Is It True

[wjr 3]

I remember about a Pastor who was convicted on a drug charge and he said that you are allowed one "conviction" to still be eligible for the visa but need to do a waiver. But then I found this on a Lawyer Website:

Drug traffickers are ineligible for a visa, even if there has been "no conviction", as long as the consular or immigration officer knows or has reason to believe that the visa applicant has been involved in trafficking.

So which one is it, or has the law changed??

What if it was a matter of being in the wrong place at the wrong time (twice) and each incident was not singling out just one person but took a few who were around the "vacinity" of where someone threw drugs on the ground. Also, One incident the person was seen by a judge and Not sure but believe was not charged with anything, and the second time was never seen by a judge was just taken down to the PD. Both incidents the police told the person that "#######'s Nothing Personal". The person NEVER had any jail time except a few days to wait and see the judge the first time, but was never sentenced from either incidents.

[AUBGER 0]

It depends on how good a lawyer is and how good he can twist the story. They have a special talent for that and milk a lot of money too. One can probably commit bloody murder and still be given a visa with a TALENTED lawyer

[mox 298]

You're posing a lot of "what if" questions. Why don't you tell us exactly what the circumstances of this person are so we know exactly what we're dealing with.

[AUBGER 0]

You're posing a lot of "what if" questions. Why don't you tell us exactly what the circumstances of this person are so we know exactly what we're dealing with.

I was actually thinking of that. Sounds pretty...vague... let's call it, doesn't it?

and and yes..."S Novim Godom"!!!

[sarah and hicham 3]

You're posing a lot of "what if" questions. Why don't you tell us exactly what the circumstances of this person are so we know exactly what we're dealing with.

Why do you need the details of this person's situation? They obviously don't want to share it and that's probably because the question is about drugs. A what if situation is fine if the OP doesn't want to share details.

[wjr 3]

You're posing a lot of "what if" questions. Why don't you tell us exactly what the circumstances of this person are so we know exactly what we're dealing with.

Well I can only tell you what I know, sorry it was not in detail, but here is what I know. My Friend's SO was stopped 2 times, both with they think was Suspicion of Drugs. Once incident was when the SO went to the store and there were a bunch of people standing outside, when the SO started to leave he was caught in the crowd coming out and the police showed up and found drugs on the ground some where in the mix of the crowd. Police took a few people down including the SO. Other incident not sure, but believe it was along the same situation. Crowd of people was leaving from where ever he was and police showed up, took few people in again and that was that. I do not know the rest of the details. How ever I do know the SO seen a judge once and paid a lawyer and lawyer questioned the police as to whether or not they found drugs on him they said no but it was in the vacinity of the crowd on the ground and they only took a few. The second time the SO did not see any judge only was taken to the PD and then released. This all happened within the last year. Other than this I don't have much more info.

[AUBGER 0]

I don't see a problem as long as there is no conviction. If his Police certificate comes clean, the case for the visa is clean. He just has to shut up about it and mind his own business

If he has a conviction that will show up on his police certificate. The chances of getting a visa after that are slim to none

[JeffnBhing 0]

this does NOT sound good at all. I think the best thing to do in this situation is have the SO's attorney write a signed letter explaining the circumstances. This will not please the consulate unless at least a letter is there for them to review. The counsulates are usually strict so be safe before sorry.

[mox 298]

You're posing a lot of "what if" questions. Why don't you tell us exactly what the circumstances of this person are so we know exactly what we're dealing with.

Well I can only tell you what I know, sorry it was not in detail, but here is what I know. My Friend's SO was stopped 2 times, both with they think was Suspicion of Drugs. Once incident was when the SO went to the store and there were a bunch of people standing outside, when the SO started to leave he was caught in the crowd coming out and the police showed up and found drugs on the ground some where in the mix of the crowd. Police took a few people down including the SO. Other incident not sure, but believe it was along the same situation. Crowd of people was leaving from where ever he was and police showed up, took few people in again and that was that. I do not know the rest of the details. How ever I do know the SO seen a judge once and paid a lawyer and lawyer questioned the police as to whether or not they found drugs on him they said no but it was in the vacinity of the crowd on the ground and they only took a few. The second time the SO did not see any judge only was taken to the PD and then released. This all happened within the last year. Other than this I don't have much more info.

Not knowing how the laws work in the DR, a couple questions:

1) Was there a conviction?

2) Will either or both of these incidences show up on a police report?

[missing.my2angels 0]

But the person in question from what I can see has not been done for Trafficking which understandably is not going to be seen with glee by USCIS. He has been arrested or whatever for possession or at most supplying in his own country so this is completely different to Trafficking.

[wjr 3]

You're posing a lot of "what if" questions. Why don't you tell us exactly what the circumstances of this person are so we know exactly what we're dealing with.

Well I can only tell you what I know, sorry it was not in detail, but here is what I know. My Friend's SO was stopped 2 times, both with they think was Suspicion of Drugs. Once incident was when the SO went to the store and there were a bunch of people standing outside, when the SO started to leave he was caught in the crowd coming out and the police showed up and found drugs on the ground some where in the mix of the crowd. Police took a few people down including the SO. Other incident not sure, but believe it was along the same situation. Crowd of people was leaving from where ever he was and police showed up, took few people in again and that was that. I do not know the rest of the details. How ever I do know the SO seen a judge once and paid a lawyer and lawyer questioned the police as to whether or not they found drugs on him they said no but it was in the vacinity of the crowd on the ground and they only took a few. The second time the SO did not see any judge only was taken to the PD and then released. This all happened within the last year. Other than this I don't have much more info.

Not knowing how the laws work in the DR, a couple questions:

1) Was there a conviction?

2) Will either or both of these incidences show up on a police report?

She says that he does not think he was charged with anything because they let him go, and they have done Police certificates and all were clean. One of the Police Certificates (if I am not mistaken) was done just this month. There was never anything "ON" him at the time of the incidents. In fact, I believe she said that the second time the drugs were on the floor in (?) the enterance way or near (?) the entrance way, of the place he was. I told her she has nothing to worry about as long as that Police Certificate is clean. Keep in mind also, both times "NOTHING" was found on him it was on the floor in the crowd, and the way it sounds one of the times it was not even close to him.

Edited January 6, 2008 by wjr

[Laurence+Lauren 0]

"A police certificate must also be obtained from the police authorities of any place where the applicant has been arrested for any reason" - Page 2 of the Pack 3.

These incidents will need to be declared, and in my opinion, a lawyer will need to 'twist the story' as AUBGER said. If the SO is indeed innocent, I hope this doesn't harm their application. It would be really sucky to have your future plans destroyed by a crime you didn't commit.

[rebeccajo 14]

Trafficking and possession are viewed very differently by USCIS. Those persons charged with trafficking are barred for life from entering the US.

If a person has ever been arrested, that will show on the report. If there is nothing there, there was never an arrest. That does not, however, mean that when queried at the consular window about past brushes with the law, that the beneficiary can simply answer 'none'.

I'm moving this over to the Waivers forum where it can get receive discussion from those who are better versed on the topic.

[emt103c 10]

I agree that it will need to be declared and that the safest thing to do is have a notarized explanation from the attorney. Also, name checks don't always show everything and sometimes the FBI check that they run off your fingerprints will show the arrests, even if they do not show up on the police cert that you pick up, since mostly convictions and not necessarily arrests show up there.

As for the difference between the "suspicion of possession" and "trafficking" (sp?) that you mentioned is HUGE!

[rebeccajo 14]

I agree that it will need to be declared and that the safest thing to do is have a notarized explanation from the attorney. Also, name checks don't always show everything and sometimes the FBI check that they run off your fingerprints will show the arrests, even if they do not show up on the police cert that you pick up, since mostly convictions and not necessarily arrests show up there.

As for the difference between the "suspicion of possession" and "trafficking" (sp?) that you mentioned is HUGE!

The FBI namecheck is only going to reveal US charges.

An arrest will show. If there's a subsequent conviction that will show. If there was no conviction, the court record will be necessary to show the nature of the disposition of the charges.