I-601 Denied for Cannabis Possession

[dylski71 0]

After 2 Years of Waiting for my I-601 to be adjudicated, I finally got the denial letter. My Question is, has anyone ever been successful with a re-file or an Appeal?

I'm Canadian- spent 2001-2005 living and working here in the Chicagoland area on a TN VISA. In 2005, I married my US Citizen Wife and hired an attorney to adjust my status. I received my EAD, and AP and of course my wife petitioned me as a beneficiary (I-130?) ALL Successful Filings.

A few months after our somewhat short, sweet and positive interview, we received a letter requiring an I-601. I was arrested here in 2003 with a DUI, but that wasnt the problem. I had a half a gram of Cannabis. I was charged and plead guilty to possession of less than 2.5 grams of cannabis.

We never lied about the criminal charges, and our lawyer informed us of the clause about a waiver for less than 30 grams of cannabis. However, the HSL he provided to USCIS said nothing. We didnt really have hardship but I still feel he could have put more effort into picking our brains for arguments.

Funny, because before I even met my wife (2003, 2004, and 2005), I was able to successfully enter the US WITH INSPECTION , even with disclosing the details of my arrest to the border guards- No problem.

For now, my I-601 has been denied, thus so has my I-485 adjust of status for K3 visa. Our lawyer wants to appeal instead of re-file, and I don't know what to make of it. Any opinions out there?

[YuAndDan 153]

Lawyer is correct, appeal is only option, refiling will only result in another denial, they will see the other I-601, and say why should we approve this one, without addressing the first one?

Also, typically they deny for 2 or more offenses, (in your case possession and the DUI), if you had only One minor offense they probably would have not denied.

[blueblue 0]

Lawyer is correct, appeal is only option, refiling will only result in another denial, they will see the other I-601, and say why should we approve this one, without addressing the first one?

Also, typically they deny for 2 or more offenses, (in your case possession and the DUI), if you had only One minor offense they probably would have not denied.

There are options beyond just the appeal. Refiling is one of them. They already addressed the first waiver with a denial. There is no obligation to appeal it but there is an option to do so.

Your statement that they may not have denied with only 1 minor offense is off base. Only the possession conviction creates an inadmissibility. Without it, there is no need for a waiver at all. The extreme hardship standard is still the standard, no matter what offense (or number) and if the lawyer didn't present any hardships in the waiver brief, that is the reason for the denial.