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Author Topic: Not sure if this is the right place, but I am desparate...  (Read 259 times)
angelique08
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Posts: 4
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« on: January 15, 2012, 01:23:14 pm »

I am an American citizen. I met my Canadian husband online in 2008. I went to visit my then-boyfriend in Canada in November 2008. I was denied entry due to 8 yr old criminal record. I was a bit more naive then and tried to enter again at a different port of entry a few days later where i was given an exclusion order. I stayed put and my husband came to visit me visit me in the U.S. After a few weeks, he went back to Canada and I jumped the border and took a bus up to him. We've lived together and got married in Canada in November of 2011. Last week, the RCMP came to my door and I ended up being arrested and eventually deported back to the U.S. My husband has just today come to try to visit me here and was denied entry to the U.S. for a 30 yr old conviction. I find it strange because he had been in the states several times since then and this has never come up. The CBP gave him a waiver form and he's going back to his home now. I am utterly devastated and needed any info I can get. I try the government sites but they just don't make any sense to me. Can anyone explain to me what I can do, here in the states to help him? I haven't any money and I am stranded as he was supporting me in Canada. Please help! Like I said, I am desparate.  Cry Or if anyone could at least point me in the right direction of where i could get some answers, that would be much appreciated as well.
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scylla
VIP Member
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Posts: 4150
Ratings: +106
Category........: FAM
Visa Office......: Buffalo
App. Filed.......: 28-05-2010
AOR Received.: 19-08-2010
File Transfer...: 28-06-2010
Passport Req..: 01-10-2010
VISA ISSUED...: 05-10-2010
LANDED..........: 05-10-2010

« Reply #1 on: January 15, 2012, 01:46:01 pm »

Given the complexity of your situation, I think it's time you speak with a couple of lawyers (one for the challenges your husband is facing entering the US and one who can review your situation in Canada).

Hopefully someone here can suggest a good Canadian lawyer to speak with.

As for the US, I would recommend you visit the following US immigration forum and post a message on the "Introduce yourself" section of the forum. Include as many details as possible - including the details of exactly what your husband was charged with. Here's the link:

http://immigrate2us.net/forum/forumdisplay.php?52-Introduce-yourself
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angelique08
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Posts: 4
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« Reply #2 on: January 15, 2012, 06:43:38 pm »

Thank you scylla! I registered on that site but am unable to post for some reason. I will try again later. As for me going back to Canada, I think that will take alot more time. The CBSA officer who gave me the deportation order said I needed to apply for an ARC. I haven't the money for a lawyer but was hoping someone here could tell me a little bit about that process. Am only trying to figure out what would be the less lengthy of the 2 -him coming to the U.S. or me returning to Canada. And by the way, his charge was for half a marijuana joint back when he was 19. His sentence was suspended. Thanks again.
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scylla
VIP Member
*******

Posts: 4150
Ratings: +106
Category........: FAM
Visa Office......: Buffalo
App. Filed.......: 28-05-2010
AOR Received.: 19-08-2010
File Transfer...: 28-06-2010
Passport Req..: 01-10-2010
VISA ISSUED...: 05-10-2010
LANDED..........: 05-10-2010

« Reply #3 on: January 15, 2012, 07:13:45 pm »

I was wondering if it was a drug charge. The US takes an extremely hard line with those (even marijuana). The key is how much marijuana he was charged with having. If it was 30 grams or less, then that's regarded as simple possession and can be overcome. If it was more than 30 grams (even by one gram), that's a great deal more serious and it means he's inadmissible to the US for life with no change of a waiver. (I know - harsh.)

Anyway, the people who post to the US immigration forum that I gave you will definitely be able to help and not only provide you with the names of good lawyers - but also give you a realistic idea of how easily it will be to overcome the problems your husband is facing.

If there's any way you can find out how much marijuana your husband was charged with possessing - that will help the people on the US forum give you the most accurate information about your situation. It sounds like he should have been charged with having less than 30 grams, but it's very important that he confirm since it was so long ago.

Good luck.
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