Parent of us citizens, waiver for drugs and prostitution (merged)

[JEANIEW 5]

Can anyone help I lived in states for 22 years as a green card holder but I came back to england for 10 years and had to abandon it.When i was in states I was arrested for a drug charge that was dismissed.I have now had an appointment for an interview and I am wondering as I have a drug arrest will I be allowed a green card if I have 3 american children?

Edited September 2, 2017 by Penguin_ie

[Going through 5,668]

It depends on what the final disposition of the case was, what the amount that you were carrying was, whether you were ordered any pre-trial diversion/alternative sentencing and if that was completed, and what the actual charge was (possession, intent to sell, etc.)

 

Having 3 USC children is inconsequential to your chances of approval.  In other words, USCIS doesn't care about that and it has no bearing either way on your own merits when applying, because if you were denied it would not affect your children's legal status as USC in any way.

 

Do you have the court paperwork to provide at your interview?

Edited August 26, 2017 by Going through

[Boiler 43,763]

Agree, details are important.

[JEANIEW 5]

4 minutes ago, Going through said:

It depends on what the final disposition of the case was, what the amount that you were carrying was, whether you completed any pre-trial diversion/alternative sentencing and if that was completed, and what the actual charge was (possession, intent to sell, etc.)

 

Having 3 USC children is inconsequential to your chances of approval.  In other words, USCIS doesn't care about that and it has no bearing either way on your own merits when applying, because if you were denied it would not affect your children's legal status as USC in any way.

 

Do you have the court paperwork to provide at your interview?

I never went to court and no court records exsist I had waiver for this on my B2 as a search found no court records and i cant get any paperwork to prove as my attorney got case dismissed and was dropped

[JEANIEW 5]

1 minute ago, JEANIEW said:

I never went to court and no court records exsist I had waiver for this on my B2 as a search found no court records and i cant get any paperwork to prove as my attorney got case dismissed and was dropped

When they asked me for court records for my B2 visa I told them this and as i got a previous waiver will i get asked for court records again before they would give me approved green card?I had small amount of drug no intent to sell

[Going through 5,668]

7 minutes ago, JEANIEW said:

I never went to court and no court records exsist I had waiver for this on my B2 as a search found no court records and i cant get any paperwork to prove as my attorney got case dismissed and was dropped

Even if the case was dismissed and charges were dropped, the courthouse would have statements on this because the charge DID exist.  You need to request from the courthouse that had jurisdiction over where you were living at the time you were arrested, and have them provide at the very least a court-certified letter stating no records exist/were destroyed.  USCIS *will* require this at your interview.  You will also need the arrest record from the police department in the same city (or at least a letter from them stating the arrest report was purged).

 

Approval for B2 visas and actually wanting to immigrate/live in the US are treated completely different.

Edited August 26, 2017 by Going through

[Ryan H 3,796]

Moved from What Visa Do I Need - Family Based Immigration to Bringing Family Members of US Citizens to America forum.

[JEANIEW 5]

On ‎8‎/‎26‎/‎2017 at 4:41 AM, Going through said:

It depends on what the final disposition of the case was, what the amount that you were carrying was, whether you were ordered any pre-trial diversion/alternative sentencing and if that was completed, and what the actual charge was (possession, intent to sell, etc.)

 

Having 3 USC children is inconsequential to your chances of approval.  In other words, USCIS doesn't care about that and it has no bearing either way on your own merits when applying, because if you were denied it would not affect your children's legal status as USC in any way.

 

Do you have the court paperwork to provide at your interview?

 

 

 

Thankyou I have contacted the police and the court I don't think anything is coming up on my arrest I did a criminal search for myself and says no criminal records exsists I only had this one offence Should I be ok?Im very scared 

[Going through 5,668]

54 minutes ago, JEANIEW said:

 

Thankyou I have contacted the police and the court I don't think anything is coming up on my arrest I did a criminal search for myself and says no criminal records exsists I only had this one offence Should I be ok?Im very scared 

Since the arrest happened so long ago outside from when you apply, you should be fine, so long as you have the appropriate documents to back up your actual charge/final disposition/no records found.  I had an old charge from 1993 (albeit in my home country, not the US, and it wasn't drug-related but it IS a "CIMT" which USCIS takes seriously) when I applied.  It was also your only offense, so they do take that into account as well.

 

Keep in mind that the type of public search you can do on yourself through the internet is vastly different from the databases USCIS and the FBI have access to when doing the background check.  In other words, it may not come up when you do your own search, but you can guarantee it will come up on theirs.

Edited August 27, 2017 by Going through

[jan22 2,918]

If you needed an actual waiver to get your visitor visa, you were likely found ineligible under one of the drug-related categories.  This ineligibility will also apply to your immigrant visa. Do you know what category/reason you needed the waiver for?  

Edited August 27, 2017 by jan22

[JEANIEW 5]

No I got the B2 visa but it took six months for waiver It was 17 years ago no trouble since I don't know how get police or court records It's like charge disappeared But my fingerprints will show it was a charge If I just take my own Saarch will I have to wait 6 months again waiver?Do you think deny me?Im so worried

[Boiler 43,763]

5 minutes ago, JEANIEW said:

No I got the B2 visa but it took six months for waiver It was 17 years ago no trouble since I don't know how get police or court records It's like charge disappeared But my fingerprints will show it was a charge If I just take my own Saarch will I have to wait 6 months again waiver?Do you think deny me?Im so worried

You will be supplying the same sort of info you supplied for the B.

[JEANIEW 5]

One question is if i go to my interview and they agree to waiver on the 15 year waiver and that i have good moral character now will they do that straight away?Or will i have to wait for washington to agree?

 

[Boiler 43,763]

Waivers are not adjudged by the Consulate.

[JEANIEW 5]

On 8/27/2017 at 11:13 PM, Boiler said:

Waivers are not adjudged by the Consulate.

sorry what does that mean?If i take ant old documents that charges were dropped would he be able to approve me at my interview?