Waivers, cannabis, how long will it take...

[notanymore]

My immigration visa application has been on ice for a while - difficult to make up my mind. But I want to move to America next summer - I'm a UK citizen with a US wife, and we have a son, who obviously has joint citizenship.

So, I've been through the first bits - I've appointed the agent, and I now have to pay the $400 and move to the embassy stage. So, my question is, how long is it going to take?

Firstly I have to go to the embassy (London) and get my medical. Then I'll get rejected because nearly 3 decades ago I got a conviction for possessing less than half a gram of cannabis resin. Then I'll fill in the waiver form and return it. Then, hopefully, I'll be given the visa.

Given it was a single conviction, for a small amount, that happened decades ago, I don't anticipate any trouble, particularly if I pay someone like Laurel Scott to help me with the waiver form.

So, if I send in the $400 now, what's the earliest I'll get the visa? I don't want to go earlier than next Summer, but I feel I've got to get going.

[notanymore]

As a secondary question, is there any danger that I might not need a waiver - it was a single offence, it happened nearly 30 years ago, it involved possession of less than half a gramme of cannabis resin. If I didn't need a waiver I could be in real trouble - having a visa and having 90 days (I believe) to exercise it, when I'm not ready to make the move.

[Laura]

Have you consulted with Laurel yet? I think she would be able to answer your questions about whether you will need a waiver. Part of my thinks that maybe because it was so minor so long ago you won't, but I can't think of an exception that mentions a particular timeframe. The other part of me thinks that because it's drug-related it will require a waiver no matter what.

As far as the waiver processing part, I'm not sure how long that is in London. 6-9 months maybe. You could look for member Pinkpig's signature where there is a spreadsheet that lists waiver processing times going way back. You could probably find the timelines for some relatively recent people there.

Best of luck!

[Pinkpig]

to slow down the process at this stage of the game is probably not wise.

so many things can happen that we have never even heard of before, so I would urge you to go forward.

There are ways to slow the process all along the way.

I cannot ever remember anyone saying that it was too quick.

It is nearly impossible to time this process to your needs.

It you need a waiver it will probably take at least a year to get it.

I suggest if you are planning to contact Laurel, you go ahead and do that. She is a very busy law firm.

Good Luck to you.

[notanymore]

Thanks for the feedback. I got an email view from Laurel Scott a couple of years ago.

Having looked at the relevant laws, I don't actually have to show hardship, because a. it's a single offence b. the length of time that has elapsed and c. the small quantity of drugs that were involved.

The waiver time seems to be the key issue - it would appear that it's difficult to work out how long it would take. But I do want to go the US in a year's time, so I'd better hurry up.

[Pinkpig]

Sounds like you are on top of everything. The timing thing is just a crapshoot.

[candyfloss]

Having looked at the relevant laws, I don't actually have to show hardship, because a. it's a single offence b. the length of time that has elapsed and c. the small quantity of drugs that were involved.

Methinks you are correct. I myself had priors (though not drug related) from 30 years ago and they were not even an issue at my recent (successful) AOS interview. The fact that in your case it was a 'drug' offence might change that however given the time period / amount then IMO it wont be a major barrier. One bit of advice I will give you and something that you will NEED to do is start the ball rolling on locating your court records. Because it was so long ago (like mine) the docs are likely not held on easily accessible data - they will need to be searched for manually by the staff at the local mag court that the case was heard at. Getting hold of mine was a nightmare (not helped because I had to do everything from the US) so yours shouldn't be as difficult HOWEVER it could still take some time.

What you will need to present ( waiver or not) is a certified copy of the court memorandum. This will list the actual charges / record of plea / conviction - sentence. Although you know it was less than half a gram this will need to verified by the court record - so make that phone call and get that under way :)

[Laura]

But the I-601 waiver requires the U.S. citizen to show hardship. If you need a waiver, you need to prove extreme hardship to your wife. If you don't need a waiver, that's another story...

I agree with Pinkpig - be flexible. Things might work out in a timeline that is convenient for you but be prepared that they will not as well. Immigration is not easy to predict.

[candyfloss]

But the I-601 waiver requires the U.S. citizen to show hardship. If you need a waiver, you need to prove extreme hardship to your wife. If you don't need a waiver, that's another story...

I agree with Pinkpig - be flexible. Things might work out in a timeline that is convenient for you but be prepared that they will not as well. Immigration is not easy to predict.

It was my understanding ( albeit limited :) ) that the I-601 in regards to criminal issues waiver required either proof of rehabilitation ( after a 15 year period) OR hardship to a USC spouse??

[notanymore]

candyfloss,

Yes, you're correct. I found the reference...

http://www.fourmilab.ch/uscode/8usc/www/t8-12-II-II-1182.html

And you do a search for 'marijuana'.

Provided the offence took place more than 15 years ago, one doesn't have to show extreme hardship. Though, I should nonetheless attempt to show hardship, to improve my case. The key thing is, that it's an 'OR' not an 'AND'!

[blueblue]

You're correct that the law is an "or" not an "and", in that after 15 years you only have to prove you are not a threat to society and have been rehabilitated. But, the decision is still very subjective.

In our situation, for the same conviction which was expunged in CA, over 15 years old. The law (9th circuit ruling) stated that this does not require a waiver. However, we were required to file one, it was subsequently denied, we filed an MTR which was denied and sent as a appeal. Finally, 2 years later (6 years in process in total) our appeal was dismissed at the AAO because no waiver was required!!

[notanymore]

blueblue,

Thanks for the reply. So... was the visa ultimately granted? You say the appeal was eventually thrown out because no waiver was required? I don't understand!

[blueblue]

Yes, the visa was issued after nearly 6 years. Chances are very likely that none of this is relevant to you, I only mention it because things can go very wrong and I wish I had known how wrong they could go when we started so that maybe we could have avoided some of the problems we ran into.

This is where having an attorney who knows your potential pitfalls and how to address and best present them can be a big help to direct you as problem free as possible. All the more important when you have a situation that is not 100% straightforward. Nothing is a guarantee of course, but the more informed you are the better you can address and correct any problems that come up.

[notanymore]

Yes, and one has to reduce the gamble by paying a lawyer $7000 to do the waiver. Very good thing I don't have to establish extreme hardship!

[MarianaV]

Hello,

My husband is in the same predicament. He was denied the visa in Feb. 2008 due to a minor drug conviction of possessing 1/15th of a gram of marijuana 18 years ago. Pretty ridiculous! We applied for our waiver in March and are still waiting. We did fill out a hardship letter EACH. Actually....my husband wrote one on his own and we sent off the application. It was returned the following day asking for a hardship letter from me as well! So I would expect you'd need to write one.

Good luck,

Mariana

[notanymore]

MarianaV,

The law seems to me to be pretty clear, that one doesn't necessarily need a hardship letter if the amount is below a certain threshold, it was over 15 years ago, and it was a single offence. There might be some individual discretion here - perhaps different officials reacting in different ways. Which is why I'd pay the $7000 for a lawyer. Are you going through London?

[douginguam]

The law ... pretty clear ... doesn't necessarily need a hardship letter ... amount ... threshold .... over 15 years ago ... single offence. There might be some individual discretion here - ... different officials reacting in different ways. Which is why I'd pay the lawyer....


notanymore - the only thing that seems certain in the immigration process is that available discretion can be used to make your life a hell hole - whatevever the law says. Too many people with straightforward problems have suffered. There are posts in I2US that make my skin crawl - some with huge lawyer fees paid as well.
I suggest you don't assume that the amount of money you pay can assure the result.
:go: Good luck !!! :go:

[MarianaV]

Hello,

Well that's interesting. We were told that a HSL was necessary and like I said, they returned our paperwork and wanted an EXTRA HSL from me. The drug amount was tiny. We have a letter from the Chief Magistrate stating the amount was worth no more than £5. It was a small amount and 18 years ago and they were quite clear about a HSL. Yes we filed in London. You'll find out if they want one or not. They'll let you know!! :blush:

Mariana