K1 Visa + Wavier

[Brian118 0]

Hey guys, not sure if this is the correct place to ask this question on the forum. Anyway,  when I was 19 I was caught with 0.5g of weed by the police in the UK and they gave me with a police caution in the UK, I have not been arrested nor have any other caution or conviction , its been 5.5 years since I received the caution.Recently me and my US girlfriend has been talking about getting married and relocating in the US. I had a brief conversation with a US immigration lawyer recently and she advised me to apply for both the wavier and K1 visa in the same time and basically just hope for the best, however in my own research, dont a waiver for my case needs to be either need to be a 15-Year 212h Waivers or a Extreme Hardship 212h Waivers which both of them does not apply to my situation, I am really confused right now. Is there another type of wavier I can apply for?  thanks 

Edited November 16, 2022 by Brian118

[TBoneTX 45,308]

Duplicate thread has been removed from another forum.  Please post just once on a topic.  

[Brian118 0]

Just now, TBoneTX said:

Duplicate thread has been removed from another forum.  Please post just once on a topic.  

Thanks! sorry I wasn't sure where was the correct place to ask about my question.

[Boiler 45,525]

I 601 is the waiver

[Brian118 0]

13 minutes ago, Boiler said:

I 601 is the waiver

13 minutes ago, Boiler said:

I 601 is the waiver

 

Hi there Boiler, thank you for your reply, so I have just looked up the I601 wavier and it stated on there that 

 

“With the application, you must establish one of the following:
A. You are inadmissible only because of your participation in prostitution, including having procured others for prostitution or having received the proceeds of prostitution, but you have been rehabilitated and your admission to the United States will not be contrary to the national welfare, safety, or security;
B. At least 15 years have passed since the activity or event that makes you inadmissible, you have been rehabilitated, and your admission to the United States will not be contrary to the national welfare, safety, or security;
C. Your qualifying U.S. citizen, lawful permanent resident relative (spouse, son, daughter, parent), or K visa petitioner would experience extreme hardship if you were denied admission; or
D. You are an approved VAWA self-petitioner.”

 

which again I’ll either need 15 years or show extreme hardship and I don’t think neither of those apply to me. Why would the immigration lawyer recommend me to do anyway? I think I may have seen it on the forum somewhere before that say someone didn’t need to wait 15 years and actually got it approved after 8 years of his crime, will this possibly be a chance that could happen?   

Edited November 16, 2022 by Brian118

[Boiler 45,525]

I 601 is mainly a question of presentation, some are more obvious than others.

 

It would be reasonable to assume you will be asked for a waiver. The Consulate Officer will decide.

[Brian118 0]

18 hours ago, Boiler said:

I 601 is mainly a question of presentation, some are more obvious than others.

 

It would be reasonable to assume you will be asked for a waiver. The Consulate Officer will decide.

Got it, thank you

[Sandra G. 5,048]

On 11/16/2022 at 1:54 AM, Brian118 said:

Hey guys, not sure if this is the correct place to ask this question on the forum. Anyway,  when I was 19 I was caught with 0.5g of weed by the police in the UK and they gave me with a police caution in the UK, I have not been arrested nor have any other caution or conviction , its been 5.5 years since I received the caution.Recently me and my US girlfriend has been talking about getting married and relocating in the US. I had a brief conversation with a US immigration lawyer recently and she advised me to apply for both the wavier and K1 visa in the same time and basically just hope for the best, however in my own research, dont a waiver for my case needs to be either need to be a 15-Year 212h Waivers or a Extreme Hardship 212h Waivers which both of them does not apply to my situation, I am really confused right now. Is there another type of wavier I can apply for?  thanks 

Below you will find information about inadmissibility.

https://www.ilrc.org/sites/default/files/resources/immigrants_marijuana_may_2021_final.pdf

[Family 3,988]

If you are committed to the relationship, marry first file I-130 and stay steady for the long run. Only after the IV interview at consulate and a paper refusal letter with inadmissibility findings will give you a valid path to filing the I-601 hardship waiver…

 

Unfortunately you cannot pre empt filing the I-601 before consular refusal letter ( USCIS AAO non precedent decisions are full of denials for premature filings ) so talk to attorneys that can cite section of the law ..better to Pay for Better than Pray …

 

Proving the hardship is doable so don’t stress.

 

What you can also prepare for is getting a ONE YEAR medical ban from the date of interview, during which you will have drug testing every 3 months at the designated panel physician location.  You may be able to pre empt that ..,but would need to work it out in advance with same panel physician that will do medical exam for IV interview.. to make sure it will suffice for him to sign off .

Here ‘s a bit more resources and easy reading.

https://defendermanuals.sog.unc.edu/sites/default/files/pdf/3.5 Crime-Related Grounds of Inadmissibility.pdf

The inadmissibility ground does not contain the exception for a single offense of simple possession of 30 grams of marijuana. In other words, a conviction for possession of any amount of marijuana will make your client inadmissible

 

 

Edited December 14, 2022 by Family

[Family 3,988]

On 11/16/2022 at 6:17 AM, Brian118 said:

and I don’t think neither of those apply to me

You realize you pasted inadmissibility related to prostitution..so unless that is part of the marijuana citation..it does not apply to you.

[Family 3,988]

On 11/15/2022 at 10:54 PM, Brian118 said:

there another type of wavier I can apply for

212h is the section of law thar allows a criminal conviction for controlled substance exception for 30 grams or less ( also a few other issues not related to you).,the I-601 is the waiver available to you w qualifying relative showing of hardship. 

So it’s a big investment of $$ and time and best filed with I-130 spousal  than I-129 F fiancee .

 

More reading 

https://www.shusterman.com/212h-waivers/

Edited December 14, 2022 by Family