Visa Denied

[misa 2]

Sorry to hear about the denial.

[misa 2]

I'm sorry if this was answered before, but I thought a pardon meant that you would not even need a waiver? Like the "offense" never happened... yes? I am hoping that your fiance's senator/congressperson can help with this. We'll all be here crossing our fingers for you!

[kitkat1 5]

Ron, have you consulted a lawyer who is experienced in waivers? While I assume every consulate acts differently, the general rule is alcohol or drug use in the prior THREE years requires a three year wait and proof of rehabilitation. Also, there is no waiver available for these charges -- it's a three year wait. So if Montreal told you that a waiver will "solve" this, I think you should first talk to a lawyer to see if this is even true.

For example, in Ciudad Juarez, Mexico: "Applicants who admit during the medical exam to using an illegal drug within the last three years, or who are found with these substances in their system after drug screening, are inadmissible as drug abusers. There is an exception for mere experimentation (single use). There is no waiver for this medical ground, but applicants who have been in remission for three years since the last drug use can reapply for the visa. The consulate will keep the case open during this period. They should come prepared with evidence that they have undergone drug counseling or similar rehabilitation

CDJ is also known to make false charges of alcoholism. Attorney Laurel Scott's advice to lawyers is: "This does not appear to comply with the Foreign Affairs Manual. Direct any complaints to the Centers for Disease Control, Division of Global Migration and Quarantine, National Center for Infectious Diseases, Centers for Disease Control and Prevention, 1600 Clifton Road, Mailstop E-03 Atlanta, GA 30333. If you disagree with the finding, ask the consular officer to file an Advisory Opinion request with CDC. Other than that, there’s nothing the Department of State can do for you, and you do not have the option to file the Advisory Opinion request directly with CDC yourself.

You might want to have a consult with her (www.visacentral.net) as well as read her 601 memo on her site to get some more advice.

Criminal charges, at least those define as "moral turpetitude", never seem to go away and always have to be addressed by a waiver.

Hope this helps and good luck.

http://travel.state.gov/visa/frvi/ineligib...ities_1364.html

Classes of Aliens Ineligible to receive visas:

(2) Criminal and related grounds.-

(A) Conviction of certain crimes.-

(i) In general.-Except as provided in clause (ii), any alien convicted of, or who admits having committed, or who admits committing acts which constitute the essential elements of-

(I) a crime involving moral turpitude (other than a purely political offense or an attempt or conspiracy to commit such a crime), or

(II) a violation of (or a conspiracy or attempt to violate) any law or regulation of a State, the United States, or a foreign country relating to a controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)), is inadmissible.

(ii) Exception.-Clause (i)(I) shall not apply to an alien who committed only one crime if-

(I) the crime was committed when the alien was under 18 years of age, and the crime was committed (and the alien released from any confinement to a prison or correctional institution imposed for the crime) more than 5 years before the date of application for a visa or other documentation and the date of application for admission to the United States, or

(II) the maximum penalty possible for the crime of which the alien was convicted (or which the alien admits having committed or of which the acts that the alien admits having committed constituted the essential elements) did not exceed imprisonment for one year and, if the alien was convicted of such crime, the alien was not sentenced to a term of imprisonment in excess of 6 months (regardless of the extent to which the sentence was ultimately executed).

B Multiple criminal convictions.-Any alien convicted of 2 or more offenses (other than purely political offenses), regardless of whether the conviction was in a single trial or whether the offenses arose from a single scheme of misconduct and regardless of whether the offenses involved moral turpitude, for which the aggregate sentences to confinement were 5 years or more is inadmissible.

[L_n_O 3]

I do hope you figure it out though.. you've come so far and we're not gonna let this stop you..

if you need any help, let us know..

keep pushing on...

[new orleans bound 0]

Ron, firstly I wanted to say I'm sorry about your denial. It's never easy finding out your immigration journey has hit a road block, but I do believe with that with sound advice from members of this forum and from a competent lawyer you should be able to get past the denial.

Secondly, I wanted to say that the advice that KitKat had written is right on, and her recommendation of seeking sound legal advice will help you in the long run. With research into the particulars of your case and sound legal help from someone who knows what they're talking about, should help you immensely. The unfortunate thing about the Montreal Consulate, is all waivers are sent to Vermont and there is no processing time on them.(Meaning they can take as long as they want to process any one waiver). I hope you get assistance from the congressperson in your wife's State, and hopefully they can help you. Not sure if they really can do much in speeding up waiver approval. Best of Luck.

[Autumnchik 6]

Ron and Sharon,

Don't have any words of advice, but support for you both. I'm so sorry this happened. It does not make any sense to me. Hope this gets resolved quickly.

[~Nini~ 2]

Ron and Sharon, my best thoughts to you both. I hope everything gets sorted out.

[mozplay 29]

I'd just like to add my own regrets for your experience so far, Ron & Sharon. I do believe that everything happens for a reason though and you never know - it may be better that this has come up now while you are in Canada and can deal with it easily as opposed to during the AOS process when you are a million miles away and trying to gather paperwork.

This too shall pass ....

Mo

[Carlawarla 1]

Ron and Sharon,

I'm so sorry about recent events and decisions made at the Consulate. You must be heartbroken, as I am for you. I know you'll get all the legal advise and help you'll need to be together. You guys are soul mates. If during this journey I can do anything to advocate for you guys, or just lend an ear, feel free to contact me.

Carla

[Allie 5]

Sorry to hear this and hoping it all works out for you and Sharon.

[Amanda-Lise 0]

so sorry that you are in this situation. I think kitkat had some great advice, really hope this can be resolved soon.

[thetreble 19]

So sorry to hear about all this you two and just wanted to offer my support. The decision seems strange and asinine to me but I hope you guys can take care of it and work everything out.

[vnoe 0]

Gosh, I am really sorry to hear about this. Its very discouraging....but I'm sure things will work out in the end!!!! My thoughts are with the both of you!!!!

[Ron/Sharon 0]

Time for me to shut up before I add another 3 pages here. Thank you all for the support and words that mean so much to both Sharon and I.

I wish everyone an easy passage through the consulate, and to those I have misssed that have gone through, Congratulations nad life a wonderful life together.

Love you all.

Hey! You don't have to shut up - it's your life (and Sharon's) and we're your friends, so vent away amigo. This whole thing is cr@p - I told Bren about it and he is also pizzed off at MTL for having done this to you - you were honest and BOING! they slap you. A-holes. And, as an aside: don't drink today. just today.

As you can see I have had everything moved so to not interfere with the normalcy in MTL Timeline to Interview since it was becoming a bit much, too much about our denial and not enough about other things that should matter more.

Not to worry about my going out and drinking at our engagement Sharon bought some sparkling grape and I took one sip and that was enough for me. I can’t even eat liquorice because to me it tastes like vodka.

[Ron/Sharon 0]

Truth hurts sometimes

I can understand that Ron had to tell everything. It's just not right when you do and it comes back to kick you in the butt.

This whole thing is like walking on eggshells, you try to do it the right way, be truthful and then you even have to worry about going for a simple visit.

I screwed up and there is no-one else to blame.

The first day we were too stunned to feel anything at all, then having our hearts cut out was the feeling of the day and then ####### set in. If it weren’t for Sharon’s parents both being alive we wouldn’t even consider any further action with the immigration process.

Right now I’m not sure that I will be able to visit over the Christmas holidays because of the denial, that in my book would be a major bummer.