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Hello the applicant who is us citizen has 2 possession charges one from 2002 the other from 2010 in the state of Pennsylvania. The charge in 2010 with simple possession has a possession with intent to deliver manufacture controlled substance charge. Is this considered trafficking and an automatic denial if we apply for the k1 visa?

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1 hour ago, Mystique19 said:

Hello the applicant who is us citizen has 2 possession charges one from 2002 the other from 2010 in the state of Pennsylvania. The charge in 2010 with simple possession has a possession with intent to deliver manufacture controlled substance charge. Is this considered trafficking and an automatic denial if we apply for the k1 visa?

I'm not a lawyer but if we are going off the petition, I think the applicant will be okay.  That's 2 possession charges and wasn't charged with drug trafficking. 

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You will need to be prepared with certified copies of judgements/sentences/orders etc  of the cases or certification that there are no records found.   It will come up later.  Also the fiancee needs to know all about the charges and outcomes and expect to be questioned about it at the interview.

 

Criminal records in spousal visas are (generally) less of an issue. If you are afraid the K1 will be denied file for a CR1.  A K1 cannot be appealed whereas a CR1 can be appealed.


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Two convictions for the same type of crime suggests a blatant disregard for the law. We can all make a mistake, get involved with the wrong crowd, find ourselves in a situation that gets out of control but to be convicted of the same thing twice is much harder to pass off as a mistake. 

 

As the beneficiary, you will need to make sure you know all the facts of the case, not from the petitioner but from the official court documents. My husband was convicted of a felony 20 years before I met him but I was questioned about it at the interview. Expect that you will be subjected to the same process. Expect to be questioned not only about the facts but how you feel about being with someone who so obviously ignores the laws of the land. 

Edited by JFH

 

 

 

 

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