Beneficiary marijuana possession charge 23 yrs ago

[crazyginger 0]

Help please! My fiance in the UK was convicted of possession of 8 grams of cannabis 23 years ago. It is the only charge on his record, and he was fined for it (no jail time). From what I can tell, it isn't a CIMT, and according to the following he should be admissable:

212(h) The Attorney General may, in his discretion, waive the application of subparagraphs (A)(i)(I), (B), (D), and (E) of subsection (a)(2) and subparagraph (A)(i)(II) of such subsection insofar as it relates to a single offense of simple possession of 30 grams or less of marijuana if-

(1)(A) in the case of any immigrant it is established to the satisfaction of the Attorney General that-

(i) the alien is inadmissible only under subparagraph (D)(i) or (D)(ii) of such subsection or the activities for which the alien is inadmissible occurred more than 15 years before the date of the alien's application for a visa, admission, or adjustment of status, or

(ii) the admission to the United States of such alien would not be contrary to the national welfare, safety, or security of the United States, and

(iii) the alien has been rehabilitated;

My questions are: Will he need to get court records in addition to the police certificate? What should he expect at the interview? Is he doomed to being automatically denied and then having to apply for a waiver? Or is this something that can be approved at the time of the interview?

Many thanks.

[LeftCoastLady 441]

I don't have much advice to offer, but he should definitely try to get a hold of the court records and have those on hand for the interview.

Also, fill in your profile and choose UK for the country. This will allow your post to appear in the UK portal on VJ for others to see and you'll have a better chance of getting more responses from those who have gone through London.

[crazyginger 0]

I don't have much advice to offer, but he should definitely try to get a hold of the court records and have those on hand for the interview.

Also, fill in your profile and choose UK for the country. This will allow your post to appear in the UK portal on VJ for others to see and you'll have a better chance of getting more responses from those who have gone through London.

Thanks! Added country

[del-2-5-2014 1,340]

Help please! My fiance in the UK was convicted of possession of 8 grams of cannabis 23 years ago. It is the only charge on his record, and he was fined for it (no jail time). From what I can tell, it isn't a CIMT, and according to the following he should be admissable:

212(h) The Attorney General may, in his discretion, waive the application of subparagraphs (A)(i)(I), (B), (D), and (E) of subsection (a)(2) and subparagraph (A)(i)(II) of such subsection insofar as it relates to a single offense of simple possession of 30 grams or less of marijuana if-

(1)(A) in the case of any immigrant it is established to the satisfaction of the Attorney General that-

(i) the alien is inadmissible only under subparagraph (D)(i) or (D)(ii) of such subsection or the activities for which the alien is inadmissible occurred more than 15 years before the date of the alien's application for a visa, admission, or adjustment of status, or

(ii) the admission to the United States of such alien would not be contrary to the national welfare, safety, or security of the United States, and

(iii) the alien has been rehabilitated;

My questions are: Will he need to get court records in addition to the police certificate? What should he expect at the interview? Is he doomed to being automatically denied and then having to apply for a waiver? Or is this something that can be approved at the time of the interview?

Many thanks.

He should be getting his hands on the entire court document especially the dispotion with deliberate haste. It's immensely crucial, IMHO.