Denied visa possesion of marijuana

[Illiria 980]

2 hours ago, Springrain22 said:

she knew what she's dealing with.

She might not have, I could conceive of her and her family being told of the possession charge which can be waived and not the trafficking charge which cannot it with this info only coming out in the refusal. I mean we have seen it happen the other way round with a beneficiary being blindsided by a conviction of the US citizen at the interview.

 

Not saying that this is the case here but we shouldn’t assume she knew everything either. 

Edited October 21, 2018 by Illiria

[Boiler 43,426]

Total guess who knows what.

[TNJ17 1,329]

Yeah unfortunately that’s the end of the road there. She will have to move. 

[jocaidani 0]

She did consult with couple of lawyers and was aware the entire time that he was accused of trafficking drugs.  They just had hope that it would work since he served his sentence it happened a while back.  They were honest and did not want to try covering it up.. No lawyer is willing to take the case at this point..she has couple of more she is going to consult with.. one of the lawyers said she could only try and write a letter to the US embassy in Bosnia and Herzegovina explaining the situation that they have a new born ...bla bla  and if it works it works.. if it does not, it is what it is. 

[geowrian 22,335]

Thanks for the update.

 

A letter about a newborn won't change anything, sorry. They can't eliminate an inadmissibility due to anything unrelated to the inadmissibility. Focusing on getting the charges for which he was convicted lessened is the only realistic chance I see here...and even that is no guarantee as immigration looks at the events and not necessarily how it is prosecuted in a foreign country.

[CEE53147 559]

Divorce is certainly an alternative - and likely the best for her and her child. 

[jocaidani 0]

this is what happened...maybe after reading some of you may have a better input.. 😕 

[Unlockable 7,306]

30 minutes ago, jocaidani said:

this is what happened...maybe after reading some of you may have a better input.. 😕 

I don't think anyone here could add anymore to what was already said. This letter confirms that he was convicted of a drug offense. As you may now know, this is difficult to overcome. You said it yourself that they have consulted lawyers that told them there is nothing that could be done. I have said this before but one of the harsh truths about immigration is that not everyone will be able to achieve it. To move forward with this case they would need a LOT of resources (money, time, etc).

 

Like previously mentioned, they would have to start at the root of the problem which is the drug conviction. If they can get that conviction expunged if that is even possible. And I really don't think she knew what she was dealing with. I cringed when I read " They just had hope that it would work". If hope was part of the process then there would never be any denials. Everybody hopes for something.

 

Honestly, there is nothing more they can do immigration wise. Your cousin can fight it with the knowledge of it taking a lot of money. Or move and live with her husband in another country.

[kid1412 62]

Honestly I don’t think he’s gonna be able to get out of this one. It’s not like he was smoking a couple of joints with his buddies or something. He was selling drug, apparently near a playground? With children around? To be “blunt”  , I think he deserved what he got. The system works and we prevented one drug dealer from entering this country. 

Edited October 24, 2018 by kid1412

[SusieQQQ 11,584]

51 minutes ago, jocaidani said:

this is what happened...maybe after reading some of you may have a better input.. 😕 

The first one and a half lines already tell you he has a non-waiverable, permanent inadmissibility.  The only drug waiver available is for a one time possession of a small amount (I think <30g) of marijuana. This is clearly way beyond any of that.

 

[Boiler 43,426]

Immigration is a 2 way street, now I have been to Bosnia a few times and that is a positive, I have no idea about their Immigration policies and whether that would be an issue sponsoring her.

[SusieQQQ 11,584]

44 minutes ago, NuestraUnion said:

I don't think anyone here could add anymore to what was already said. This letter confirms that he was convicted of a drug offense. As you may now know, this is difficult to overcome. You said it yourself that they have consulted lawyers that told them there is nothing that could be done. I have said this before but one of the harsh truths about immigration is that not everyone will be able to achieve it. To move forward with this case they would need a LOT of resources (money, time, etc).

 

Like previously mentioned, they would have to start at the root of the problem which is the drug conviction. If they can get that conviction expunged if that is even possible. And I really don't think she knew what she was dealing with. I cringed when I read " They just had hope that it would work". If hope was part of the process then there would never be any denials. Everybody hopes for something.

 

Honestly, there is nothing more they can do immigration wise. Your cousin can fight it with the knowledge of it taking a lot of money. Or move and live with her husband in another country.

They would have to not only expunge the conviction, but convince the CO that he was actually totally innocent of this to begin with. As long as the CO “believes” the offense happened, the inadmissibility stands.

[jocaidani 0]

32 minutes ago, SusieQQQ said:

The first one and a half lines already tell you he has a non-waiverable, permanent inadmissibility.  The only drug waiver available is for a one time possession of a small amount (I think <30g) of marijuana. This is clearly way beyond any of that.

 

I know the conviction sounds very harsh. The playground is near a school that has been abondened long ago.no kids around .. Police/court offices in Bosnia are very corrupt and many times they will force you to admit something you havent even commited. They never actually caught him selling.. he was convicted based on he said she said unfortunently. He was literally told if he admits he will stay in jail for 4 months and if he does not.. he may fight the case and may stay in jail for 2-5yrs until resolved? . At this time he did not kno his wife ..admitted it .. nvr thght he wld meet someone across overseas but it came back and bit him real good now..its like u having a blunt and sharing and ur friend and ur friend gets caught and says u sold it..nobody is gnna believe that u didnt hard to prove. Dats what actually happened .. Honestly i think he needs to deal with this drug conviction w a lawyer back in his country to be either exponged or even get a lawyer for a lawsuit that he was FORCED to admit things. Bosnia is a  beautiful country but the system is very corrupt. 😒But at the end of the day,  immigration officers care whats on the paper. 

[Boiler 43,426]

8 minutes ago, jocaidani said:

I know the conviction sounds very harsh. The playground is near a school that has been abondened long ago.no kids around .. Police/court offices in Bosnia are very corrupt and many times they will force you to admit something you havent even commited. They never actually caught him selling.. he was convicted based on he said she said unfortunently. He was literally told if he admits he will stay in jail for 4 months and if he does not.. he may fight the case and may stay in jail for 2-5yrs until resolved? . At this time he did not kno his wife ..admitted it .. nvr thght he wld meet someone across overseas but it came back and bit him real good now..its like u having a blunt and sharing and ur friend and ur friend gets caught and says u sold it..nobody is gnna believe that u didnt hard to prove. Dats what actually happened .. Honestly i think he needs to deal with this drug conviction w a lawyer back in his country to be either exponged or even get a lawyer for a lawsuit that he was FORCED to admit things. Bosnia is a  beautiful country but the system is very corrupt. 😒But at the end of the day,  immigration officers care whats on the paper. 

To be honest he has more chance with the MegaMillions than get a US Visa.

 

She needs to move.

[NigeriaorBust 4,087]

  Expunging doesn't really help.  The form asks if you were ever arrested, charged with , convicted.  The expunging doesn't get rid of the ever arrested/charged portion  it only "hides" the conviction.