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AndyLina2016

Denied... Moral Turpitude, Controlled Substance, Drug Trafficking

By AndyLina2016 in Waivers (I-601 and I-212) and Administrative Processes (221g)

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AndyLina2016 Rookie

AndyLina2016   1

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Filed: IR-1/CR-1 Visa Country: Colombia
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My wife was denied an immigration visa because she admitted to drug charges 18 years ago.

 

2A1 The applicant was convicted of a crime against morality -  (212(a)(2)(A)(i)(I)).
2A2 The applicant violated a law or regulation related to controlled substances  -  (212(a)(2)(A)(i)(II)).
2C1 There is reason to believe that the applicant has been involved in drug trafficking  -  (212(a)(2)(C)(i)).

 

The drugs were her brother's and he had a record. She took the fall for him. A lawyer advised her to plead guilty. She would get no jail time if she completed house arrest (2 years). She completed here obligations in 2001. There is no getting around the conviction. What do we do now?

 

Is there a chance she can get a waiver? Does anyone have knowledge or experience with a similar situation?

 

Time is running out on the 30 day appeal deadline. 

 

Is there a lawyer or law office that can be recommended.

 

Thank you...

 

 

 

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TNJ17 Proficient

TNJ17   1,329

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Filed: K-1 Visa Country:
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It is my understanding from other posters in this forum that there is a temporary ban for drug charges. Not sure if you can get a waiver either. I’d call the embassy and ask. They should tell you what the next steps are. If there is a waiver to fill out they will tell you. Or if they need more evidence as well, they will tell you. 

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AndyLina2016 Rookie

AndyLina2016   1

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Filed: IR-1/CR-1 Visa Country: Colombia
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Thanks.

 

Two more points of information:

 

1) I'm not sure of the amount of marijuana but it was more than 30 grams. 

2) The notice from the Embassy said:  There is no forgiveness available for this ineligibility.

 

Help on finding a good lawyer would be helpful.

 

Thanks.

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Boiler Grand Master

Boiler   43,859

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Filed: K-1 Visa Country: Wales
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Well nothing a Lawyer can do, but by all means consult with a couple just to confirm, you will find a lot of good ones mentionned on here.

 

Heather Poole for example.

 

http://www.humanrightsattorney.com/

 

I have no idea about you migrating, hopefully others do and can advise on the process.

“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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Redheadguy03 Proficient

Redheadguy03   505

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Filed: Citizen (pnd) Timeline
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31 minutes ago, AndyLina2016 said:

She has never been in trouble with the law since 1998. Clean record. That is the only blemish on her record.

You can't say clean record when she has a record. She was denied because she has a conviction, not because she admitted to it. They would have found out if she had lied. 

 

Try contacting a lawyer and explaining your case. 

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Boiler Grand Master

Boiler   43,859

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Filed: K-1 Visa Country: Wales
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There are certain blemishes that have no waiver, Drug Trafficking being right up there.

“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   43,859

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Filed: K-1 Visa Country: Wales
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2 minutes ago, Damara said:

There is no forgiveness available for this ineligibility.

 

That means there is NO waiver available. There is nothing anyone can do for you. 

 

But with such a life changing event get it confirmed by a Lawyer.

“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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geowrian Grand Master

geowrian   22,336

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Filed: Lift. Cond. (pnd) Country: Philippines
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Posted

Agreed...this is an unwaivable inadmissibility. There's no room for discretion by the CO...unless the laws are changed, she won't be granted a visa.

But yes, speak with a very experienced immigration attorney that deals with this kind inadmissibility just to confirm...the specific details of the crimes and local laws for those charges are important.

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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AndyLina2016 Rookie

AndyLina2016   1

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Filed: IR-1/CR-1 Visa Country: Colombia
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Posted

Thank you for all the great comments. I have been researching the issue and you all confirmed my earlier findings.

 

Moving Forward:

1) Complete Stepdaughters process. Only one follow up document.

2) Will not apply for a waiver on wife's denial 

3) Will seek to get the charges reversed, expunged or pardoned. Whatever works.

4) At a later date may apply for non-immigration visa after filing the appropriate waiver (received this advise from a lawyer).

 

Thank you again.

 

Happy Holiday, Merry Christmas and have a Happy New Year.

 

Andy

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Boiler Grand Master

Boiler   43,859

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Filed: K-1 Visa Country: Wales
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12 minutes ago, AndyLina2016 said:

Thank you for all the great comments. I have been researching the issue and you all confirmed my earlier findings.

 

Moving Forward:

1) Complete Stepdaughters process. Only one follow up document.

2) Will not apply for a waiver on wife's denial 

3) Will seek to get the charges reversed, expunged or pardoned. Whatever works.

4) At a later date may apply for non-immigration visa after filing the appropriate waiver (received this advise from a lawyer).

 

Thank you again.

 

Happy Holiday, Merry Christmas and have a Happy New Year.

 

Andy

  1. How old is stepdaughter, seems odd leaving her Mother behind.
  2. As has been said none has been offered.
  3. Too late from an Immigration perspective.
  4. Depends on what NIV, but most are not dual intent, and of course with a NIV waiver you have first to be otherwise eligible and then be recommended by the CO, not something the applicant files.

“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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AndyLina2016 Rookie

AndyLina2016   1

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Filed: IR-1/CR-1 Visa Country: Colombia
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Moving forward with Stepdaughters since we have completed the process.  Nothing may come of it except a short visit to the US but since they are 13 and 14 they would benefit from it.  

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AndyLina2016 Rookie

AndyLina2016   1

Posted
Filed: IR-1/CR-1 Visa Country: Colombia
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  • Author
Posted

Moving forward with Stepdaughters since we have completed the process.  Nothing may come of it except a short visit to the US but since they are 13 and 14 they would benefit from it.  

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