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beckstew

Controlled Substances Inadmissibility

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Ok, here is the story in a nutshell. My husband is Canadian, I am the USC. We were married 11/2005 and we filed DCF Calgary 5/2006. My husband was convicted of posession of a controlled substance in 1995 when he was 19 and got a pardon in 2001. I understand that drug convictions are viewed very seriously but does it help us that he has been pardoned and that it has been 11 years since the offence? Does anybody have any experience with this? And does he have to say YES when asked if he has commited a crime involving controlled substances? This was NOT a trafficing charge, just simple small amount posession. Are we going to have to file a waiver?? Im lost, please help!!


11/26/05 married!!!!

5/8/06 I-130 filed at Calgary Consulate

5/8/06 I-130 approved!! YAY!!!

5/23/06 Received packet 3

5/24/06 Sent DS230 parts 1 and 2 to Montreal

5/24/06 Sent request for certified criminal record check to Ottawa

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Ok, here is the story in a nutshell. My husband is Canadian, I am the USC. We were married 11/2005 and we filed DCF Calgary 5/2006. My husband was convicted of posession of a controlled substance in 1995 when he was 19 and got a pardon in 2001. I understand that drug convictions are viewed very seriously but does it help us that he has been pardoned and that it has been 11 years since the offence? Does anybody have any experience with this? And does he have to say YES when asked if he has commited a crime involving controlled substances? This was NOT a trafficing charge, just simple small amount posession. Are we going to have to file a waiver?? Im lost, please help!!

The answer is Yes. But I think you know that.

Has he travelled to the US before without declaring it?

He will need a waiver.

It will help that it was so long ago, and if it is very minor, I believe it als helps to demonstrate Rehabilitation, courses attended etc.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Yeah I agree with Boiler. The US doesn't care that he was granted a pardon for his crimes. All the form ask is if you were convited. If he was charged and convicted he would need to answer yes on the form. I believe there is a waiver available to someone who has a possesion charge of less than 30 grams . Have a read through this http://travel.state.gov/visa/frvi/ineligib...ities_1364.html

Good luck

Baileyj


SHA ZAM!!! I-601 WAIVER APPROVED......10/13/06

11/18/06 Arrived

12/21/06 Filed for Social Security number

12/22/06 Married

01/03/2007 Social Security number arrived

01/10/07 Filed AOS

01/19/07 NOA1

02/05/07 Biometrics

2/6/07 Touch on EAD

02/07 Received RFE and returned information within 2 days

2/24/07 Transferred to California

2/26/07 Received letter (Transfer to California)

3/1/07 AOS email confirmation that case was received in California

3/2/07 AOS Touched again today but no update.

3/5/07 AOS another touch but no update.

4/5/07 EAD Touched again

4/9/07 EAD Touched.

4/10/07 EAD card ordered.

Removal of Conditions

6/8/2009 Sent I-751.

6/12/2009 Check Cashed

6/15/2009 NOA1 Received

6/25/2009 Received biometrics letter

7/13/2009 Biometrics appointment at Indianapolis Indiana

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Yes, he has traveled to the states but only after his pardon. He never tried to travel there after the conviction but before the pardon. The questions about his conviction never came up at his border crossings.

And yes, the conviction was less than 30 grams. We are going to be prepared at the interview with TONS of rehabilitation proof i.e. letters fomr employers stating long term employment, letters from professionals in the community confirming my husbands character, statements from landlord, banks and creditors showing financial responsibility etc etc etc. Maybe, just maybe with all of this we can avoid the whole waiver process. Keeping our fingers crossed!!


11/26/05 married!!!!

5/8/06 I-130 filed at Calgary Consulate

5/8/06 I-130 approved!! YAY!!!

5/23/06 Received packet 3

5/24/06 Sent DS230 parts 1 and 2 to Montreal

5/24/06 Sent request for certified criminal record check to Ottawa

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beckstew,

I hope that works for you. That is actually what the I-601 waiver is for. To submit all your proof of rehabilitation, charater letters and such. You might want to do a little more research and check into it some more. If you do, then there is another site called Immigrate2us.net. They have an I-601 waiver section that has lots of example letters and info. You could also post your question there and get some other opionions.

Good luck and best wishes,

Baileyj


SHA ZAM!!! I-601 WAIVER APPROVED......10/13/06

11/18/06 Arrived

12/21/06 Filed for Social Security number

12/22/06 Married

01/03/2007 Social Security number arrived

01/10/07 Filed AOS

01/19/07 NOA1

02/05/07 Biometrics

2/6/07 Touch on EAD

02/07 Received RFE and returned information within 2 days

2/24/07 Transferred to California

2/26/07 Received letter (Transfer to California)

3/1/07 AOS email confirmation that case was received in California

3/2/07 AOS Touched again today but no update.

3/5/07 AOS another touch but no update.

4/5/07 EAD Touched again

4/9/07 EAD Touched.

4/10/07 EAD card ordered.

Removal of Conditions

6/8/2009 Sent I-751.

6/12/2009 Check Cashed

6/15/2009 NOA1 Received

6/25/2009 Received biometrics letter

7/13/2009 Biometrics appointment at Indianapolis Indiana

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Yes, he has traveled to the states but only after his pardon. He never tried to travel there after the conviction but before the pardon. The questions about his conviction never came up at his border crossings.

And yes, the conviction was less than 30 grams. We are going to be prepared at the interview with TONS of rehabilitation proof i.e. letters fomr employers stating long term employment, letters from professionals in the community confirming my husbands character, statements from landlord, banks and creditors showing financial responsibility etc etc etc. Maybe, just maybe with all of this we can avoid the whole waiver process. Keeping our fingers crossed!!

With Canada I appreciate it is different, but it may well be a case not of them having to ask but him needing to declare.

It certainly is on the VWP.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Yes, he has traveled to the states but only after his pardon. He never tried to travel there after the conviction but before the pardon. The questions about his conviction never came up at his border crossings.

And yes, the conviction was less than 30 grams. We are going to be prepared at the interview with TONS of rehabilitation proof i.e. letters fomr employers stating long term employment, letters from professionals in the community confirming my husbands character, statements from landlord, banks and creditors showing financial responsibility etc etc etc. Maybe, just maybe with all of this we can avoid the whole waiver process. Keeping our fingers crossed!!

With Canada I appreciate it is different, but it may well be a case not of them having to ask but him needing to declare.

It certainly is on the VWP.

What is VWP?


11/26/05 married!!!!

5/8/06 I-130 filed at Calgary Consulate

5/8/06 I-130 approved!! YAY!!!

5/23/06 Received packet 3

5/24/06 Sent DS230 parts 1 and 2 to Montreal

5/24/06 Sent request for certified criminal record check to Ottawa

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Yeah I agree with Boiler. The US doesn't care that he was granted a pardon for his crimes. All the form ask is if you were convited. If he was charged and convicted he would need to answer yes on the form. I believe there is a waiver available to someone who has a possesion charge of less than 30 grams . Have a read through this http://travel.state.gov/visa/frvi/ineligib...ities_1364.html

Good luck

Baileyj

anyone have an updated link? the one above doesn't work

thanks


Married March 2003

Sept 30, 2005 mailed I-130 petition

October 3, 2006 USCIS received

October 6, 2005 NOA 1

November 2, 2005 NOA 2

November 20, 2005 Choice of Agent Sent by NVC

December 28, 2005 Choice of Agent sent by FedEx to NVC from JA

January 29, 2006 IV Application Fee Bill sent by NVC

March, 2006 IV Fee paid $380

April 3, 2006 Packet 3 sent by NVC

October, 2006 DS-230 part 1 and AOS sent to NVC

November 29, 2006 NVC informs of mistakes

December, 2006 corrections made and sent back to NVC

January 30, 2007 NVC completes case and forwards to Embassy in Kingston, Jamaica

July 18, 2007 per email from embassy interview set for September 6th, 2007 @ 7am

July 26, 2007 husband gets pre blood tested for marijuana ~ CLEAN!

July 27, 2007 per phone call to to Visa Office in DC interview set for September 4, 2007

July 30, 2007 email from Consular confirms new interview date of September 4, 2007 @ 12:30 p.m.

August 3, 2007 husband picks up packet 4 from post office

August 4 & 6 2007 I receive packet 4 in the mail

August 22, 2007 Medical (rescheduled due to Dean)

September 4, 2007 Interview DENIED (tested positive for marijuana and banned three years)

April 3, 2009 Divorce Final

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http://travel.state.gov/visa/frvi/ineligib...ities_1364.html

Classes of Aliens Ineligible to Receive Visas

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).

B) Multiple criminal convictions.-Any alien convicted of 2 or more offenses (other than purely political offenses), regardless of whether the conviction was in a single trial or whether the offenses arose from a single scheme of misconduct and regardless of whether the offenses involved moral turpitude, for which the aggregate sentences to confinement were 5 years or more is inadmissible.

© CONTROLLED SUBSTANCE TRAFFICKERS- Any alien who the consular officer or the Attorney General knows or has reason to believe--

(i) is or has been an illicit trafficker in any controlled substance or in any listed chemical (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)), or is or has been a knowing aider, abettor, assister, conspirator, or colluder with others in the illicit trafficking in any such controlled or listed substance or chemical, or endeavored to do so; or

(ii) is the spouse, son, or daughter of an alien inadmissible under clause (i), has, within the previous 5 years, obtained any financial or other benefit from the illicit activity of that alien, and knew or reasonably should have known that the financial or other benefit was the product of such illicit activity, is inadmissible.

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