Not approved/not denied

[Dee002 2]

The officer said that he has to give our case to the lawyers to look over for the statute and see if it states all tobacco products, weed included or if you can only get charged for smoking in a public place that only applies to weed: my husband had a conviction for ‘smoking in public’. This whole time for the paper work and everything we filed stated his charge. We never lied about it. Why do they wait until you get to the interview to make you know? It wasn’t even weed he had. It was a tobacco cigarette. And it was so small, I mean like half the size of a pinky finger. Yet the JP filed it as ‘marijuana’. Anyway, the charge was 3 years ago. So; the consular has his passport and paperwork. If they didn’t give his passport back, why even take it if this happens? This is a joke & it makes no sense. He’s never been to jail, he doesn’t have ANYTHING else on his record. We explained all of this, but it doesn’t matter I know. All these corrupt politicians, all of these people in power have so much more that they do and the people trying to do things the right way always get the short end of the stick. What do we do now? File a 601? His medial will expire at the end of March. 

[Lil bear 4,198]

8 minutes ago, Dee002 said:

The officer said that he has to give our case to the lawyers to look over for the statute and see if it states all tobacco products, weed included or if you can only get charged for smoking in a public place that only applies to weed: my husband had a conviction for ‘smoking in public’. This whole time for the paper work and everything we filed stated his charge. We never lied about it. Why do they wait until you get to the interview to make you know? It wasn’t even weed he had. It was a tobacco cigarette. And it was so small, I mean like half the size of a pinky finger. Yet the JP filed it as ‘marijuana’. Anyway, the charge was 3 years ago. So; the consular has his passport and paperwork. If they didn’t give his passport back, why even take it if this happens? This is a joke & it makes no sense. He’s never been to jail, he doesn’t have ANYTHING else on his record. We explained all of this, but it doesn’t matter I know. All these corrupt politicians, all of these people in power have so much more that they do and the people trying to do things the right way always get the short end of the stick. What do we do now? File a 601? His medial will expire at the end of March. 

You can’t push it. No waiver can be filed until  after a denial… if that happens. The reason why this occurs at the interview and not before is because the IO is the one who holds the authority to adjudicate your application for an IV. No one else can.  USCIS address the right of the US spouse to petition their foreign born spouse. NVC collect the documents and checks that they are signed etc but does not make any judgement on them.  You can only wait at this stage. We all know this is hard 

Edited January 26 by Lil bear

[Boiler 45,478]

How was he found guilty of smoking MJ in public? Pretty easy to test. Did he have a lawyer?

[Dee002 2]

1 hour ago, Boiler said:

How was he found guilty of smoking MJ in public? Pretty easy to test. Did he have a lawyer?

It happened so long ago, when the police grab him off the sidewalk he had just lit up the cigarette, the police take it out of his mouth, crush it on the ground and say “we taking u down to the station”.. & take him to the station. The police UNWRAPPED it & seen it was tobacco yet STILL corrupt & charge him. When he went in front of the judge, they nah believe him. Of course they wouldn’t. It’s the police in JAMAICA corrupt. It was so fast, they told him just to pay $10,000JMD & plead guilty to get out of jail. No, no lawyer for that case, but yes we have a lawyer for our immigration case. The lawyer said since it was just a cigarette and not actual weed, it shouldn’t be a problem. But the consular officer said that he couldn’t push it through with that on there. We didn't want to lie or withhold info so that’s what we did. 

1 hour ago, Lil bear said:

You can’t push it. No waiver can be filed until  after a denial… if that happens. The reason why this occurs at the interview and not before is because the IO is the one who holds the authority to adjudicate your application for an IV. No one else can.  USCIS address the right of the US spouse to petition their foreign born spouse. NVC collect the documents and checks that they are signed etc but does not make any judgement on them.  You can only wait at this stage. We all know this is hard 

Ohh okay. Sorry, but What does IO mean?

[Dee002 2]

1 minute ago, Dee002 said:

It happened so long ago, when the police grab him off the sidewalk he had just lit up the cigarette, the police take it out of his mouth, crush it on the ground and say “we taking u down to the station”.. & take him to the station. The police UNWRAPPED it & seen it was tobacco yet STILL corrupt & charge him. When he went in front of the judge, they nah believe him. Of course they wouldn’t. It’s the police in JAMAICA corrupt. It was so fast, they told him just to pay $10,000JMD & plead guilty to get out of jail. No, no lawyer for that case, but yes we have a lawyer for our immigration case. The lawyer said since it was just a cigarette and not actual weed, it shouldn’t be a problem. But the consular officer said that he couldn’t push it through with that on there. We didn't want to lie or withhold info so that’s what we did. 

Ohh okay. Sorry, but What does IO mean?

Oh never mind. Immigration officer. But if the IO has that authority, why would he said ‘oh lawyers have to look at the statute’..??

[Lil bear 4,198]

4 minutes ago, Dee002 said:

It happened so long ago, when the police grab him off the sidewalk he had just lit up the cigarette, the police take it out of his mouth, crush it on the ground and say “we taking u down to the station”.. & take him to the station. The police UNWRAPPED it & seen it was tobacco yet STILL corrupt & charge him. When he went in front of the judge, they nah believe him. Of course they wouldn’t. It’s the police in JAMAICA corrupt. It was so fast, they told him just to pay $10,000JMD & plead guilty to get out of jail. No, no lawyer for that case, but yes we have a lawyer for our immigration case. The lawyer said since it was just a cigarette and not actual weed, it shouldn’t be a problem. But the consular officer said that he couldn’t push it through with that on there. We didn't want to lie or withhold info so that’s what we did. 

Ohh okay. Sorry, but What does IO mean?

Because the DOS regulation needs to be interpreted in light of the specifics of this case .. And this is  outside  the scope of the IO.. He refers it to legal, who make a ruling and notify the IO.. who then makes the final decision on the application 

Edited January 26 by Lil bear

[TBoneTX 45,267]

Thread involving the consular interview is moved to the Embassy/Consulate forum.