Refused on grounds of 212(a)(2)(A)(ii) at london embassy

[Too frustrated 0]

Hello everyone as you can see by the title you know what this post is going to be about 

I was refused but it said I may be eligible for a waiver and I'm wondering what my next steps should or could be?

Basically I was refused for possession of cannabis 

This happened 25 years ago and I didnt have a custodial sentence in fact the amount was 1 gram but it's still on my record as no live trace and when asked at the interview about it I told the consular officer truthfully 

Anyway I got a 221g and had to give my consent for them to check with acro which they did and then i got my passport back with the refusal notice but nothing on how they came to this decision 

Is there a way to appeal?

Do we create a case at uscis or do we find a lawyer?

I've read that this is likely to get a waiver and is just a blip but do we spend money on a lawyer or just go down the uscis route?

If a lawyer is needed is it best to have a uk based one or a us based one?

Sorry for all the questions but after trying for months in this process and getting told all sorts of different things that we needed and didnt need you can maybe understand our frustration 

Any help or advice would be greatly appreciated thankyou 

[Boiler 45,735]

On 1/28/2021 at 3:39 AM, Too frustrated said:

Anyway I got a 221g and had to give my consent for them to check with acro which they did and then i got my passport back with the refusal notice but nothing on how they came to this decision 

Is there a way to appeal?

 

Do we create a case at uscis or do we find a lawyer?

 

I've read that this is likely to get a waiver and is just a blip but do we spend money on a lawyer or just go down the uscis route?

If a lawyer is needed is it best to have a uk based one or a us based one?

There does not seem anything to appeal, what did you have in mind?

 

Not how waivers work, I 601, but first the Consulate would have to consider one is available.

 

Can not say I am a Drugs expert but did not think Cannabis was waivable which makes sense as you have not been given the opportunity to file a waiver.

 

I would definitely consult with a Lawyer, several good UK based ones and they will be familiar with both US Immigration Law and UK Criminal law

[jan22 3,056]

4 hours ago, Boiler said:

There does not seem anything to appeal, what did you have in mind?

 

Not how waivers work, I 601, but first the Consulate would have to consider one is available.

 

Can not say I am a Drugs expert but did not think Cannabis was waivable which makes sense as you have not been given the opportunity to file a waiver.

 

I would definitely consult with a Lawyer, several good UK based ones and they will be familiar with both US Immigration Law and UK Criminal law

Spouse of US citizen; single offense involving less than 30 grams of marijuana; extreme hardship to US citizen spouse = waiver available.  Whether you need a lawyer or not depends on how well you think you can make the case for extreme hardship on your own.

Edited February 1, 2021 by jan22

[pushbrk 12,998]

18 hours ago, jan22 said:

Spouse of US citizen; single offense involving less than 30 grams of marijuana; extreme hardship to US citizen spouse = waiver available.  Whether you need a lawyer or not depends on how well you think you can make the case for extreme hardship on your own.

Sort of.  Right on the first part but it really does not depend on what the OP thinks.  It depends on what they can actually do.  To make an extreme hardship case properly requires more than thought.  One really has to know what they're doing, and understand what "extreme hardship" actually means in this context.  It's not impossible for a layman to do this, but I'm not exactly a "layman" and I wouldn't try it.

[Too frustrated 0]

So my offence has been classed as moral turpitude which while its sounds bad on first look is a catch all term for a lot of things from murder etc to drug offences and everything inbetween so I have to apply for a waiver and the best way is to use a lawyer 

 

Now whilst I have a lot of time for respect and manners and treating everyone as you would wish to be treated back yourself morals are a different thing altogether 

For instance as a lot of us on here are going through the immigration process legally how do you feel about joe biden pardoning illegal immigrants and setting them up? 

For balance I might add if somebody could find anything moral about trump or any other politician please tell me 

[SalishSea 17,970]

4 hours ago, Too frustrated said:

Now whilst I have a lot of time for respect and manners and treating everyone as you would wish to be treated back yourself morals are a different thing altogether 

For instance as a lot of us on here are going through the immigration process legally how do you feel about joe biden pardoning illegal immigrants and setting them up? 

For balance I might add if somebody could find anything moral about trump or any other politician please tell me 

I don't think you fully understand the deal here.  None of this has any impact on the fact that the United States has classified your crimes as CIMT and you need a waiver if you still want an immigrant visa.  It simply is what it is.

A lawyer is not going to argue that your crimes are not what the INA says they are.  They will argue that you are eligible for and should be given a waiver for the inadmissibility.

[Boiler 45,735]

The odd thing is that you have not been given details on filing a waiver.

[jan22 3,056]

7 hours ago, Too frustrated said:

So my offence has been classed as moral turpitude which while its sounds bad on first look is a catch all term for a lot of things from murder etc to drug offences and everything inbetween so I have to apply for a waiver and the best way is to use a lawyer 

 

Now whilst I have a lot of time for respect and manners and treating everyone as you would wish to be treated back yourself morals are a different thing altogether 

For instance as a lot of us on here are going through the immigration process legally how do you feel about joe biden pardoning illegal immigrants and setting them up? 

For balance I might add if somebody could find anything moral about trump or any other politician please tell me 

If it makes you feel better, technically you have not been refused for a crime of moral turpitude.  Section 212(a)(2) of the INA has two main sections -- crimes of moral turpitude [212(a)(2)(A)(i)(I)] and crimes involving controlled substance violations [212(a)(2)(A)(i)(II)].  Your refusal code is for a contolled substance violation, not a crime of moral turpitude.

[Too frustrated 0]

I've just been told on the form that came back with the waiver that I'm eligible for a waiver and I should contact uscis to proceed 

I've asked for court documents and a character reference from my employer 

Weve got a lawyer in the states and he said it seems like a formality so I'm hopeful 

 

[Boiler 45,735]

It is unusual for a well prepared waiver to be refused.

[millefleur 5,047]

**Moved from IR-1 / CR-1 Spouse Visa Process & Procedures to Waivers (I-601 and I-212) and Administrative Processes (221g)**

[Austin96 15]

On 2/2/2021 at 8:00 PM, Too frustrated said:

I've just been told on the form that came back with the waiver that I'm eligible for a waiver and I should contact uscis to proceed 

I've asked for court documents and a character reference from my employer 

Weve got a lawyer in the states and he said it seems like a formality so I'm hopeful 

 

Hello, it would be helpful if you could update on your 1-601 application process whether you file the application by yourself or via a lawyer...

[Too frustrated 0]

On 2/7/2021 at 2:21 PM, Austin96 said:

Hello, it would be helpful if you could update on your 1-601 application process whether you file the application by yourself or via a lawyer...

Will do 

I'm filing with a lawyer to make sure it goes through which he said it should do as it's a mistake by the london embassy who should have passed it there and then really 

 

[Austin96 15]

38 minutes ago, Too frustrated said:

Will do 

I'm filing with a lawyer to make sure it goes through which he said it should do as it's a mistake by the london embassy who should have passed it there and then really 

 

Much appreciated, at some point in future, once approval of my I-129F application, I will have to follow your steps in relation to I-601 application. What is the name of the lawyer that you are using in the ......PM mean if you do not wish to broadcast the name.

Once again, thank you....................................

Edited February 9, 2021 by Austin96

[Smash 4]

On 2/9/2021 at 12:48 PM, Too frustrated said:

Will do 

I'm filing with a lawyer to make sure it goes through which he said it should do as it's a mistake by the london embassy who should have passed it there and then really 

 

We are going through a similar process. Would you recommend your lawyer? If so, I would be very appreciative of a DM with details. Many thanks