K1 - Arrest record - Possibility or Immediate Denial ?

[John Petrocelli 0]

In thailand, you can get arrested for playing cards at a friends house. I have a friend that is applying for K1 visa whose girlfriend 6 years ago was driving a motor bike and pulled over. Her friend had a small quantity of drugs on her, but they were both arrested. From what I read, this is an immediate denial. Any information someone dealing with the same issue or resources I can pass on to my friend? thanks in advance.

[canadian_wife 1,785]

Playing cards and driving around with narcotics are two different things.

 

What matters is what type of narcotics and what was the exact charge of the girlfriend?

 

Good luck 

[John Petrocelli 0]

1 minute ago, canadian_wife said:

Playing cards and driving around with narcotics are two different things.

 

What matters is what type of narcotics and what was the exact charge of the girlfriend?

 

Good luck 

Thank you ....

 

 

[nightingalejules 678]

Yes, depending on the charge, and whether or not it resulted in a conviction, this may or may not be possible to overcome. Your friend should probably enlist the services of a lawyer. VisaJourney is a great source of advice for people with uncomplicated applications, but drug-related charges of any kind make their case very complicated, indeed, with the potential need for waivers, pardons, etc etc etc.

Not really something we laypeople can give reliable advice on.

[Going through 5,668]

2 hours ago, John Petrocelli said:

Any information someone dealing with the same issue or resources I can pass on to my friend?

Without more pertinent details, hard to give proper advice.

 

Did she appear before a judge?  What was the official charge (possession or intent to sell)?  What was the final disposition in her case?  

What kind of drug?  What was the amount?

Edited January 6, 2018 by Going through

[John Petrocelli 0]

The story as I was told is, my friend's fiance was charged even though the drug was not on her possession. The girl she was giving a lift to, on her motorbike had a small amount on her (personal use). But the girl (finance of my friend) was charged (because it was her motorbike) and given 2 years, which turned into 6 months and without serving any time at all, she was released on her own with two years probation (this is as I understand it) because his fiance had no record and her record has been clean since. Supposedly this incident happened 7 years ago. It was a small personal amount of whatever speed was available in Thailand at the time. OF course, I may not be relaying the story accurately because of the language barrier and don't have more than this snapshot of the facts relayed in broken english. IF his finance was to wait another 3 years, supposedly after 10 years, your record is wiped clean. Another story going around Thailand, is that with the  installation of the new king, any minor offenses will be wiped clean in the New Year. Of course, this is Thailand and with the current state of affairs, especially with immigration in America, I told him, he had better look to move to Thailand if he wants to marry her, because I doubt she is ever going to get an American K1 Visa

[Lemonslice 4,549]

46 minutes ago, John Petrocelli said:

The story as I was told is, my friend's fiance was charged even though the drug was not on her possession. The girl she was giving a lift to, on her motorbike had a small amount on her (personal use). But the girl (finance of my friend) was charged (because it was her motorbike) and given 2 years, which turned into 6 months and without serving any time at all, she was released on her own with two years probation (this is as I understand it) because his fiance had no record and her record has been clean since. Supposedly this incident happened 7 years ago. It was a small personal amount of whatever speed was available in Thailand at the time. OF course, I may not be relaying the story accurately because of the language barrier and don't have more than this snapshot of the facts relayed in broken english. IF his finance was to wait another 3 years, supposedly after 10 years, your record is wiped clean. Another story going around Thailand, is that with the  installation of the new king, any minor offenses will be wiped clean in the New Year. Of course, this is Thailand and with the current state of affairs, especially with immigration in America, I told him, he had better look to move to Thailand if he wants to marry her, because I doubt she is ever going to get an American K1 Visa

Whatever pardon would be granted in Thailand would not have an effect on her US immigration - she will still need to disclose her arrest. 

First step would be to request her record and have it translated, so she can get proper advice from a lawyer. 

[JFH 12,189]

*~*~*moved from "IMBRA topics" to "process and procedures" as this is not IMBRA-related because the beneficiary has a criminal record, not the petitioner*~*~*

[JFH 12,189]

I would recommend your friend signs up for his own account. Too many stories get twisted and mixed up when posted by third parties. 

[Redheadguy03 505]

If it's for drugs that's pretty hard to get past. 

[Paul & Marina 53]

Lemonslice "First step would be to request her record and have it translated, so she can get proper advice from a lawyer".  You are spot-on, let's know officially what the records say to define problem. 

[caliliving 606]

You need to know exact details but speed drug conviction is a denial. 

[TNJ17 1,329]

Drugs are a big red flag for immigration. Without knowing any of the story, and I’m sorry but your relay of the story is pretty confusing and not informational at all due to many facts, there is nothing other than “your friend needs a lawyer” that we can say. 

 

Now, I do have one piece of advice about getting a lawyer: get an immigration lawyer who has done cases from the country at stake here. Because this will not be an easy case even for just any immigration lawyer. They need to be a lawyer who has experience with Thailand criminal laws, because then they would know exactly what to do. Tell them to take their time shopping around for a lawyer for this. It is also gonna be very expensive so be sure to tell them to be prepared for that. 

[Boiler 43,392]

17 hours ago, JFH said:

I would recommend your friend signs up for his own account. Too many stories get twisted and mixed up when posted by third parties. 

I second this details matter.

 

Also not sure where the cards come in, did she win the drugs in a card game?