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  #1  
Old 13th November 2007, 08:56 PM
kai_valya kai_valya is offline
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Can Anyone Help Me? Weird situation

alright i'm a Canadian citizen. i used to have an f-1 student visa last year, but in sept 06 i was crossing the border (driving) was stopped by bp and they found a small amount of marijuana (<30g); i was never arrested or anything, but they took my student visa and told me to i had to get a visa waiver before i could get another one or cross. at this time i was returned to canada and started filing my paper work for my waiver. i also had a boyfriend in america (us citizen) and it was extremely hard for me to be away from him. any way after waitin over 6 months, i decide to take the chance of coming back into the US. i drove across the border, showed my i.d. and i was allowed to enter, i told him i was going to visit my boyfriend, the agent just looked at my id and let me enter. since then my b/f and i have gotten married and i don't want to leave. i was a student in the US for two years before the incident. my husband and i are prepared to get a lawyer, i just want to do some research on the avenues we should or would be following. An and all input is greatly appreciated.
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  #2  
Old 14th November 2007, 05:16 AM
godisgoodtome godisgoodtome is offline
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yes that is the first step, "GET A GOOD LAWYER" you will be fine if you just follow his or her advice.
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DO: Sanantonio, TX
08/10/2009: N400 Mailed to Lincoln, NE
09/14/2009: Recipt Date/Priority Date
09/14/2009: Notice Date
09/26/2009: NOA received
11/09/2009: IL received
11/12/2009: ID (Passed)
11/12/2009: Oath Letter
11/12/2009: Oath Date(completed)
XX/XX/2009: Passport Application Date
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  #3  
Old 14th November 2007, 06:32 AM
chocolat chocolat is offline
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You can find a list of Immigration Attorneys at www.aila.org
Good luck!
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06/29: Receipts received for I-485, I-765 and I-130
07/04: FP notice for 7/21
07/21: FP done for I-485 and I-765
08/31: EAD production ordered.
09/10: EAD approved
09/13: IL received
09/13: EAD received
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12/31: Card production ordered!!
01/09: GC received

LUDs: I-485 12/31, I-130 12/31 and I-765 09/10
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  #4  
Old 14th November 2007, 06:49 AM
Triple Citizen Triple Citizen is offline
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Harder than staying away from marijuana?

You need a competent lawyer, who specialises in waiver cases. Crossing the border with marijuana on you was your first mistake. When you were turned away and your student status revoked, something must have been entered in the system with regards to that. You were clearly told not to re-enter the US until a waiver is sought. However you attempted an entry and got back in. That was your second mistake. This too may very well work against you. I am not trying to scare you, but just pointing out potential pitfalls in your case. I wish you good luck!!!

Quote:
Originally Posted by kai_valya View Post
i also had a boyfriend in america (us citizen) and it was extremely hard for me to be away from him.
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**NOTE**
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  #5  
Old 14th November 2007, 07:13 AM
Al Southner Al Southner is offline
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Quote:
Originally Posted by kai_valya View Post
alright i'm a Canadian citizen. i used to have an f-1 student visa last year, but in sept 06 i was crossing the border (driving) was stopped by bp and they found a small amount of marijuana (<30g); i was never arrested or anything, but they took my student visa and told me to i had to get a visa waiver before i could get another one or cross. at this time i was returned to canada and started filing my paper work for my waiver. i also had a boyfriend in america (us citizen) and it was extremely hard for me to be away from him. any way after waitin over 6 months, i decide to take the chance of coming back into the US. i drove across the border, showed my i.d. and i was allowed to enter, i told him i was going to visit my boyfriend, the agent just looked at my id and let me enter. since then my b/f and i have gotten married and i don't want to leave. i was a student in the US for two years before the incident. my husband and i are prepared to get a lawyer, i just want to do some research on the avenues we should or would be following. An and all input is greatly appreciated.

I hope the other 30 ounce of marijuana you smoked was good and filled your lungs with a good luck charm to be busted by border patrol.... I would like to inquire if you ever crossed before with weed? In my limited knowledge of US laws, weed is outlawed, but for some reason, a Canadian citizen decides to carry it accross the US border?

A competent immigration lawyer should be consulted and I promise your case has the makings of a humdinger written all over it..... Since you made numerous violations, inform your lawyer of all those and hope for the best... marijuana use, even though never convicted in a court of law, raises the issue of moral turpitude... USCIS carefully vet all immigrants of use of controlled substance, but your brazen disregard for the law in this manner might come to undo you....
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Disclaimer: Spend couple of semesters at Columbia Law School, but this is not a legal advice, though my include a legal jargon.

So, consult a competent (NOTE: COMPETENT) immigration attorney (ONE REGISTERED WITH A BAR), not a drinking bar, but a law bar...
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  #6  
Old 14th November 2007, 08:57 AM
kai_valya kai_valya is offline
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actually they didn't find it on me, they found it in the car i think someone that i had been sharing a vehicle with left it there because it wasn't mine. any way i have never had any other problems crossing the border ever. I have never been in trouble with the law ever in my life. I am an upstanding person who contributes to american society, i was spending my tuition dollars here. and i am absolutely ready to file any paper work i need to in order to be legal because i want to finish my degree (<1 year left) which i would use to work in the US, but i want to wait in the US while its processing. please don't be mean to me, i know i have made some mistakes, but there is nothing i can do about that. 99% of the time my status was fine and now i wanna get it back there. please just give me your advice the best you can.
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  #7  
Old 14th November 2007, 09:14 AM
TheRealCanadian TheRealCanadian is offline
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The best advice has already been given - seek competent legal representation.
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IMPORTANT NOTE: I am a Volunteer Moderator - one of you. I am not a lawyer. So act accordingly.

PD: 9/12/2000 (EB3/VA/RIR/Canada)
I-140 RD: 12/22/2000
I-140 AD: 7/16/2001
RD: 8/28/2001
ND: 10/26/2001
FP1: 1/31/2002
RFE: 8/2/2002
RFE RD: 8/28/2002
TD: 10/22/2002
FP2: 6/19/2004
ID: 07/15/2004
AD: 07/15/2004
CO: 08/18/2004
CR: 08/23/2004
N-400 RD: 05/21/2009
FP: 06/13/2009
CFR: 08/05/2009
IL: 08/21/09
ID: 10/7/09
USC: 10/8/09
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  #8  
Old 14th November 2007, 09:35 AM
pville85 pville85 is offline
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Your situation is a bit tricky.But like the other members stated,I too believe you should seek a competent lawyer as soon as possible.Do your research don't just pick a "jack of all trades lawyer" as I call them.You know,the ones that practice accidents,divorce,and immigration all at once...Good luck though!

Last edited by pville85; 14th November 2007 at 09:42 AM.
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