Big problem, please help

[mflores 0]

Hi all,

I'm brand new here. I just found the site, I wish I searched for help a lot sooner! Seems like everything that I need to know I can find here. I've got a big problem and I need help. Here is my situation:

I've filed the I-130 for my wife. She's living in the Phillipines and I am here in San Diego. I just returned home after spending three weeks with her. During this time, we worked on filling out her DS-230 forms. This is where my worrying occurs.

10 years ago when my wife was 18 years of age, she and a group of her young college friends were arrested and charged with possesion of marijuana. On the DS-230 form Part II, it states "Aliens with the following classifications are ineligible to receive a Visa" Under this section it asks if she violated any law related to a controlled substance.

Okay, we have obtained her police certificate stating that she's not wanted by the government.

What can we do? What happens if I check "no" for the above question? Will they find out that she has this conviction? Would we be able to get the interview stage? I thought maybe I could get on my knees and beg them and plead to them about this being her only offense and being 10 years ago and that I've never been in trouble with the law.

I'm guessing if she checks "Yes" then it's an automatic denial of her Visa. And that really scares us. We've been married for two years now. I've been to the Phillipines 8 times since we've been married. We both love each other dearly and want to start our lives together here in the USA.

I don't see anything wrong with the possesion of marijuana, I guess so many people in the USA have tried it some time in their life. It was 10 years ago and her record has been clean since.

I want to check "No" but I don't want it to get us into more trouble.

Would it help to hire a lawyer? I don't have much money for this, but I've been wondering if a lawyer could help with this situation?

Can you please give me some advice. I'm desperate for help.

Thank you kindly.

Sincerely,

Mark

[canadian_wife 1,795]

Well, you cannot check NO. that would be misrepresentation and a ban from the US - really hard to undo a misrep charge...they don't play. Trust me, when it comes to arrests...they already know about it. They have WAY more sophisticated programs than a simply lay-person has when it comes to background checks - hasn't it come up on her police check anyway?

So checking 'no' isn't an option for you

It isn't an automatic denial since it was more than 3 years ago (I probably shouldn't write that but I remember reading that somewhere on a Laural Scott chat transcript)

A lawyer can't erase the arrest and charge, no will they advise you to check NO.

Laural Scott (previously mentioned) offers free chats on Wednesdays. She won't advise you to lie, but she can help you understand better your chances and what to expect. find her at scottimmigration.net

Good luck

[mflores 0]

Thanks for the quick reply.

And thanks for the scottimmigration link. I'll try to make it to one of her chat sessions.

I know my wife only "experimented" with marijuana while in college, unfortunately, she was arrested for possesion. What do you think will happen when we check the "Yes" box on the DS-230 form. Will we even get a chance for the medical exam and interview? Or do you think they'll see that and automatically deny her?

I'll try to ask Laurel Scott this question, but do you think the "Yes" is grounds for an automatic denial?

Thanks again,

Mark

[NigeriaorBust 4,087]

Checking YES may cause a delay in your being together , checking NO may keep her out of the US forever. They will know about the charge and if you lie then she will never be able to come. If you check yes they will check at medical if it is a thing of the past.

[Leatherneck 693]

Thanks for the quick reply.

And thanks for the scottimmigration link. I'll try to make it to one of her chat sessions.

I know my wife only "experimented" with marijuana while in college, unfortunately, she was arrested for possesion. What do you think will happen when we check the "Yes" box on the DS-230 form. Will we even get a chance for the medical exam and interview? Or do you think they'll see that and automatically deny her?

I'll try to ask Laurel Scott this question, but do you think the "Yes" is grounds for an automatic denial?

Thanks again,

Mark

Hey Mark,

I would advice not to even consider checking "NO" they will find that arrest in her background. You do not want to risk a total ban for "misrepresentation."

I too agree with you about marijuana, it is just silly how gov't impact peoples lives because of a plant. No problem if you get drunk, but if you wanna get high....oh no, that is big NO NO!

[Harsh_77 716]

Here is it how it works, the police cleareance she obtained only says that there are no outstanding warrants againt her and she is ok to travel (leave the country).

It will not talk about past arrest records or anything else, which means a person could have been arrested, could have been to jail etc.

The clearance only says whtever happen in the past, this person has taken care of it as per the law of the country.

In the check box you should correctly represent she was arrested, as if the consulate runs the check the arrest would show up and if they have this information at time f her interview it would be considered mis-representation and something like arrest or prior convication are held highly against the person.

At the interview if she is asked about it, she can explain what happen.

[Me and my wife 9]

Hello, I think you might want to write a seperate letter stating that your wife has possessed a marajuana a long time back (10 years back). Let her write a letter expressing grief and feel sorry for her act. She might want to state that how stupid she was just even trying. She has learned the lesson and emphaisize that she will never do any stupid decision like that again in future. You can get another letter from police that she has not been involved in marajuana after the 1st incident (if possible) and has been responsible citizen. Everyone makes the mistake but does not believe one should be punished forever. If you can, get the lawyer (it does not cost a lot as we think, just get a few hour session and take advice from him and you will get help in this forum for the rest). Your wife deserve the second chance. Your wife was not involved in drug like coccaine or she was not involved in selling drug too. I think people should understand that you are us citizen and it is not fair for both of you to live seperately forever. Just be sensitive and appolgize for what she did in the past and also show that she is a respectful citizen now. Best of luck.

[Dakine 26]

Thanks for the quick reply.

And thanks for the scottimmigration link. I'll try to make it to one of her chat sessions.

I know my wife only "experimented" with marijuana while in college, unfortunately, she was arrested for possesion. What do you think will happen when we check the "Yes" box on the DS-230 form. Will we even get a chance for the medical exam and interview? Or do you think they'll see that and automatically deny her?

I'll try to ask Laurel Scott this question, but do you think the "Yes" is grounds for an automatic denial?

Thanks again,

Mark

In the past she would have been denied a visa however I've seen where things have changed and the problem can be overcome if done correctly. How that is I don't know. Call your senator/congressman. If they have a immigration specialist as my senator does they should be able to guide you. Good lawyer also. It's NOT going to be a cake walk.

[Dakine 26]

Thanks for the quick reply.

And thanks for the scottimmigration link. I'll try to make it to one of her chat sessions.

I know my wife only "experimented" with marijuana while in college, unfortunately, she was arrested for possesion. What do you think will happen when we check the "Yes" box on the DS-230 form. Will we even get a chance for the medical exam and interview? Or do you think they'll see that and automatically deny her?

I'll try to ask Laurel Scott this question, but do you think the "Yes" is grounds for an automatic denial?

Thanks again,

Mark

Also did she already get NBI clearance? If not have her apply for such and see what "comes up". She "may" have another problem to overcome.

Edited March 24, 2011 by Dakine

[sjr09 155]

In the past she would have been denied a visa however I've seen where things have changed and the problem can be overcome if done correctly. How that is I don't know. Call your senator/congressman. If they have a immigration specialist as my senator does they should be able to guide you. Good lawyer also. It's NOT going to be a cake walk.

Also did she already get NBI clearance? If not have her apply for such and see what "comes up". She "may" have another problem to overcome.

Dakine makes very good points

The most common reasons people are denied green cards 'Criminal Convictions', Specifically Drug-Related Criminal Conviction

Drug traffickers, drug addicts and drug abusers will be denied a green card. It is wise to always be honest about issues such as drug use even though it may have a negative impact on your application. Lying on your immigration documents can lead to removal. A finding of drug abuse or drug addiction can be waived if you can prove that you have been rehabilitated or have participated in a rehabilitation program

Certain crimes will lead to automatic denial of a green card. Crimes like murder or other aggravated felonies are reasons for denial. Immigration official are also allowed to deny a green card to anyone who might pose a security risk. It is up to immigration officials to define that subjective ground for denial. Get a good lawyer

[mflores 0]

Thanks all for your replies. I feel a little better about our situation. I'll definitely check "Yes". I like the idea of having my wife write a letter stating that it was a thing of the past and that she feels regret for what she did.

What happens when we get the interview and they see she has the conviction? Will they automatically delay her visa approval? Will we automatically have to file a waiver? Is it possible they'll see that it was an experimental thing that happened 10 years ago and issue us her visa?

I'd really like to hire a lawyer but I can't afford it at this time.

Thanks again everyone for your comments. I'll keep researching here on visajourney. It's a wealth of info!

Sincerely,

Mark

[maya62 7]

I like the idea of having my wife write a letter stating that it was a thing of the past and that she feels regret for what she did.

I like the idea of you BOTH writing letters about her offense. That shows not only is she being honest with the immigration authorities, she has also been honest with you, you are comfortable with what has happened, and you support and love her despite her past transgression, and you are confirming that it is, in fact, in the past. You are the USC... imho your input and support is important, too.

I think it is great that you've made 8 trips back and forth... I would include as much documentation of that as well... especially photos of you together and copies of boarding passes and passport stamps.

I hope the folks who are saying that "times have changed" and it isn't as big a deal as it once was are correct. It would be such a silly reason for denial or delay. Best of luck.

Maya

[sjr09 155]

I like the idea of you BOTH writing letters about her offense. That shows not only is she being honest with the immigration authorities, she has also been honest with you, you are comfortable with what has happened, and you support and love her despite her past transgression, and you are confirming that it is, in fact, in the past. You are the USC... imho your input and support is important, too.

I think it is great that you've made 8 trips back and forth... I would include as much documentation of that as well... especially photos of you together and copies of boarding passes and passport stamps.

I hope the folks who are saying that "times have changed" and it isn't as big a deal as it once was are correct. It would be such a silly reason for denial or delay. Best of luck.

Maya

Times have changed 'some what' but it is a big deal and a reason for denial. I have seen denials for some who only admitted being around pot and had no criminal conviction, it's crapshoot. OP get her NBI then consult with a good immigration lawyer who is well qualified in waiver/application, be well-prepared. If needed a well-prepared waiver application is a major undertaking.

[LIFE'SJOURNEY 970]

I agree with the ^^ poster. The OP stated his SO was charged, that is a big deal. She didn't just smoked weed and not get caught, she was caughted. That will not be over-looked. Now, I will add this riddle to the puzzle, during her medical if she is asked about smoking weed, she will have to admit that she has smoked weed, since there will be a record of charge and the OP making reference to it in the petition. She can give her explanation to the doctor.

[mflores 0]

I like the idea of you BOTH writing letters about her offense. That shows not only is she being honest with the immigration authorities, she has also been honest with you, you are comfortable with what has happened, and you support and love her despite her past transgression, and you are confirming that it is, in fact, in the past. You are the USC... imho your input and support is important, too.

I think it is great that you've made 8 trips back and forth... I would include as much documentation of that as well... especially photos of you together and copies of boarding passes and passport stamps.

I hope the folks who are saying that "times have changed" and it isn't as big a deal as it once was are correct. It would be such a silly reason for denial or delay. Best of luck.

Maya

Great idea. I'll get started on my letter and tell my wife to write one also. These letters would be included with the IV packet? Pictures, passport stamps, airplane tickets, etc. these will be brought to the interview?

How exactly does the medical exam work? What kinds of tests do they run?

Thanks again for everyones advice. I know this is not going to be easy, but I'm glad I got my question answered and feel like I'm on the right path. Thanks again!

Mark