Visa Denied

[Ron/Sharon 0]

Damn this sux big time , I meen how can they find all this stuff when your police certificate come out clear ? and my god all this happend in the 70s

geez how far are they goin back too ? another thing is ( in the 70s I was just a lil lea )

but hey 60 - 70s was flower power I bet everyone experimented with a smoke

I just hope things work out

What I got from the consulate was that this is an indictable offense in the states and therefore further action is required. For the past 17 years I have been working in the federal government for a deputy minister, I would think that having a security clearance and being in my position would have had some weight but obviously not at all.

we all made mistakes in the past nobody is perfect but to hold something that is well over aged and you have been cleard off ,against you when you have proven to be a loyal upright citizen is just wrong ,

I feel for you and sharon and the price is outragous what they charge for the waver , but as long as it will help you guys i realy wish you all the best and keep us up to date , good luck with everything to the both of you , Lona

We can't undo the past so might as well deal with today and the future. One good thing is I didn't get a I-212, that would have doubled the amount due. We will survive this glitch and go on.

Thank you Lona for the wishes and good luck.

[Ron/Sharon 0]

Oh, man, Ron. I'm so sorry. Shouldn't this stuff be grandfathered in?

I have looked to see if there was information about that but so far have found none, and I don't think such information is available, but I am also sure that once reviewed it will grandfathered and the OIC at the consulate may get a ####### from the INA people.

[T.O_2_FL 0]

Sorry to hear about the denial....I can't even imagine what you both are going through....our thoughts and prayers are with you both.

How long is it going to take for you to get the Waiver done? $500 something dollars is expensive.....

[Ron/Sharon 0]

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!

A Canadian pardon carries no weight what-so-ever in the States even though it is a document that they want to see. I don't think we will be going the senator/congressperson route, we will just file the document given to me. I am surprised that there is no request for further documentation regarding the charge just a follow-up on the medical.

[Ron/Sharon 0]

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.

Thank you kitkat1, I read what you have written and what she has on her site and taken into consideration that since there is no request for further information in my case other than a blood test for the alcoholism. For the legal charges nothing is asked for because all documentation has be given at the Consulate during the interview and there is no more to be had. I think the IOC at the consulate was under pressure to produce and saw only key words like Auto theft and alcoholism and said denied. Once a review is done and the documentation is sifted through more thoroughly I can only see an approval coming our way.

[L_n_O 3]

I'm sure it will

keep in good spirits.. might just take a couple extra days.. but what's a few more days when you've been dealing with montreal and waiting this long...

[Ron/Sharon 0]

Sorry to hear about the denial....I can't even imagine what you both are going through....our thoughts and prayers are with you both.

How long is it going to take for you to get the Waiver done? $500 something dollars is expensive.....

According to the person at the Consulate it can take between 3 and 12 months to go through the adjudication process.

The medical examination doctor is dealing directly with contacts in the embassy and consulate regarding the 221g request for further information.

The 212(a)---- is very much staright forward as everything for a quick decission is in my file.

I think the lengh of time taken is dependent on complexity of the issues. AS of today the cost 573.03 CDN

Thanks for the thoughts and prayers

[kitkat1 5]

Thank you kitkat1, I read what you have written and what she has on her site and taken into consideration that since there is no request for further information in my case other than a blood test for the alcoholism. For the legal charges nothing is asked for because all documentation has be given at the Consulate during the interview and there is no more to be had. I think the IOC at the consulate was under pressure to produce and saw only key words like Auto theft and alcoholism and said denied. Once a review is done and the documentation is sifted through more thoroughly I can only see an approval coming our way.

Ron, I would still highly recommend a consult with Laurel regarding the alcohol charges. I understand the criminal charges - these never go away and do need to be addressed via waiver. But they told you the alcohol charge was waivable -- which it isn't. It requires a three year wait. What was the 221g about? Did it specifically address the alcohol charges? It sure looks like they made a big, fat mistake that needs to be addressed. Laurel's consultation fee is not high and IMO will really, really help you. She can also help you with realistic timeframes for waiver adjudication in Vermont -- it typicall takes about 12 months and since the consulate is not involved in adjudication, they often give unrealistic or incorrect time frames.

[Ron/Sharon 0]

Thank you kitkat1, I read what you have written and what she has on her site and taken into consideration that since there is no request for further information in my case other than a blood test for the alcoholism. For the legal charges nothing is asked for because all documentation has be given at the Consulate during the interview and there is no more to be had. I think the IOC at the consulate was under pressure to produce and saw only key words like Auto theft and alcoholism and said denied. Once a review is done and the documentation is sifted through more thoroughly I can only see an approval coming our way.

Ron, I would still highly recommend a consult with Laurel regarding the alcohol charges. I understand the criminal charges - these never go away and do need to be addressed via waiver. But they told you the alcohol charge was waivable -- which it isn't. It requires a three year wait. What was the 221g about? Did it specifically address the alcohol charges? It sure looks like they made a big, fat mistake that needs to be addressed. Laurel's consultation fee is not high and IMO will really, really help you. She can also help you with realistic timeframes for waiver adjudication in Vermont -- it typicall takes about 12 months and since the consulate is not involved in adjudication, they often give unrealistic or incorrect time frames.

Right now I'm going to deal the little things and wait for news from the doctor who may be able to get the alcoholism thing gone.

This office regrets to inform you that it is unable to issue a visa to you because you have been found ineligible to receive a visa under the following section(s) of the Immigration and Nationality Act. The information contained in the paragraphs marked with “X” pertain to your visa application. Please disregard the unmarked paragraphs.

X – Section 221(g) which prohibits the issuance of a visa to anyone whose application does not comply with the provisions of the Immigration and Nationality Act or regulations issued pursuant thereto. The following remarks apply in your case:*

Need follow-up with medical for alcoholism.

The criminal offence is under section 212(a)-------

[kitkat1 5]

OK - that makes it sound much better. I agree that you should wait for the news from the doctor and hope that he can correct it.

For the criminal charges and the 601 waiver, I suggest reading everything on www.immigrate2us.net in the waiver forum. Great examples of approved and denied letters, and lots of help for your wife regarding how she will need to write the letter and what kind of evidence she'll need.

Good luck.

[Ron/Sharon 0]

OK - that makes it sound much better. I agree that you should wait for the news from the doctor and hope that he can correct it.

For the criminal charges and the 601 waiver, I suggest reading everything on www.immigrate2us.net in the waiver forum. Great examples of approved and denied letters, and lots of help for your wife regarding how she will need to write the letter and what kind of evidence she'll need.

Good luck.

kitkat1, Thank you very much for all the information, you are a sweetheart. I don't think we have any grounds for hardship though since we have both lived on our own for an equal amount of time without too much difficulty. Our sole hardship is that of two hearts being apart.

[kitkat1 5]

kitkat1, Thank you very much for all the information, you are a sweetheart. I don't think we have any grounds for hardship though since we have both lived on our own for an equal amount of time without too much difficulty. Our sole hardship is that of two hearts being apart.

DO NOT go down that path in your head!!! Hardship consists of a ton of things and it's not nearly as difficult to prove as you might think. Start with Laurel Scott's memo for a guideline and then check out the forum on I2us. Your wife has to look at how her life would change if she had to relocate permanently to Canada -- how it would impact her employment/financial situation/health insurance/social security and retirement income/her family and her ties in the US, etc. etc. etc. You can post there asking for member experiences specifically from Canada and you'll find a lot of help. It's doable - just takes a lot of work to write the letter and pull together the evidence so stay positive!

[KarenCee 3]

Ron/Sharon...I am so sorry for what's recently happened. Joel and I hope things get resolved with the waiver. Hang in there...I truly believe the Latin phrase "Amor Vincit Omnia"...Love Conquers All.

[Ron/Sharon 0]

kitkat1, Thank you very much for all the information, you are a sweetheart. I don't think we have any grounds for hardship though since we have both lived on our own for an equal amount of time without too much difficulty. Our sole hardship is that of two hearts being apart.

DO NOT go down that path in your head!!! Hardship consists of a ton of things and it's not nearly as difficult to prove as you might think. Start with Laurel Scott's memo for a guideline and then check out the forum on I2us. Your wife has to look at how her life would change if she had to relocate permanently to Canada -- how it would impact her employment/financial situation/health insurance/social security and retirement income/her family and her ties in the US, etc. etc. etc. You can post there asking for member experiences specifically from Canada and you'll find a lot of help. It's doable - just takes a lot of work to write the letter and pull together the evidence so stay positive!

Hi kitkat1, thank you for all the information and for the time you have and are spending helping us out with this glitch. I do have to tell you so there is no mistake and you don't waste your time seeking information to help us, I did mention this before "Sharon and I are (not married) we are fiancees and I do not think that a letter of hardship from Sharon would have much value in our case. With that said we have had two, two week vacations and a long weekend together in the 4 years we have known each other yet this was enough for us to come together aquire two vehicles and furnish the home there to suit a combination of both our tastes, we have but one further purchase to make and that is the freezer which now that Sharon is back home from Wichita will purchase in the comming weeks.

I have read 5 pages of hardship letters on I2us and each one was spouse writing on a spouses behalf, not one was fiancée for fiancee.

Again thank you very much for the info and effort.

Ron

[Ron/Sharon 0]

Ron/Sharon...I am so sorry for what's recently happened. Joel and I hope things get resolved with the waiver. Hang in there...I truly believe the Latin phrase "Amor Vincit Omnia"...Love Conquers All.

Thank you very much, I do wish I could answer everyone Individually, I don't like leaving anyone out and them thinking I don't care about them but time is short and Sharon and I are torn in many directions right now. This denial is the icing on the cake.