Denied visa possesion of marijuana

[kid1412 62]

2 hours ago, Going through said:

There's nothing a lawyer can do to change immigration laws---or make him suddenly admissible where there is no waiver available for his charges.

—> Right, however, inadmissibility is a determination by the CO and can be reversed/vacated if pointed out that it was a mistake in the first place. Of course it depends on what this drug charge is which it seems we do not have enough information about. All I’m saying is there were cases in the past where inadmissibilities were raised (wrongfully) and a carefully  drafted legal response and motion to reconsider with legal precedents and facts can convince the Consulate to rescind the admissibilities. Is it a long shot? Hell yeah, it’s a hail Mary. But it works sometimes. What does he have to lose?

 

 

[Boiler 43,434]

I assumed that the interview report was third hand and exactly how it went does not really matter, he served time which suggested it was of consequence but we do not know which country is involved could be material.

 

Obviously a consultation with a competent Immigration Lawyer is in order to confirm, be aware of any snake oil type that promises you something that they can not deliver but will happily take her money.

[debbiedoo 2,339]

with a conviction for trafficking, i wouldn't hold my breath.

 

You may want to start to looking into what you need to do to move there.

[EM_Vandaveer 2,369]

Definitely need more info about the exact nature of the charge & conviction.

Edited October 20, 2018 by EM_Vandaveer

[Going through 5,668]

4 hours ago, kid1412 said:

All I’m saying is there were cases in the past where inadmissibilities were raised (wrongfully) and a carefully  drafted legal response and motion to reconsider with legal precedents and facts can convince the Consulate to rescind the admissibilities. Is it a long shot? Hell yeah, it’s a hail Mary. But it works sometimes. What does he have to lose?

That's why I brought up the part about Post-Conviction Relief in the second half of my original statement on page 1 (the part not quoted by you)---which would be a legal response for challenging a CO's denial/motion to reconsider.   Since he's already been convicted (with time served), he'll have to try PCR to nullify the previously recorded disposition.

 

Here is the second half of my original statement: " If he's already been convicted of the trafficking charge (and seems like he has) in certain circumstances (ie. less than 30g possession)  he may be able to get what's called Post-Conviction Relief---- for example requesting the charges be vacated, or claiming an ineffective lawyer at the time of his trial.  If Post-Conviction Relief is actually granted, then he may be able to challenge the CO's decision.  It's a long-shot at best, though, to be honest."

 

 If I thought the OP had something to lose by trying, I wouldn't have suggested it.  

 

Edited October 20, 2018 by Going through

[Boiler 43,434]

I would assume that the any appeal would have been considered before he served time, and nothing the OP said suggested to me 'he did not do it'.

 

As has been mentioned the Consulate operate under reason to believe.

[Going through 5,668]

Just now, Boiler said:

I would assume that the any appeal would have been considered before he served time, and nothing the OP said suggested to me 'he did not do it'.

 

As has been mentioned the Consulate operate under reason to believe.

Probably.

 

PCR is specifically set up for appealing after time is served, though.   Generally used for financial compensation sought by offenders, not immigration benefits...hence the long-shot part, again, unfortunately.

[Boiler 43,434]

Just now, Going through said:

Probably.

 

PCR is specifically set up for appealing after time is served, though.   Generally used for financial compensation sought by offenders, not immigration benefits...hence the long-shot part, again, unfortunately.

I had not heard of it, and we do not know where the person involved is from. Seems a US thing, maybe elsewhere?

 

If the Consulate still have reason to believe he was trafficking then and pardon etc will be a waste of space.

[belinda63 2,981]

I can't think of a way around this since he has already been convicted unless there is some way to appeal and have the conviction vacated or reduced greatly to possession of less than the waiverable limit. 

Post conviction relief won't help because he will still have the conviction on his record. 

Best they start looking at the requirements for her to move to his country.

[Going through 5,668]

3 minutes ago, Boiler said:

I had not heard of it, and we do not know where the person involved is from. Seems a US thing, maybe elsewhere?

 

If the Consulate still have reason to believe he was trafficking then and pardon etc will be a waste of space.

Agreed.

[NikLR 13,220]

Hope your cousin really enjoys the country her husband is from.  If shes wanting to keep her family intact she likely will have to move there.  

[SusieQQQ 11,584]

1 hour ago, Going through said:

Probably.

 

PCR is specifically set up for appealing after time is served, though.   Generally used for financial compensation sought by offenders, not immigration benefits...hence the long-shot part, again, unfortunately.

I think this is partly why conviction is not necessary for an immigration refusal. 

[Springrain22 427]

18 hours ago, jocaidani said:

she just gave birth ... same day of the denial letter  

Not to be harsh, but she knew what she's dealing with. Move to her is his only option.

I hope she just gave birth... to not another drug trafficking guy?

Edited October 20, 2018 by Springrain22

[kemm360 144]

Such a sad story. Nobody is perfect but it actually pays to be careful about what we do in life and with our names.

 

I pray something work out for the person involved to get with their family in the states ☹️

[SusieQQQ 11,584]

4 minutes ago, kemm360 said:

Such a sad story. Nobody is perfect but it actually pays to be careful about what we do in life and with our names.

 

I pray something work out for the person involved to get with their family in the states ☹️

Agreed no one is perfect, but some things have more serious consequences than others. I just hope this guy was upfront with his now-wife about his past before they got married.