Jump to content
Lillyandkip

4 drug convictions from 2 acts- IMBRA?

 Share

9 posts in this topic

Recommended Posts

Filed: K-1 Visa Country: Germany
Timeline

Hi everyone!

I'm wondering what exactly counts for the statement below. If I've been convicted 2 times for 2 drug or alcohol related crimes each, do I have to say yes to that question? I have 4 Convictions in total but from only 2 different acts so does USCIS counts this as only 2 convictions?

Thank you so much in advance!

  • Crimes relating to a controlled substance or alcohol where the petitioner has been convicted on at least three occasions and where such crimes did not arise from a single act

Link to comment
Share on other sites

Filed: Timeline

I believe you are the beneficiary and your fiancee is the USC correct? So Im gathering you are not all that familiar with the terms used in US criminal court. Typically you get arrested and one or more charges are brought against you. You then go to court. A conviction can be the final outcome of a criminal case. You can plead not guilty and be found guilty and hence have a conviction. Or you can plead guilty from the start and have a conviction. If you are found innocent there is no conviction. The act is referring to the incident. You can have more then one charge stemming from an incident.

Heres some examples:

Arrested Jan 1 for marijuana, cocaine and ecstasy possession. Goes to court and is convicted of all three charges. This is 3 charges in one incident. (one arrest/one date). This does not qualify under IMBRA.

Arrested Jan 1 for marijuana and cocaine. Found guilty of both. This is 2 charges one incident. Arrested again Feb1 for marijuana again. Found guilty. This is now 3 charges in 2 incidents so it qualifies.

So we are looking for 3 separate guilty or found guilty in court causing a conviction that happened on 2 or more different times.

Please remember you can not be denied for this. They just need to make sure the beneficiary is aware of everything and still wants to go forward. Getting into a relationship with someone who actively does drugs is risky. As is getting involved with someone who does not respect the laws where they live. No judgement here, just explaining the reasoning behind the law. I mean imagine if you didnt know. Your fiancee doesnt tell you hes been arrested multiple times for that and then you come and find out.

But anyway this is just general info. You would have to post the specifics or speak to an attny for more detailed advice.

Link to comment
Share on other sites

Filed: K-1 Visa Country: Germany
Timeline

I believe you are the beneficiary and your fiancee is the USC correct? So Im gathering you are not all that familiar with the terms used in US criminal court. Typically you get arrested and one or more charges are brought against you. You then go to court. A conviction can be the final outcome of a criminal case. You can plead not guilty and be found guilty and hence have a conviction. Or you can plead guilty from the start and have a conviction. If you are found innocent there is no conviction. The act is referring to the incident. You can have more then one charge stemming from an incident.

Heres some examples:

Arrested Jan 1 for marijuana, cocaine and ecstasy possession. Goes to court and is convicted of all three charges. This is 3 charges in one incident. (one arrest/one date). This does not qualify under IMBRA.

Arrested Jan 1 for marijuana and cocaine. Found guilty of both. This is 2 charges one incident. Arrested again Feb1 for marijuana again. Found guilty. This is now 3 charges in 2 incidents so it qualifies.

So we are looking for 3 separate guilty or found guilty in court causing a conviction that happened on 2 or more different times.

Please remember you can not be denied for this. They just need to make sure the beneficiary is aware of everything and still wants to go forward. Getting into a relationship with someone who actively does drugs is risky. As is getting involved with someone who does not respect the laws where they live. No judgement here, just explaining the reasoning behind the law. I mean imagine if you didnt know. Your fiancee doesnt tell you hes been arrested multiple times for that and then you come and find out.

But anyway this is just general info. You would have to post the specifics or speak to an attny for more detailed advice.

Yes I'm the foreign beneficiary asking for my fiancé. Thank you so much for your respond! We really understood the "three occasions" as three different dates. I also found this attached quote on a lawyers website which really makes it sound like it only qualifies if there have been three different occasions. This is very confusing I think!

post-231000-0-83126300-1467927032_thumb.png

Link to comment
Share on other sites

Filed: Timeline

Very nice to meet you Lily. Welcome to VJ!

So I see what you are looking at. I have mixed feelings about things found on lawyer websites. Often they are (as in this case) incomplete or misleading to get business. The quote you pasted is correct but its incomplete.

IMBRA is under VAWA act. Heres a USCIS pdf refering to the relevant part in its entirety.

https://www.uscis.gov/sites/default/files/USCIS/Laws/Memoranda/Static_Files_Memoranda/Archives%201998-2008/2006/imbra072106.pdf

Page 2 "Crimes relating to a controlled substance or alcohol where the petitioner has been convicted

on at least three occasions and where such crimes did not arise from a single act. "
This is the law. What the lawyer has is a snippet.
Link to comment
Share on other sites

Filed: K-1 Visa Country: Germany
Timeline

Very nice to meet you Lily. Welcome to VJ!

So I see what you are looking at. I have mixed feelings about things found on lawyer websites. Often they are (as in this case) incomplete or misleading to get business. The quote you pasted is correct but its incomplete.

IMBRA is under VAWA act. Heres a USCIS pdf refering to the relevant part in its entirety.

https://www.uscis.gov/sites/default/files/USCIS/Laws/Memoranda/Static_Files_Memoranda/Archives%201998-2008/2006/imbra072106.pdf

Page 2 "Crimes relating to a controlled substance or alcohol where the petitioner has been convicted

on at least three occasions and where such crimes did not arise from a single act. "
This is the law. What the lawyer has is a snippet.

Very nice to meet you too! Thank you for your help, it's not easy to understand all these things in a foreign language!

But me fiance hasn't been convicted on at least 3 occasions. He has only been convicted on two occasions for several offenses. So I thought it wouldn't apply for us. From my understanding it says that if you were convicted on 3 or more occasions but all the crimes arise from one single act you don't have to state anything. But since he was only convicted on 2 occasions it doesn't apply for him, right?

Link to comment
Share on other sites

Filed: Timeline

I dont know how to explain this really. Maybe someone else wants to jump in? I think some of the problem is language. You are translating words directly and it seems to be making a problem.

This is wrong "From my understanding it says that if you were convicted on 3 or more occasions but all the crimes arise from one single act you don't have to state anything" Its not BUT all the crimes arise from one single act --its AND where such crimes did not arise from a single act. Theres a big difference between "but" and "and".

Each conviction is considered an occasion - if you have 3 of them AND it wasnt from a single act then you must disclose it.

Link to comment
Share on other sites

Filed: K-1 Visa Country: Germany
Timeline

I dont know how to explain this really. Maybe someone else wants to jump in? I think some of the problem is language. You are translating words directly and it seems to be making a problem.

This is wrong "From my understanding it says that if you were convicted on 3 or more occasions but all the crimes arise from one single act you don't have to state anything" Its not BUT all the crimes arise from one single act --its AND where such crimes did not arise from a single act. Theres a big difference between "but" and "and".

Each conviction is considered an occasion - if you have 3 of them AND it wasnt from a single act then you must disclose it.

Oh okay, it all makes sense if each conviction is one occasion. I always thought the definition of occasion is more a particular time when something happens or a certain situation. So I thought you have to be convicted for things that happened in at least 3 different separate situations, there have to be 3 different court dates. Thats why I assumed we were fine because my fiancé only got convicted for 2 situations.

This is what I found on the USCIS website for getting a DACA (I know it's a different situation but that's how I understood the question on the i-129F petition)

‘3 or more non-significant misdemeanors’

The 3 misdemeanors must not have been committed on the same day.

They must not come from the same action.

If you were convicted of committing several misdemeanors on the same day, only one will count. If you were convicted of several misdemeanors from the same action, only one will count.

Link to comment
Share on other sites

  • 1 year later...
On 7/8/2016 at 3:50 AM, Damara said:

I believe you are the beneficiary and your fiancee is the USC correct? So Im gathering you are not all that familiar with the terms used in US criminal court. Typically you get arrested and one or more charges are brought against you. You then go to court. A conviction can be the final outcome of a criminal case. You can plead not guilty and be found guilty and hence have a conviction. Or you can plead guilty from the start and have a conviction. If you are found innocent there is no conviction. The act is referring to the incident. You can have more then one charge stemming from an incident.

Heres some examples:

Arrested Jan 1 for marijuana, cocaine and ecstasy possession. Goes to court and is convicted of all three charges. This is 3 charges in one incident. (one arrest/one date). This does not qualify under IMBRA.

Arrested Jan 1 for marijuana and cocaine. Found guilty of both. This is 2 charges one incident. Arrested again Feb1 for marijuana again. Found guilty. This is now 3 charges in 2 incidents so it qualifies.

So we are looking for 3 separate guilty or found guilty in court causing a conviction that happened on 2 or more different times.

Please remember you can not be denied for this. They just need to make sure the beneficiary is aware of everything and still wants to go forward. Getting into a relationship with someone who actively does drugs is risky. As is getting involved with someone who does not respect the laws where they live. No judgement here, just explaining the reasoning behind the law. I mean imagine if you didnt know. Your fiancee doesnt tell you hes been arrested multiple times for that and then you come and find out.

But anyway this is just general info. You would have to post the specifics or speak to an attny for more detailed advice.

hi damara, you are a life saver, this is what ive been looking for, thank you for explaining it so clearly...

Link to comment
Share on other sites

Filed: Citizen (apr) Country: Ecuador
Timeline

Thread from 2016 is now closed to further comment.

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

Link to comment
Share on other sites

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.
Guest
This topic is now closed to further replies.
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...