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[DA BOMB 1]

I've been trying to figure out a way for my guy to get here on a tourist visa while we wait since he's ineligible for the VWP. I stumbled upon an Aussie site that has this info:

"Should you have an ineligibility, in certain cases the consular officer can, at his or her discretion, recommend that the U.S. Citizenship and Immigration Services (USCIS) approve a waiver of that ineligibility.

This basically entails requesting permission from USCIS to allow issuance of the visa. Please be aware that this can take some weeks, and that you will need to provide details of your conviction in the form of court records and a National Police Certificate based on a fingerprint check."

Does anyone in the UK know if there's a fingerprint based National Police Certificate in addition to the normal National Police Certificate? I cant find any information on the London Embassy site.

Edited March 8, 2007 by MRS BILLY BONG

[Marina + Dave 0]

Hey, I'm sure one does exist! But you don't need one for the London Consulate. We just got our UK police certificate and it just costs 10 pounds and is a simple form you can pick up from your local police station and get it sent to Scotland Yard.

So yeah, maybe there is a fingerprint check...but it isn't required!

[TimsDaisy 0]

Are you sure he's VWP ineligible? Have you tried an infopass appt to get more information? It sounds like you have a complicated situation, or at least that you think you have a complicated situation, but you might want to go straight to the source to clear things up.

[DA BOMB 1]

Are you sure he's VWP ineligible? Have you tried an infopass appt to get more information? It sounds like you have a complicated situation, or at least that you think you have a complicated situation, but you might want to go straight to the source to clear things up.

Tell me more about this infopass appt. please. I was half tempted to pay the $16 to call the consulate advice line. Here's the situation: 5 years ago in September my fiance had a huge party at his house. Well, in the wee hours of the morning after the guests left (or were passed out somewhere) the cops barged open the door because the music was still too loud. They found less than a gram of marijuana. He was never arrested nor did he even go to court but they said he confessed to guilt of possession with a letter. Whatever. Its on his criminal record as a single possession along with a breach of the peace neither which is a crime of moral turpitude. Here's what I keep finding over and over again as I search for information:

"What is a 212(h) waiver?

It is a waiver that allows you to get legal status through a family member even though you have criminal convictions. It can waive the following crimes:

*Crimes of “moral turpitude” except murder or torture

*Multiple criminal convictions

*Prostitution

*only one offense (whether you admitted to the act or were actually convicted) of simple possession of 30 grams or less of marijuana (no other drug crimes can be waived)

What do I need to show to be granted this waiver?

you are the husband, wife, parent, daughter or son of a

U.S. citizen or lawful permanent resident who would suffer

“extreme hardship” if you were kept out of or forced to leave the U.S. "

AND

"Section 212(h) (crime waiver) provides that:

The Attorney General may, in his discretion, waive the application of

subparagraphs(A)(i)(I), (B), (D), and (E) of subsection (a)(2) and

subparagraphs (A)(i)(II) of such subsection insofar as it relates to a

single offense of simple possession of 30 grams or less of marijuana

if--

"(B) in the case of an immigrant who is the spouse, parent, son, or

daughter of a citizen of the United States or an alien lawfully admitted

for permanent residence if it is established to the satisfaction of the

Attorney General that the alien's exclusion would result in extreme

hardship to the United States citizen or lawful resident spouse, parent,

son, or daughter of such alien;"

So as you can see this crime is (barely)waivable BUT - and its a big but (_I_) - it appears he needs a hardship letter from an immediate family relative which he wont have until this child is born in September. Looks like we'll have to wait it out on the K1. Gimme that fricken rainbow LisaD...I need it.

[TimsDaisy 0]

Hardship means realllllly hard harship. I'll try to find the thread, but at least once on here somewhere was a discussion of what gets you in on the "hardship" waiver and what kind of evidence will cut it. "I have a kid over there" doesn't cut it, apparently. "I have a kid over there and the mom is quadrapalegic unable to care for herself in my absense and she's an orphan with no other support" might.

I'm still wondering if his conviction really makes him ineligible. The Infopass I'm not too familiar with, but it's a way to make an appointment with an immigration officer to ask questions. http://infopass.uscis.gov/index.php check there for more information and see what you can find out.

[rebeccajo 14]

Infopass is not what you need. They are not going to advise you on the proper way to file a hardship letter.

While you have the applicable statute before you, drug crimes are treated differently than other crimes. The length of time since the offense may have some bearing on the decision for a waiver.

I would consult with an attorney and I would have my fiance' order his police report to see exactly what is on there.

Edited March 8, 2007 by rebeccajo

[TimsDaisy 0]

Right-o on the hardship letter an infopass - I was more thinking about the drug conviction question.

Here's the hardship info: http://www.visajourney.com/forums/index.php?showtopic=316 it was right there pinned at the top of the waiver forum - guess I didn't have to dig too far after all.

(am I the only one who never seems to get the "search" funciton to work? seriously, it never does a damn thing for me. and even if it did, the few times i've gotten results and not errors to come up, they can be dummy returns because people don't label their topics very well - which seems to be what gets searched, rather than the text.)

[rebeccajo 14]

Daisy, I find it more beneficial to search within the forum.

[DA BOMB 1]

Infopass is not what you need. They are not going to advise you on the proper way to file a hardship letter.

While you have the applicable statute before you, drug crimes are treated differently than other crimes. The length of time since the offense may have some bearing on the decision for a waiver.

I would consult with an attorney and I would have my fiance' order his police report to see exactly what is on there.

Thats the first thing I had him do is get the national police cert. Its got ONE single possession (will be five years in September but the US doesnt acknowledge the Rehabilitation Act) and ONE single breach of the peace stemming from the same incident. Nothing more.

[rebeccajo 14]

Infopass is not what you need. They are not going to advise you on the proper way to file a hardship letter.

While you have the applicable statute before you, drug crimes are treated differently than other crimes. The length of time since the offense may have some bearing on the decision for a waiver.

I would consult with an attorney and I would have my fiance' order his police report to see exactly what is on there.

Thats the first thing I had him do is get the national police cert. Its got ONE single possession (will be five years in September but the US doesnt acknowledge the Rehabilitation Act) and ONE single breach of the peace stemming from the same incident. Nothing more.

You are going to need to produce evidence of the quantity of the cannabis. Have you ordered the Court Record?

This will be considered two charges, BTW.

Edited March 8, 2007 by rebeccajo

[DA BOMB 1]

Thanks TimsDaisy. I really dont know if a hardship letter is necessary. I once asked a lawyer who seemed shocked that I thought he would even require a waiver. There's someone in this forum who has the answer.

[TimsDaisy 0]

There's people in the forum with individual experience and different sets of circumstances. It may still be worth the nominal costs to make the call or set up the InfoPass appointment and lay everything out to someone who works for the agency. Then you'll know (closer to) for sure. Try to get whatever they tell you in writing, or at least take plenty of detailed notes of the conversation and get the name of the person with whom you speak. You might end up in the same place you are now, but I can't see how you'd end up in a worse position. And think how great it would be if he can actually use the VWP.

Do you think a lot of brits think about their one time pot bust when they come to the country? I mean, you don't want to chance his flying all the way out here just to get denied at the gate, but its possible this whole situation could be easily resolved - and you'll at least know about the waiver question for the K1 process.

[DA BOMB 1]

There's people in the forum with individual experience and different sets of circumstances. It may still be worth the nominal costs to make the call or set up the InfoPass appointment and lay everything out to someone who works for the agency. Then you'll know (closer to) for sure. Try to get whatever they tell you in writing, or at least take plenty of detailed notes of the conversation and get the name of the person with whom you speak. You might end up in the same place you are now, but I can't see how you'd end up in a worse position. And think how great it would be if he can actually use the VWP.

Do you think a lot of brits think about their one time pot bust when they come to the country? I mean, you don't want to chance his flying all the way out here just to get denied at the gate, but its possible this whole situation could be easily resolved - and you'll at least know about the waiver question for the K1 process.

God I know! I have an appointment for Monday @ 10am I think this is the best route before I even send out the K1. He cant possibly be the only person from the UK with a possession.

[ridley 0]

I think you'll get better information from the U.S. embassy in the UK than you will from a USCIS infopass appointment in the U.S. Embassies are generally responsible for issuing tourist visas.

[rebeccajo 14]

There's a good bit of anecdotal evidence in the Waiver forums here, and a special thread for Brits.

I personally wouldn't be going for an Infopass appointment talking about my boyfriend's prior transgressions prior to filing a visa petition for him. I'd discuss it with a lawyer instead.