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Cazalopez

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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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A K-3 visa is filed for a foreign spouse who is in the foreign country to try to join the citizen spouse here to wait for the approval of the I-130 that is pending, so I assume your husband is in Mexico currently. It appears that the I-130 has already been approved and that's why he had the green card interview at the consulate in lieu of the mistaken K-3 interview that you didn't have to go to.

In any event, perhaps the gang affiliation could be disputed but it's the drug use that he admitted to using that will prevent him from being admitted to the U.S. It doesn't matter that he's been cleaned for three years. If the I-130 has been or will be approved, he could try applying again but without any evidence disputing the drug use (which he admitted), it seems to be a waste of time (or would require enormous money and resources to fight the case). There's no appeal. This has nothing to do with double jeopardy since this is not a criminal case.

An attorney would have to consult with you to see what, if anything, can be done, since the facts are sketchy here.

Larry L. Doan, Esq.

Be sure to visit our blog - http://GuruImmigration.wordpress.com

www.GuruImmigration.com (click on Contact Us)

Note: The above response is provided for legal information only and should

not be construed as legal advice, nor to create an attorney-client

relationship, which can only be established through payment of

consideration. We do not offer free advice except for the information provided herein on FindLaw Answers which has

been screened. If follow-up advice on your specific situation is

desired, please visit our blog site

http://GuruImmigration.wordpress.com for more details.

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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!!

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You're right. I meant a drug conviction has no waiver. In any case, you should retain an immigration attorney who does this stuff everyday to

represent you. This kind of is hard enough and to try to explain

every little step of correspondence with them (when the professional does it automatically for his living), is just too hard. You need the attorney's expertise in presenting evidence to advocate your position: just saying "I've been clean for 3 years" is not proof of being clean. That's just an unsubstantiated statement.

Larry L. Doan, Esq.

Be sure to visit our blog - http://GuruImmigration.wordpress.com

www.GuruImmigration.com (click on Contact Us)

Note: The above response is provided for legal information only and should

not be construed as legal advice, nor to create an attorney-client

relationship, which can only be established through payment of

consideration. We do not offer free advice except for the information provided herein on FindLaw Answers which has

been screened. If follow-up advice on your specific situation is

desired, please visit our blog site

http://GuruImmigration.wordpress.com for more details.

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