I've been reading some of the topics about drug possession/convictions. I am consulting with an immigration attorney next week and I'd be interested in hearing anyone else's success or failures with this immigration issue. I've read a few threads on this topic and it seems remotely possible (maybe sliver of hope) to still get a CR1 visa but general consensus here seems to be that anyone with a drug possession conviction will be denied a visa. Most of the successes seem to come from the UK with "cautions" rather than convictions. I'll still roll the dice since there is no harm in trying.
Some background... My spouse is in Belarus. We were married in Dec 2015. She has a conviction for drug possession of bath salts and 1g of pot. This happened 3 years 11 months ago. At the time, her now ex-husband was being held for suspicion of distributing drugs. She had the bright idea to bring the drugs to the police and confess the drugs were hers to help her husband. The judge didn't believe that she was the drug dealer and she ended up getting probation for 6 months for possession because she confessed. Her ex-husband was convicted about 4 months later and received 7-8 years. Either way, it is on her record. She was also tested for drugs at the time of her arrest. She was clean. Her husband was also tested, he was positive.
Anyhow, I imagine I will get lots of advice from our attorney. I'm planning on having her get as much information about the judgement against her and her ex-husband as possible to see if it will tell a story from the judge's perspective.
When my spouse was convicted, bath salts were not regulated or illegal in the USA (someone correct me if I am wrong here). Anyone think that makes a difference? In Belarus, of course they had just passed the law in the month(s) prior. I wouldn't expect the when it became illegal in the USA to have any help to her visa process (read: denial), considering the law is the law. Plus I believe there might be generalities in the drug enforcement laws that might have covered these anyway.
Anyhow, I'd enjoy talking it out here if anyone is interested in chiming in.
And yes, I did know about the conviction but I read information about "moral turpitude" a few months ago and didn't think a drug possession charge was so serious. Sadly I think I was wrong but I would still marry her many times over. Not sure about living in Belarus though :)