Honestly, I think we are going to get denied

[Ginet 0]

I am petitioning my husband. He has had a little, well actually big, legal problem. He told me at first about it, but I didn't think much of it because he told me that he was found not guilty by a judge. The offense is hideous. It’s Drug Trafficking. I didn't think about it affecting our petition until i read the immigration law regarding "reason to believe" you’re a drug trafficker and the complete inadmissibility behind it. We sent in the official court transcript to NVC. I've read the court testimony. They found drugs (cocaine) at my husband's father's home suspected to be of a Colombian who was staying there. My husband's uncle who was there when the police raided his father's house told the authorities that my husband was also involved. So they sought out my husband. The judge declared that my husband didn't live there at the time since during the raid they didn’t find evidence that he lived there and that there was not sufficient evidence to charge him of the crime. So he was found not guilty. My worry is that the immigration officer may not see it as such. They only need mere suspicion and an arrest can do it. I know that my husband was not in any way involved in that. That is the only problem with the law he ever had. I will fight any way possible for him to live with me in the states but it does not look good for us. Do we need an attorney to go with us to the interview? Its next month..

[bsd058 296]

I am petitioning my husband. He has had a little, well actually big, legal problem. He told me at first about it, but I didn't think much of it because he told me that he was found not guilty by a judge. The offense is hideous. It’s Drug Trafficking. I didn't think about it affecting our petition until i read the immigration law regarding "reason to believe" you’re a drug trafficker and the complete inadmissibility behind it. We sent in the official court transcript to NVC. I've read the court testimony. They found drugs (cocaine) at my husband's father's home suspected to be of a Colombian who was staying there. My husband's uncle who was there when the police raided his father's house told the authorities that my husband was also involved. So they sought out my husband. The judge declared that my husband didn't live there at the time since during the raid they didn’t find evidence that he lived there and that there was not sufficient evidence to charge him of the crime. So he was found not guilty. My worry is that the immigration officer may not see it as such. They only need mere suspicion and an arrest can do it. I know that my husband was not in any way involved in that. That is the only problem with the law he ever had. I will fight any way possible for him to live with me in the states but it does not look good for us. Do we need an attorney to go with us to the interview? Its next month..

Well...I don't think they will go on mere suspicion. If your husband was found not guilty of all charges, then he should be fine. I really don't think this will prevent him from entering in the long run. It might warrant putting him in AP to do some more research, but I don't think they will deny him. Though it may not be a bad idea to have an attorney with you to make sure USCIS doesn't break any immigration or other laws and to make sure they are treating you fairly.

Edited February 13, 2013 by bsd058

[Ginet 0]

Well...I don't think they will go on mere suspicion. If your husband was found not guilty of all charges, then he should be fine. I really don't think this will prevent him from entering in the long run. It might warrant putting him in AP to do some more research, but I don't think they will deny him. Though it may not be a bad idea to have an attorney with you to make sure USCIS isn't breaking any laws and is treating you fairly.

Thanks, I don't mind AP. But this is what im worried about

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

[together4evr 360]

If you are sure that he was found NOT GUILTY then no problem

But if he had to perform any classes or pay a fine or was put on probation or deferred something he will have a problem.

Is his court problem in the usa? If so he needs to get the arrest expunged or hidden to get jobs in usa.

Immigration will always see every arrest and every result in the usa.

I do not know how it works in other countries

Edited February 13, 2013 by together4never13

[Ginet 0]

If you are sure that he was found NOT GUILTY then no problem

But if he had to perform any classes or pay a fine or was put on probation or deferred something he will have a problem.

Is his court problem in the usa? If so he needs to get the arrest expunged or hidden to get jobs in usa.

Immigration will always see every arrest and every result in the usa.

I do not know how it works in other countries

It wasn't in the US. It was in his country, Dominican Republic. His police certificate is clear, he has nothing. He was completely proven not guilty. He has no criminal record, just this court record of the not guilty verdict.

[Karee 4,189]

It wasn't in the US. It was in his country, Dominican Republic. His police certificate is clear, he has nothing. He was completely proven not guilty. He has no criminal record, just this court record of the not guilty verdict.

Then you're fine. No worries regarding that.

[bsd058 296]

It wasn't in the US. It was in his country, Dominican Republic. His police certificate is clear, he has nothing. He was completely proven not guilty. He has no criminal record, just this court record of the not guilty verdict.

Then there isn't a reason to believe that he was involved in drug trafficking. That's what a judge in his country ruled. He's no longer under any suspicion.

Edited February 13, 2013 by bsd058

[Ginet 0]

Thanks for the reassurance..

[Villanelle 4,121]

Unfortunately it doesnt matter that the charges were dismissed or that he was found 'not guilty'. The OP is correct to be concerned. The language in the policy is specifically designed to be left to the COs discretion.

Under 9 FAM 40.23 N1.1 First Clause of Subsection (B); Examples of “Trafficking"

b. It must be noted that, unlike INA 212(a)(2)(D), the language in the first clause of INA 212(a)(2)© makes no mention of “engaging” in any proscribed activities. Therefore, the term “illicit trafficker” does not require that one has been “engaged” continuously in illicit trafficking. Rather, it denotes a person whose involvement with narcotic drugs includes trafficking, whether primary or incidental

Since the standard of proof for this provision “reason to believe” is substantially lower than that required for a conviction, it has been held that a consular officer may have reason to believe an alien is a trafficker even though criminal charges against the alien which relate to the facts forming the basis of ineligibility as a trafficker have been dismissed.

The OP can find an easy to read pdf format of the notes for 9 FAM 40.23 here- http://www.state.gov/documents/organization/86950.pdf

(I believe if the visa is denied the OP should be able to appeal the COs decision, but it would be best to seek out a lawyer for assistance with an appeal of that nature- there is no waiver, it would be an appeal and it would take a long time - 6+ months if even possible)

[Villanelle 4,121]

IMO- YES bring a lawyer to the interview if you think it will help. The CO in front of you is the person who is going to be deciding whether or not your husband is going to be admissible or not.

You need to do everything in your power to convince them that your husband is not guilty. (and your husbands uncle implemented him in this- #######? Do you have any idea why he would do such a thing? Is there any counter evidence you could bring to the interview to explain why his uncle would implement him in this? A statement from his uncle explaining himself? Taking back his accusation? Kind of like a yeah I told the cops that- it wasnt true- even if he doesnt go as far as to say why he did (saying why would be a +) but even with out the why would be a +)

You kind of have to look at it like this - he needs to prove his innocence all over again to the CO- it doesnt matter that the court found him innocent. The CO can view it as- he got off on a technicality and is still guilty.

[VanessaTony 3,567]

Well...I don't think they will go on mere suspicion.

Incorrect. USCIS looks at it as the person MAY have committed the crime and that's why they were arrested, there was enough to arrest them. Being found not guilty only means that they didn't have enough evidence to convict. It's not fair, especially when you ARE wrongly accused, but that's how they work it. The OP's husband will most likely need to prove WHY he was found not-guilty. The Order should state why he was, but it only proves he didn't live there so they didn't have enough evidence, not that he wasn't involved.

If you are sure that he was found NOT GUILTY then no problem

Incorrect. See my response above and capri's quotes.

Then you're fine. No worries regarding that.

Please see capri's quote. It's not "no worries".

[Karee 4,189]

Incorrect. USCIS looks at it as the person MAY have committed the crime and that's why they were arrested, there was enough to arrest them. Being found not guilty only means that they didn't have enough evidence to convict. It's not fair, especially when you ARE wrongly accused, but that's how they work it. The OP's husband will most likely need to prove WHY he was found not-guilty. The Order should state why he was, but it only proves he didn't live there so they didn't have enough evidence, not that he wasn't involved.

Incorrect. See my response above and capri's quotes.

Please see capri's quote. It's not "no worries".

If he has a clear police certificate, how is this going to come up?

Disregard, I just saw that the court transcript was sent to NVC.

Edited February 14, 2013 by Karee

[Ginet 0]

IMO- YES bring a lawyer to the interview if you think it will help. The CO in front of you is the person who is going to be deciding whether or not your husband is going to be admissible or not.

You need to do everything in your power to convince them that your husband is not guilty. (and your husbands uncle implemented him in this- #######? Do you have any idea why he would do such a thing? Is there any counter evidence you could bring to the interview to explain why his uncle would implement him in this? A statement from his uncle explaining himself? Taking back his accusation? Kind of like a yeah I told the cops that- it wasnt true- even if he doesnt go as far as to say why he did (saying why would be a +) but even with out the why would be a +)

You kind of have to look at it like this - he needs to prove his innocence all over again to the CO- it doesnt matter that the court found him innocent. The CO can view it as- he got off on a technicality and is still guilty.

He is going to contact a lawyer to assist him. He is going to get those statements after I advised him to after reading this. He will also see what his lawyer has to say after the lawyer reads the court documents. He told me that his uncle was 'scared'.

[Ginet 0]

If he has a clear police certificate, how is this going to come up?

Disregard, I just saw that the court transcript was sent to NVC.

There's a question on the DS230 that asks if the beneficiary has ever been arrested for any crime.. The answer is yes. I sent the documents on the advise of an attorney.

[Ginet 0]

I guess I will truly know the outcome at the interview. I will leave it in God's hands now. This has been too much stress for me. I'll do what best I can, hire a good lawyer etc. I know the odds may be against me. I can appeal a denial or move to DR or both so no worries.