Green Card - I-485 Denied on grounds of inadmissibility. Form 601 Requested

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immigr8toUS

New Member
Hello everyone,

I have the following dilemma, and would appreciate any kind of advice on this.

I was charged with possession of marijuana (< 1 gram) in 2001, while I was a student at university (student visa). I married my long time girlfriend in March 2006, at which time I filed for I-485. Recently I received a letter from immigration denying the I-485, and stating that I must file the I-601 which states that I must prove that my inadmissibility will cause extreme hardship to my spouse or relative. I have no grounds to prove extreme hardship other then the obvious reasons.

My lawyer says that I might not have to file the I-601 as I do not fill the criteria for inadmissibility as my possession charge was for <30g. He says that he will try to get the USCIS officer in charge of my case to reconsider the request for I-601.

I am wondering how probable it is that they will reconsider this request, and what options I have if they do not. Do I have a case to make in Immigration Court if this request is denied.

Thank You in advance
 
If your lawyer wants to take a shot at it, definitely trust his experience.

I really think they just found this excuse to put an obstacle on your way.

Sadly the reality is USCIS often does not play by their own rules(laws), they malliciously and purposely omit to be accurate in term of applying the law and specific regulation inorder to hinder your process, so let your lawyer take care of this and dont be discouraged by their misarable attempts to put you down, I dont think you would endup going to court but if you do, just know that they have always lost and will always lose those type of cases in court of law. :)

Bottom line is: they cant remove you from the country but they are just bothering you so be strong, patient and dont panic, you will win at the end ;)
 
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I very much appreciate your response :) However, I would like to get some more detailed information. As to what I or my lawyer can do to get them to change their mind about me having to file the 601. Or if I am forced to file this form, will I have a case to make in immigration court, as I am certain that the 601 waiver will be denied as we cannot prove extreme hardship.

Can they deny my application, based on this one mistake that I made as a young adult. If we are forced to leave the country it will be devastating to my family. Especially my wife who is a US citizen
 
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