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Posted

dear peeps

I came to the US in 2010 on a student visa and i left 2015 with a bachelor degree and masters....i've been back in my country for 2 years now and i would love to go just visit to attend my cousin's wedding. He will be sending me an invitation letter that he said i have to take with me to the embassy. During my studies, I got arrested 3 times....1 felony (tampering), 2 misdemeanors (DUI and Possession of marijuana under 2 ounce)... the felony was dismissed as well as the dui. however, i ended up with a conviction for the marijuana due to leaving before my visa got expired. Do u guys think i got a chance to go as a tourist on a b2 visa i think?? tbh, it really doesn's matter to me i just wanna give it a shot and see how i stand.... also my cousin had told me that there's waivers i can fill for the conviction/dismissal?? does anyone know what he's talking about? that all i got ...thank youu for reading 

Posted

No there is no waiver for tourist visa. Also the invitation won't help. 

K1

29.11.2013 - NoA1

06.02.2014 - NoA2

01.04.2014 - Interview. 

AoS

03.2015 - AoS started.

09.2015 - Green Card received.  

RoC

24.07.2017 - NoA1.

01.08.2018 - RoC approved. 

 

 

Posted

A couple things...

  1. The invitation letter won't help your case and it is not required. You need to qualify for the visa entirely on your own. If it's just an invite for the wedding, then it shouldn't hurt either, but expect the CO not to even look at it.
  2. The dismissed crimes shouldn't result in a refusal. The drug-related crime, however, needs to be disclosed and will result in a refusal and incur a bar. Immigration does not play around with this.
  3. I disagree with many of the above - there is the 212(d)(3) waiver (Form I-192). However, it's difficult to get, costs $930 to file (not counting any attorney fees), and is likely to take several months or longer to get a decision.

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

Posted

A single offense of MARIJUANA possession under 2 ounces doesnt impose a bar as quoted by the attorney... he said just to be on the safe side , its better to submit the waiver.. its not difficult to get at all you can even download it ... yes its over priced and the attorney wants 4000. Money isnt a problem at all at all. It takes no more than 3 months for the decision. So theres hope . Thank you alot anyway 

Posted
25 minutes ago, salem2992 said:

A single offense of MARIJUANA possession under 2 ounces doesnt impose a bar as quoted by the attorney... he said just to be on the safe side , its better to submit the waiver.. its not difficult to get at all you can even download it ... yes its over priced and the attorney wants 4000. Money isnt a problem at all at all. It takes no more than 3 months for the decision. So theres hope . Thank you alot anyway 

Well, I'd have to disagree on a couple points there. Yes, you can download the form, but that doesn't mean it's easy to get the waiver approved. It's not just a matter of filling out the form and paying a fee and the issue goes way.

The typical processing time is currently over 6 months for those filed with the embassy (versus those filed at POE which I assumed isn't relevant by nature of needing a visa to visit in the first place). Some take over a year. I have no idea where the "no more than 3 months" is coming from, sorry. I suggest also checking out immigrate2us.net as they have a strong community for waiver cases.

 

Before you get ahead of yourself, you should apply for the tourist visa first. Then the waiver comes into play. If you are denied for another cause (214b is definitely possible based on your ties), then the waiver isn't relevant.

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

Filed: K-1 Visa Country: Wales
Timeline
Posted

Certainly is a waiver as has been mentioned but you have to be otherwise admissible and have something bannable that can be waived. There is no application.

 

First thing to do would be to apply for a B, if you need a waiver they take 6 months or so.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Filed: Country:
Timeline
Posted

of course the lawyer will say it can be done in time for the wedding since you will have paid him when the waver is submitted and he will tell you that the difficulty of your case is what is taking so long. also I would start getting court documents and police records for each arrest and convictions. since there is a lower bar for denying the visa than convicting you and since they were dismissed and not found innocent they still can go against you.

Filed: K-1 Visa Country: Wales
Timeline
Posted

If you need a waiver, they would otherwise issue you a visa and the wedding is next year it is doable.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Posted
5 hours ago, salem2992 said:

A single offense of MARIJUANA possession under 2 ounces doesnt impose a bar as quoted by the attorney... he said just to be on the safe side , its better to submit the waiver.. its not difficult to get at all you can even download it ... yes its over priced and the attorney wants 4000. Money isnt a problem at all at all. It takes no more than 3 months for the decision. So theres hope . Thank you alot anyway 

It appears that you have all the answers.  Why did you bother to ask a question that you have all the answers too?

Posted

Well i got some answers from the lawyer after posting my question here.... he informed me that the waiver wont take more than 4 months as the nature of the offense isnt solid... anyhow, yes they said i should apply for the b visa, theyll deny it and then they would suggest the waiver... i will try cause theres no harm in trying ... its all in GOd's hands... i profusely appreciate your help and thank you so much :)

 
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