much more to fight with.

Then she just tells me again not to give up.

Edited May 8, 2012 by Adriene H

[LIFE'SJOURNEY 970]

I just feel like my hands are tied, and that I've done all I

can, and probably some things I shouldn't have.

His child's maternal grandmother keeps urging me not to give

up and I've explained to her that I've written everyone I could've

possibly written, including President Obama, and all my California

representatives, congress, and senate describing our situation.

You will need to find out the outcome of his criminal case. If he was charged and convicted in absentee, then he will most likely not be granted a visa. This is very serious, because there could be a warrant out for his arrest.

If my memory serves me correctly, doesn't he also have child support issues here in the US too? There are too many issues that immigration will not ignore.

Edited May 8, 2012 by LIFE'SJOURNEY

[Adriene H 89]

You will need to find out the outcome of his criminal case. If he was charged and convicted in absentee, then he will most likely not be granted a visa. This is very serious, because there could be a warrant out for his arrest.

If my memory serves me correctly, doesn't he also have child support issues here in the US too? There are too many issues that immigration will not ignore.

Yes, he does owe £17,000 in arrears child support. Not sure if

I even worded that correctly. He had some years of unemployment

over here in the UK and wasn't able to make payments for awhile.

But he's started working again and they take £35 a week from his

wages, so that should look better in the scheme of things I hope.