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AnAmericanInLove

Drug Possession Charge...I'm sure you've heard this before...

By AnAmericanInLove in K-1 Fiance(e) Visa Process & Procedures

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AnAmericanInLove Contributor

AnAmericanInLove   1

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I have been researching something very similar and have come across quite a few people who have gotten into trouble in the past for a class A drug offense (ecstasy) who have been approved for US visas and these are just the ones who write about it on the Internet, I am sure there are many more. This is not cut and dry. There is always hope. It all boils down to your interview and how they feel about the situation. Regardless of what the law states, your interviewer still has the right to make the call based of what they observe. It happens more than we know. Few people get lifetime bans for a single drug offense that happened years ago. You can even find some of their stories on visa journey.

Thank you for the encouragement and support. I'm praying for the best. We'll see what happens. :-)

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Avery Cates
Avery Cates

Glad to hear it. Immigration truly is no place for whimsy and just throwing things out there just to see what sticks is a waste of time, money, and leads to an awful lot of disappointment. Professio

Hypnos
Hypnos

Lizz Cannon is one of the most highly-regarded waiver attorneys in the country. http://www.lizzcannonlaw.com/i-601waiver/ As she states, unless you're talking simple possession of marijuana under 3

Pinkrlion
Pinkrlion

MDMA were originally made for medical treatment, that is not new, but due to the abuse of the drug has made it a Schedule I drug by DEA. Therefore an illegal substance.

Mistersmisties78 Newbie

Mistersmisties78   0

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I guess most of these are admittance/cautions etc..but they are instances when people who have gotten in trouble for drugs have still been approved a visa. When I did my research I just took screen shots of things and didn't save the exact sites so I am trying to backtrack.. It isn't often but it happens enough that it has been posted online

http://forum.unlock.org.uk/default.aspx?f=37&m=23604

http://www.visajourney.com/forums/topic/454983-refused/

a person on the following forum posted in December 2015 "I have just been through the Visa process. I had a caution for class A drugs about 19 years ago, went to the american embassy in london told the truth even got a little laugh from the consulate lady when i told her the story. It was all quite painless and i was granted a 10 year visa so just be honest and you will be ok."

http://www.immigrationboards.com/us-immigration/police-caution-stop-me-from-going-to-new-york-for-1-week-t158719.html

I know there are quite a few more that I came across, but regretfully I don't have time to search at the moment. My point is, don't give up hope. It is all in the hands of the interviewer and miracles happen every day. You just never know. We hear so many horror stories because those disgruntled people are the ones who post most. We rarely hear the success stories because most of them do not bother to post when everything goes well.

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Boiler Grand Master

Boiler   43,725

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The OP's case is for a immigrant visa with a non waiverable drug conviction, do you have a link for a successful case in that category?

I guess most of these are admittance/cautions etc..but they are instances when people who have gotten in trouble for drugs have still been approved a visa. When I did my research I just took screen shots of things and didn't save the exact sites so I am trying to backtrack.. It isn't often but it happens enough that it has been posted online

http://forum.unlock.org.uk/default.aspx?f=37&m=23604

http://www.visajourney.com/forums/topic/454983-refused/

a person on the following forum posted in December 2015 "I have just been through the Visa process. I had a caution for class A drugs about 19 years ago, went to the american embassy in london told the truth even got a little laugh from the consulate lady when i told her the story. It was all quite painless and i was granted a 10 year visa so just be honest and you will be ok."

http://www.immigrationboards.com/us-immigration/police-caution-stop-me-from-going-to-new-york-for-1-week-t158719.html

I know there are quite a few more that I came across, but regretfully I don't have time to search at the moment. My point is, don't give up hope. It is all in the hands of the interviewer and miracles happen every day. You just never know. We hear so many horror stories because those disgruntled people are the ones who post most. We rarely hear the success stories because most of them do not bother to post when everything goes well.

“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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Boiler Grand Master

Boiler   43,725

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The OP's case is for a immigrant visa with a non waiverable drug conviction, do you have a link for a successful case in that category?

The link was for a caution and mentions a controlled substance but not what it was.

“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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Boiler Grand Master

Boiler   43,725

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That would be normal in most jurisdicions, certainly seems that case in the UK when you go that far back.

“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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Villanelle Experienced

Villanelle   4,121

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Well even if the records are gone- like physically gone- theres still an electronic account of it. Even matters that are considered 'expunged' still show up on the indepth level of the background check performed.

If you dont disclose it you run into misrep. So thats not an option. When you disclose it they will want the records. The only thing you can do is provide the with the official statement that there is no records. I dont know if it will work against you (them assuming its worse then it is) or work for you (no gritty details to use against you).

I do think theres a lot we dont know. In the above examples they were 'cautions' therefore not considered. I dont know if theres something similar like that in that jurisdiction. Its impossible to research! I think youre going to just be left waiting for the official word. As the attnys told you IF its considered an offense you are out of luck, if its not then thumbs up.

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Boiler Grand Master

Boiler   43,725

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Police Report shows the crime, what is not available are the details.

I am not sure it matters.

“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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Boiler Grand Master

Boiler   43,725

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And if the police report is destroyed? Then what.

You order a new one.

“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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AnAmericanInLove Contributor

AnAmericanInLove   1

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How exactly do the police find a record if they say they've destroyed it. How would they present you a new one? What details would they use? Do they just make it up on the spot?

Not every system is like the United States. They don't hold on to your records forever, unless of course, you are a danger to society.

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Boiler Grand Master

Boiler   43,725

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I will let others comment on what the US does and does not hold as I really do not know.

You said his conviction is recorded earlier in this thread and anyway he will be required to disclose all convictions.

“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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