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Past Arrest for Drug Posession-Visa Denial?

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My fiance is 25 years old and when he was 18, he was arrested twice for drug posession but he was never convicted or went to court. Other than this, he has never had any trouble with the law. He lives in Peru and in Peru you can erase your police record. We had it erased. My question is this, will this show up in the US Consular´s system? Do they have access to police records? He once petetioned for a tourist visa and he answered no about the arrest question (bc we did not read the petition correctly). This was before we had his police record erased. At his interview for this, they didnt even bring it up. They just denied his visa (like always with tourist visas) and told him to finish school first before travelling. So did his arrest show up in the system there? Can we put no on the question about previous arrest since he has no record?

Thank you in advance. We ALL know how horrible and sometimes heartbreaking this process can be. Have faith in the good Lord and he shall get us all through this :D

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Filed: Citizen (apr) Country: Canada
Timeline

No, you cannot put NO to the arrest question. He's been arrested and it needs to be documents on all the forms regardless if the record is clean - failing to do so can ban him for life for misrepresentation

Good luck

USCIS
August 12, 2008 - petition sent
August 16, 2008 - NOA-1
February 10, 2009 - NOA-2
178 DAYS FROM NOA-1


NVC
February 13, 2009 - NVC case number assigned
March 12, 2009 - Case Complete
25 DAY TRIP THROUGH NVC


Medical
May 4, 2009


Interview
May, 26, 2009


POE - June 20, 2009 Toronto - Atlanta, GA

Removal of Conditions
Filed - April 14, 2011
Biometrics - June 2, 2011 (early)
Approval - November 9, 2011
209 DAY TRIP TO REMOVE CONDITIONS

Citizenship

April 29, 2013 - NOA1 for petition received

September 10, 2013 Interview - decision could not be made.

April 15, 2014 APPROVED. Wait for oath ceremony

Waited...

September 29, 2015 - sent letter to senator.

October 16, 2015 - US Citizen

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I agree with the other responses. You must ALWAYS tell the truth.

K-1
03-23-2011.....Sent I-129F application
04-07-2011.....NOA1 (dated 03-30-2011)received
07-15-2011.....NOA2 (No RFE's)- 107 days!! *We were #145 on Igor's list*
08-01-2011.....NVC Received
08-03-2011.....NVC Left
08-11-2011.....Consulate Received
08-15-2011.....Packet 3 Received (1 month since our NOA2)
08-29-2011.....Packet 3 Sent
09-23-2011.....Packet 3 logged at Embassy
10-07-2011.....Packet 4 Received
11-08-2011.....Interview Date - APPROVED!!!!
11-15-2011.....Visa in hand today (delivered by DX)
11-20-2011.....Arrived in the U.S.A.
12-03-2011.....Married

AOS/EAD/AP
08-06-2012.....Sent AOS Packet (EAD and AP)

08-10-2012.....Packet delivered
08-17-2012.....NOA1 with appointment for biometrics
09-04-2012.....Biometrics Appointment
10-12-2012.....EAD & AP approved
10-20-2012.....Received EAD/AP "Combo" card by mail

04-19-2012.....Received approval letter for AOS (No interview & no RFE's!!)

04-25-2012.....Received Green Card in the mail today!!!

ROC
03-24-2015.....Sent ROC Packet

03-27-2015.....Packet delivered
04-01-2015.....Check cashed by USCIS
04-04-2015.....NOA1

04-30-2015.....Biometrics Appointment


PfUgm4.png

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Filed: Citizen (apr) Country: Canada
Timeline

You talk about the "good lord" and such and then ask if its ok to lie?

Of course its not OK to lie you can get him banned from the USA.

-------------------------------------------- as1cE-a0g410010MjgybHN8MDA5Njk4c3xNYXJyaWVkIGZvcg.gif

Your I-129f was approved in 5 days from your NOA1 date.

Your interview took 67 days from your I-129F NOA1 date.

AOS was approved in 2 months and 8 days without interview.

ROC was approved in 3 months and 2 days without interview.

I am a Citizen of the United States of America. 04/16/13

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Thanks for the responses. I know it is something that we have to disclose.

And Inky, there is absolutely NO NEED for you to write what you wrote and pass judgement. We are all on here trying to figure out our futures with our loved ones. Think next time you decide to write a negative comment like that. What good does it do?

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Filed: AOS (pnd) Country: Ethiopia
Timeline

Don't even try to hide or lie anything from the US government. The consequence could be very bad. It is better to expose and deal with it.

Good Luck

Edited by Love Eth

K-1 Time Line

Service Center:_California Service Center

Consulate: _Frankfurt, Germany

I-129F Sent: _2011-03-20

I-129F NOA1:_ 2011-03-30

I-129F NOA2:_2011-06-18

NVC Received: _2011-07-19

NVC Left:_2011-07-20

Consulate Received:_2011-07-25

Packet 3 Received: _2011-07-28

Packet 3 Sent: _2011-07-29

Packet 4 Received:_ 2011-08-09

Interview Date: _ 2011-08-24

Interview Result:_ Approved(After 3 weeks AP)

Visa Received:_2011-09-21

US Entry:_@ JFK 2011-11-16

Marriage: _2011-12-20

AOS, EAD, AP

Date Filed: _2012-02-07

NOA Date: _2012-02-13

Bio. Appt. Notice recieved_2012-02-17

Bio. Appt.:2012-03-12@ 8:00 AM in Columbus OH

Bio Done:2012-03-05 WALK IN- Columbus OH

State ID: 2012-03-05

DL Permit: 2012-03-08

AOS Transfer: 2012-03-14

AOS Touched @ USCIS: 2012-03-21

EAD/AP Approved & Card Producton: 2012-04-03

EAD/AP on Hand:2012-04-11

AOS_RFE: 2012-09-28

RFE Sent: 2012-11-09

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Filed: AOS (pnd) Country: Netherlands
Timeline

; Be honest at all times. you lie + you cry = banned for life

Be prepared that the CO may ask your fiance a hell lot more questions and they will be more strict. Though, the Embassy peeps are defending the US border and they are strict when there is drugs involved, whether it's in the PAST or future.

And even though he hasn't been convicted, his police record will show. And ofcourse the Embassy needs his police record, otherwise no Visa can be granted. It says in the guide lines as anywhere else here on VJ.

Edited by Channah&Aaron

holland-flag-44.gifunited-states-flag-88.gif

heart-119.gif August 28th, 2011: Wedding heart-119.giflove-182.gif

AOS
August 31th, 2011: applied for SS#
September 6th: received SS#
September 26th, 2011: AOS sent
September 30th, 2011: NOA1
October 6th, 2011: NOA1 hard copy
October 26th,2011: Biometrics
October 28th, 2011: case transferred to California for faster processing
December 5th, 2011: received EAD/AP card
February 22nd, 2012: Green card in production
February 27th, 2012: GREEN CARD in hand, yaaay!!!




November 10th, 2013: ROC

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Filed: K-1 Visa Country: Philippines
Timeline

My fiance is 25 years old and when he was 18, he was arrested twice for drug posession but he was never convicted or went to court. Other than this, he has never had any trouble with the law. He lives in Peru and in Peru you can erase your police record. We had it erased. My question is this, will this show up in the US Consular´s system? Do they have access to police records? He once petetioned for a tourist visa and he answered no about the arrest question (bc we did not read the petition correctly). This was before we had his police record erased. At his interview for this, they didnt even bring it up. They just denied his visa (like always with tourist visas) and told him to finish school first before travelling. So did his arrest show up in the system there? Can we put no on the question about previous arrest since he has no record?

Thank you in advance. We ALL know how horrible and sometimes heartbreaking this process can be. Have faith in the good Lord and he shall get us all through this :D

Like the saying goes "The truth will set you free". Don't lie or try to hide anything. It would really suck to try to hide this and somewhere down the road they find out. And the reason it takes months to get an approval is because the USCIS cross checks from law organizations from around the world. If you don't disclose it and they find out they assume you are lying about everything....and that equals an automatic NO! Probably forever....

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Filed: Other Country: Egypt
Timeline

Its a question not a judgement.

Our family has strong beliefs and it bothers that you put god and lying in the same question. GOD would never want you to lie about anything. God can only get you through things if you are truthful.

Spot on Inky!!

Betsy El Sum

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And the reason it takes months to get an approval is because the USCIS cross checks from law organizations from around the world.

Uhhh...I don't think so.

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Filed: K-1 Visa Country: Jamaica
Timeline

Uhhh...I don't think so.

I would agree that it's not such a clear answer when it comes to other countries and their system can vary much from the USandA!

“If puss and dog can get together, why cant we love one another?"


06/15/11: MAILED I-129F, ''fiancé visa'', petition to marry foreign born fiancé 3 months after landing in U.S.
06/22/11: CHECK CASHED! CASE MOVING FROM TEXAS TO CALI SERVICE CENTER (CSC)
06/25/11: NOA1, letter dated 6/20/11 from CSC
07/18/11: "TOUCH"
10/27/11: NOA2!! 129 DAYS
11/12/11: NVC Receives Petition
12/02/11: Kingston receives case from NVC.. Packet 3 never received. Request via email, more than one email sent.
12/19/11: Email Reply from Kingston with PACKET 4 and INTERVIEW DATE
12/23/11: MEDICAL APPOINTMENT KINGSTON
01/12/12: INTERVIEW KINGSTON 9:00am! **APPROVED!!!*
01/24/12: PICK UP VISA @ KINGSTON
01/26/12: POE @ ATL
02/21/12: MARRIED!!
04/17/12: Sent AOS, EAD & AP- Adjustment of status to "Conditional Permanent Resident'', Authorization to begin work, and Advance Parole (to travel outside U.S. while green card processes)
04/20/12: NOA1 I-485, I-765, I-131
05/11/12: Biometrics notice for appointment
05/23//12: Case transferred to CSC
06/08/12: Biometrics appointment
06/18/12: I-765 Approved & Green Card Production begins
06/23/12: EAD card and A.P. approval
01/05/13: I-485 APPROVAL text/email, Green card has been sent
01/11/13: Green Card arrives

09/22/14: Send in ROC for ten year green card

12/19/14: Green Card Expires, File for Removal of Conditions no earlier than 09/19/2014

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Filed: K-1 Visa Country: Colombia
Timeline

I agree with you, but he has already told them No from years earlier, so he either already has a ban or he doesn't. If he doesn't and he puts "Yes," now than it would lead one to beleive that he would absolutely then have a ban from here on out.

Wow! This is such a tough position to be in. I think you need to wait for pushbrk's answer. I assume he will say you must put "yes,"... the truth. And he is probably correct. But I just don't see how you can possibly get past the fact that you previously put no last time and yes this time.

Good luck

Claiming NO when he WAS arrested would constitute misrepresentation - the ban for that is lifetime ban on entering the country. One doesn't get to tailor the answers to YES/NO questions - it's either a YES or a NO.

Service Center : Vermont Service Center

Consulate : Bogota, Colombia

I-129F Sent : 2011-04-27

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Filed: Citizen (apr) Country: Brazil
Timeline

one post removed for:

Condone or instruct, either directly or indirectly, others on how to commit fraudulent or illegal immigration activities in any way, shape, manner or method.

one post removed for quoting that tos violation, post returned below minus the quote.

Claiming NO when he WAS arrested would constitute misrepresentation - the ban for that is lifetime ban on entering the country. One doesn't get to tailor the answers to YES/NO questions - it's either a YES or a NO.

* ~ * Charles * ~ *
 

I carry a gun because a cop is too heavy.

 

USE THE REPORT BUTTON INSTEAD OF MESSAGING A MODERATOR!

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