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  1. Your response was that there was no waiver to the drug use, but when I called the information center to immigration on October 1st. They stated to me that he was eligible for another appointment in two months, and that he was denied because of the drug use but that he would have to stay in Mexico for three years; as the punishment for the drug use. Now on October 19, 2009 I received a letter from immigration stating Section 212(a)(1)(A)(iv) to whom wishes to receive a visa whomever is an addict or has used drugs prohibited. You should be clean a minimum of three years. Please communicate with us at the Center of Information Visa after, and there is no date. Further down it states Other 3a gang affiliation. No wavier available. So I called and spoke with a person at the information center which at that time he stated to me that my husband could not continue with the case because of the gang affiliation. I stated to him that I called on October 1, 2009 and that person stated to me that he was eligible for another appointment in two months, and they never stated anything about the gang affiliation at that time. The person on the phone stated that the decision was made Sept. 14, 2009, and that it was the final decision. So why would they he was eligible for another appointment in two month on October 1, and on October 19, that he could no longer enter the United States, and if the decision was made on September 14, 2009, why all these different decisions in October? My husband and I are frustrated, they expect Mexicans to do the right thing and apply the right way and not cross to the United States illegally, but these are the consequences for do the right thing. So now what do we do? Can I appeal the case for false information, on there part? Where can I turn to now? I am struggling here with my three children and all we want is to bring our family together, the proper way; the legal way!!
  2. I have filed a petition for my husband since Nov. 2007, the wait has been long. My husband had his interview on July 1, 2009. At the time of the appointment he was asked to come back the following day to finish his interview. At both interviews he was asked about drug use, he was honest and told them that he did use, but that he has been clean for three years, they also focused on his tattoos, and was asked if he was in a gang. My husband stated to them that he wasn't in a gang, but that he did hang out with a few of his friends that lived around the barrio. Then he was told that he might have to ask for a pardon, because of him crossing illegally, but the officer said he didn't think so. He was told that he would receive information through DSL, and the paper would have instructions on what to do next. On July 9, 2009 we received a blue paper stating that he's case was still under process and to revise the Internet under CiudadJuarez.usconsulate.gov/visa for his case number, and in that they would give him following instructions. Until this date his case number has never showed up, and the process was supposed to only be 6 to 8 weeks, (let's do the math). On July 15, 2009 the American consulate send another letter stating that my husband had another appointment on Sept. 02, 2009, but this appoint was for a K3 visa that I had filled. I wrote them to ask them if we needed to go because he was already under process for his Green Card. The American consulate send another letter stating that it was an error on their part and he did not have to attend that appointment. Two days later I asked my husband to call and verify what was sent in the letter so that we did not get penalizes for not attending the appointment. He called and they told him the same thing that was on the letter, and at that time he asked what was going to happen in his case. The person stated for him to call on Oct. 1, 2009 to tell him what was going to happen. Which I did and they told me that he was denided because of the drug use, but that he was eligible for another appointment in two months. On Oct 19, 2009 they send me another letter stating that he was denided because of the drug use, and because of gang affiliation that had no waiver and that he would not be permitted to enter the United States because of the affiliation with gangs. My husband was never in a gang, just hung around the barrio, he has no criminal record in his city or in the United States. Can we Re-Appeal the case or start another one, and does double jeopardy render in such cases? If reappealed.
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