If the interview goes bad...

[darcness 3]

I realize we just filed the paperwork, haven't event gotten our NOA1 yet. Just concerned about this process and the chances for something to go wrong. I'm hoping for the best, but I want to prepare myself for the worst. I've read many threads here on VJ but I've yet to see one about appealing if your interview goes bad. I realize that many cases are straight forward, but some, like ours is a little more complex. Does anyone have any experience with filing appeals and/or waivers? If so, how does this process work and can one stay in the US while waiting for such things to process?

[Harpa Timsah 13,258]

Your wife has appeals open to her and and appeals and waivers would take place in the US. I would read up on the applicable laws,instead of getting scared. From you other posts, you are scared about a small amount of pot being found on her at the border? You can read the applicable laws at uscis.gov at the "laws" link.

[bigdog 376]

Really drugs at POE?

[darcness 3]

Yes, a very small amount of marijuana at the POE. You can read my story for more clarification. Extremely stupid we know, but if you read my story you'll see that there is more to it than that.

[SOflaherty 40]

Really drugs at POE?

Yeah, she admits to them she occasionally smokes pot but swears the stuff they found in her purse isn't hers. Go figure.

Oddly enough my husband and I were just talking last night about how many people get caught with drugs in their cars and swear it's not theirs. My mother was a drug addict, and she knew where all her stuff was at all times, that stuff is too expensive to not keep track of.

I wish OP the best and hope that incident is not enough to cause them trouble in their journey, but I will say that she was not brilliant to lie about it, or try to sneak it across to begin with.(Sorry, people who do drugs keep up with their stash, and women go in their purses often enough to know what's in there, especially before a trip.)

Btw, your concern shouldn't be the interview, is USCIS decides the drugs ARE an issue, you probably won't get as far as the interview stage, as this incident is already on the record. Since she wasn't arrested it may not be a huge problem but you'll still have to disclose it in your paperwork.

Edited June 28, 2012 by SOflaherty

[DC85 113]

try to consult a lawyer, I think this is the best thing to do

Edited June 28, 2012 by myafi1985

[darcness 3]

We have already been in contact with a lawyer about all of this and they said it shouldn't be too much of an issue because she wasn't charged formally with anything. Also since they let her come back multiple times after this and there were no issues that should help. Trust me, they searched and searched and sent us to secondary literally every time we crossed, which was alot. Hopefully they take all that into consideration. Our whole relationship is documented at the POE so there's nothing they don't know.

As for those saying she knowingly had it in her purse, give me a break please. Who in there right mind would willingly bring that through the POE? My wife is nervous enough as it is, let alone to do something like that. If you've never been into a 4-5 hour long interrogation with CBP telling you that they are going to arrest you and you have to pay bail, etc, etc, you have no idea how scary the whole situation can be. She ended up having a panic attack during the process which didn't help matters any. The whole time I was sitting outside the "interrogation" room not knowing what was going on for hours on end. It wasn't a "stash" of any kind being such a small amount. Her boyfriend/ex smoked it and so did her roommate. She hadn't been using that purse it's a completely freak occurrence that may have long term ramifications for us unfortunately.

I know this whole thing sounds preposterous, but it's the truth. I even realize myself that it sounds pretty shaky, but what option do we have? We either tell the trust to the IO and USCIS or we lie to make things more "acceptable" to them. Not going to lie at this point when we clearly disclosed all of this on the I-485.

[IPv6Freely 64]

It probably wont even be mentioned at any point during the process, if you weren't charged for anything. Dont offer the information unless it is requested, either.