Subject Access

[DA BOMB 1]

Infopass is not what you need. They are not going to advise you on the proper way to file a hardship letter.

While you have the applicable statute before you, drug crimes are treated differently than other crimes. The length of time since the offense may have some bearing on the decision for a waiver.

I would consult with an attorney and I would have my fiance' order his police report to see exactly what is on there.

Thats the first thing I had him do is get the national police cert. Its got ONE single possession (will be five years in September but the US doesnt acknowledge the Rehabilitation Act) and ONE single breach of the peace stemming from the same incident. Nothing more.

You are going to need to produce evidence of the quantity of the cannabis. Have you ordered the Court Record?

This will be considered two charges, BTW.

No, its one count. We have the court records. It doesnt specify the actual amount so supporting court documents are being ordered as if it were more than a certain amount (still under 30 grams) it wouldnt be counted as simple possession under the Misuse of Drugs Act 1971 section 5,2.

There's a good bit of anecdotal evidence in the Waiver forums here, and a special thread for Brits.

I personally wouldn't be going for an Infopass appointment talking about my boyfriend's prior transgressions prior to filing a visa petition for him. I'd discuss it with a lawyer instead.

I thought about this as well. Being that they log all your information Im sure anything I inquire about will surely come back to me.

[rebeccajo 14]

I'm saying it's two charges because.....

I am familiar with a recent waiver filing (UK) wherein the immigrant had two incidents in his past, but there were two separate charges appearing on his police report for each incident - in other words, four entries on the police report.

The petitioner who filed the waiver told me that was considered four charges for the purposes of the waiver.

I am not trying to make more of this than there may really be. However, I am familiar with waiver outcomes by virtue of my friendships on this board. Therefore I would also caution you to not place too much credence in how a transgression is 'categorized' under UK law. "Spent crimes", "Misuse of Drugs Act" - all these things are important to charges and law in the UK, but they are viewed differently when satisfying US laws for the purposes of immigration.

Edited March 8, 2007 by rebeccajo

[DA BOMB 1]

I'm saying it's two charges because.....

I am familiar with a recent waiver filing (UK) wherein the immigrant had two incidents in his past, but there were two separate charges appearing on his police report for each incident - in other words, four entries on the police report.

The petitioner who filed the waiver told me that was considered four charges for the purposes of the waiver.

I am not trying to make more of this than there may really be. However, I am familiar with waiver outcomes by virtue of my friendships on this board. Therefore I would also caution you to not place too much credence in how a transgression is 'categorized' under UK law. "Spent crimes", "Misuse of Drugs Act" - all these things are important to charges and law in the UK, but they are viewed differently when satisfying US laws for the purposes of immigration.

Yes I understand what you mean. The last K1 I filed had a single incidence but was counted as two charges. This is definately one and all the categorization I term comes from the immigration standpoint. The information I listed earlier is the same information listed on the United States Immigration and Nationality Act. If only it were according to UK law the Rehabilitation Act would eliminate the need for the waiver Im after. The Misuse of Drugs Act is on the court records and defines what type of conviction and the class of drug © which is very important as you can see. No other drug conviction can be waived.

Edited March 8, 2007 by MRS BILLY BONG

[rebeccajo 14]

I'm speaking about the quantity. I'm not sure the Misuse of Drugs Act (alone) will be enough for your waiver.

I would suggest you research the posts of the member Mary&Tom for the situation which is most prevalent in my mind.

[DA BOMB 1]

I'm speaking about the quantity. I'm not sure the Misuse of Drugs Act (alone) will be enough for your waiver.

I would suggest you research the posts of the member Mary&Tom for the situation which is most prevalent in my mind.

Excellent. Thank you. Yes the first thing I dug into was the proof of the actual amount and came up with the charge being possession would be considered trafficking if it were anymore than a certain amount. But that in itself would need to be stated somewhere. I want to tear my hair out because this is the information I could attain on my own with a simple visit to the courthouse but my sweetie doesnt put enough pressure on the right person to actually get what Im looking for. The court papers basically state the exact same thing as the National Report....no description of the actual events that took place that night or circumstances surrounding the charges. Not to mention he has never been arrested or never stepped foot in a court room. The outcome was just a fine...no "intended" jail penalty that was later dropped which also means a lot to immigration. I appreciate your help rebeccajo...If you can remember anymore members with situations like mine or if there's anyone reading this that would like to add their advice or input that would be super.

Edited March 9, 2007 by MRS BILLY BONG

[Baileyj96 0]

Well for your question about filing for a visitors visa. You would file at your local embassy as usual but then they will forward it on to London for a decission. There is no paperwork to file as far as needing a waiver or hardship letter for a visitors visa. It is totally up to London if they will allow you to have a visitor visa or not. They will do fingerprints at the time. I'm trying to remember but I think it took about 2 months for my husband to receive the visa after London approved it. The visa will be stamped with a waiver at the bottom if and when you receive it and will need renewed yearly. I would make sure you provide them with all the evidence including the police report and court records. Anything that would prove rehabilitation. I'm not positive how a possesion charge would be handled (our experience was multiple crimes but were over 25 years past not for drugs. ) but I'm sure the amount of drugs will make a difference. Mary and Tom's case was a bit different because he ended up having a trafficing charge instead of a possesion charge and he could not prove the amount of drugs.

This is only my opinion but as far as when you apply for K-1. I do believe you will be required to file for a I-601 waiver. The section of the law that applys to this has changed. It used to be more spacific and state an amount of drugs. Now it refers you to section 102 of controlled substance act. You might give that a read. I glanced at it but I didn't find anything. I'm not positive on this one either but my thoughts are once you meet the criteria of multiple crimes. You will be required to do a waiver. One good test would be when or if you do file for a visitor visa. If your visitor visa is denied, well I would take that as a good indication you will more than likely need to file an I-601 waiver for the K-1 visa.

Not sure this helps much but good luck.

Baileyj96

[DA BOMB 1]

Well for your question about filing for a visitors visa. You would file at your local embassy as usual but then they will forward it on to London for a decission. There is no paperwork to file as far as needing a waiver or hardship letter for a visitors visa. It is totally up to London if they will allow you to have a visitor visa or not. They will do fingerprints at the time. I'm trying to remember but I think it took about 2 months for my husband to receive the visa after London approved it. The visa will be stamped with a waiver at the bottom if and when you receive it and will need renewed yearly. I would make sure you provide them with all the evidence including the police report and court records. Anything that would prove rehabilitation. I'm not positive how a possesion charge would be handled (our experience was multiple crimes but were over 25 years past not for drugs. ) but I'm sure the amount of drugs will make a difference. Mary and Tom's case was a bit different because he ended up having a trafficing charge instead of a possesion charge and he could not prove the amount of drugs.

This is only my opinion but as far as when you apply for K-1. I do believe you will be required to file for a I-601 waiver. The section of the law that applys to this has changed. It used to be more spacific and state an amount of drugs. Now it refers you to section 102 of controlled substance act. You might give that a read. I glanced at it but I didn't find anything. I'm not positive on this one either but my thoughts are once you meet the criteria of multiple crimes. You will be required to do a waiver. One good test would be when or if you do file for a visitor visa. If your visitor visa is denied, well I would take that as a good indication you will more than likely need to file an I-601 waiver for the K-1 visa.

Not sure this helps much but good luck.

Baileyj96

It does help, thank you. In your situation..were you and your husband married or filing a K petition at the time of his applying for a tourist visa? The application asks these questions and I was not sure if a pending petition will affect his approval. I'd personally rather lay it all out there as our situation shows we're trying to go the best route. I have no doubts that we'll have to file an I-601 for the K-1. I just hope it doesnt take 4 months to process when we do! I would think if he gets approved for a tourist visa after presenting the court docs. and police reports - it would surely help in the I-601. Why the heck would they approve one and not the other ya know? Anyway - his record specifies possession and not traficking (thank the good Lord) otherwise I'd be selling my things and moving to Scotland.

[Baileyj96 0]

i'll send you a pm.