it was a small drug related crime (possession of marijuana) 12 years ago when he was 19 years old. He's an upstanding citizen now and has never had anymore trouble. But I found out that a criminal record can disqualify a person from getting a green card and immigrating. Is this one of those cases or because it's so minor will they overlook it and allow us to marry and live in the U.S.? I REALLY need help and any info. you find i would appreciate!
2006-07-07 14:41:20 · 7 answers · asked by mira t 1 in Politics & Government ➔ Immigration
It actually depends on the amount of marijuana and the possible penalty (not the actual penalty, but the maximum allowed by local law). If he was convicted only of possession, not of trafficking, section 212a2 of the INA says:
((2) Criminal and related grounds.-
(A) Conviction of certain crimes.-
(i) In general.-Except as provided in clause (ii), any alien convicted of, or who admits having committed, or who admits committing acts which constitute the essential elements of-
(I) a crime involving moral turpitude (other than a purely political offense or an attempt or conspiracy to commit such a crime), or
(II) a violation of (or a conspiracy or attempt to violate) any law or regulation of a State, the United States, or a foreign country relating to a controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)), is inadmissible.
(ii) Exception.-Clause (i)(I) shall not apply to an alien who committed only one crime if-
(I) the crime was committed when the alien was under 18 years of age, and the crime was committed (and the alien released from any confinement to a prison or correctional institution imposed for the crime) more than 5 years before the date of application for a visa or other documentation and the date of application for admission to the United States, or
(II) the maximum penalty possible for the crime of which the alien was convicted (or which the alien admits having committed or of which the acts that the alien admits having committed constituted the essential elements) did not exceed imprisonment for one year and, if the alien was convicted of such crime, the alien was not sentenced to a term of imprisonment in excess of 6 months (regardless of the extent to which the sentence was ultimately executed).
Telephone the immigrant visa unit at your (or his) nearest US embassy or consulate, tell them the truth, and ask if his conviction will make him inadmissable, and if so, if there is the possibilty of a waiver. They will know exactly, and will tell you the truth. Then you'll know what to do, rather than worrying so much.
2006-07-07 16:55:18 · answer #1 · answered by dognhorsemom 7 · 0⤊ 0⤋
Ignore the people advising you to have your husband enter the US illegally. If caught, it will cause him serious problems. Contact the American Citizens Services section at the US Embassy in London, and ask an expert. They'll give you the best advise, and you won't have to pay an immigration lawyer.
However, based on the facts as you've presented them, it appears that your fiance could receive citizenship without difficulty.
2006-07-07 16:20:34 · answer #2 · answered by question guy 2 · 0⤊ 0⤋
We shouldn't yet we do... because we've a bunch of amateurs and do-gooders operating the teach... for sure. If we do not enable them contained in the first time we even supply them a 2d or 0.33 pass.... then they could even sneak in.... in spite of everything we do go away the door open inspite of the desirable efforts of customs , immigration, port & harbour authorities.... do not knock 'em on that score as they do the desirable they could with what they have.... yet once they're in then the human rights and legal experts take over and also you may't get rid.... as we glance run by Europe (and they don't favor them both) we get stuck with them.... once convicted we'd want to immediately deport them (and all their kin and kinfolk despatched back domicile as upload-ons... at our price if favor be.... gotta be more lower priced contained in the longer time period) to slightly of baron land deep in the coldest and maximum detrimental areas of the earth (ooops... do not imagine the persons in Alaska would favor them both.... what about Siberia then??... hmmmm sounds good to me...).... there might want to be someplace that we may be able to land them... in a reformatory equipped by the eurocrats (ideally by way of their personal fingers.... then they are going to declare expenditures for the worlds maximum severe priced hand cream and cleansing soap and towel and motel to domicile them and feed them even as they're there... if the genuinely take position it really is... properly lengthy sufficient to position a brick or pour some concrete... won't be able to get a lot finished in an hour notwithstanding)... what became the question back?
2016-11-30 20:12:22 · answer #3 · answered by ? 3 · 0⤊ 0⤋
Criminal Record Search Database : http://www.InfoSearchDetective.com/Official
2015-09-01 23:39:10 · answer #4 · answered by Val 1 · 0⤊ 0⤋
CAll your embassy and tell them about his offense, be very honest, because a lot of money is involved in filing and travel. Usually it is an issue, especially when drugs are involved. They will tell you whether it will affect the application process.....
2006-07-08 00:44:08 · answer #5 · answered by ? 5 · 0⤊ 0⤋
It could indeed keep him out, but with the way our immigration works, it would be easier to fly to Mexico, and walk into texas. Not only get to stay but get rewarded for it.
2006-07-07 14:56:02 · answer #6 · answered by Anonymous · 0⤊ 0⤋
Hey, they tried to kick John Lennon out of the US because of a "little" drug arrest. The other thing he could do would be to enter the US at the Mexican Border......no problemo!
2006-07-07 15:43:55 · answer #7 · answered by Anonymous · 0⤊ 0⤋
It could, he will need to speak with an immigration lawyer.
2006-07-07 15:23:54 · answer #8 · answered by Anonymous · 0⤊ 0⤋