Does English Translation Need to be Certified by a Professional?

[Nyla J 7]

On 12/24/2023 at 8:48 PM, pushbrk said:

True but a separate issue. It is my understanding the criminal record is for a step child though.

 

He requested a federal and municipal letter of no criminal record just to go through that motion, thinking it would state the simple possession incident and both came back saying he had NO criminal record. 

So then he went about tracking down his criminal record, which was not easy to do. He finally got it and we're going to upload it even though he has letters saying he has no criminal record. Want to be all the way up front about what happened bc we don't know what records Immigration has access to but the Mexican government issued not 1 but 2 police certificates saying he has NO criminal record.  That's wild.

[Family 3,549]

11 minutes ago, Nyla J said:

He requested a federal and municipal letter of no criminal record just to go through that motion, thinking it would state the simple possession incident and both came back saying he had NO criminal record. 

So then he went about tracking down his criminal record, which was not easy to do. He finally got it and we're going to upload it even though he has letters saying he has no criminal record. Want to be all the way up front about what happened bc we don't know what records Immigration has access to but the Mexican government issued not 1 but 2 police certificates saying he has NO criminal record.  That's wild.

Well ..MX had a funky criminal justice system as it related to drugs with municipalities and states and federales all involved ..

 

But you really need to have them looked at by US immigration attorney with experience …unless YOU scoured the records and are versed in US law too. ..and are sure both the amount and sentence term will fly as a petty offense exception 

 

https://www.wola.org/sites/default/files/downloadable/Drug Policy/2011/WOLATNI-Systems_Overload-mexico-def.pdf

[Nyla J 7]

6 minutes ago, Family said:

Well ..MX had a funky criminal justice system as it related to drugs with municipalities and states and federales all involved ..

 

But you really need to have them looked at by US immigration attorney with experience …unless YOU scoured the records and are versed in US law too. ..and are sure both the amount and sentence term will fly as a petty offense exception 

 

https://www.wola.org/sites/default/files/downloadable/Drug Policy/2011/WOLATNI-Systems_Overload-mexico-def.pdf

I don't know if it will "fly." But what can be done about that? Nothing.  It is what it is. He was 19 and it was 27 grams. No changing that.

The Mexican attorney said its probably not showing up in Mexicos system because it's old and an indiscretion to them.. And the American immigration attorney said that this doesn't qualify for a waiver,  that we have to wait and see what the immigration officer (in all their infinite discretionary glory) tells us at the interview, which can apparently range from No to 1 year of drug testing to Yes to whatever they creatively come up with apparently. 

If it doesn't "fly" what is the suggestion? Do nothing? Nah. He's putting the criminal record in their face and they'll just make a determination and whatever the decision is, we'll just live with it. I'm ready to exit this effing purgatory. 

[Family 3,549]

1 hour ago, Nyla J said:

I don't know if it will "fly." But what can be done about that? Nothing.  It is what it is. He was 19 and it was 27 grams. No changing that.

The Mexican attorney said its probably not showing up in Mexicos system because it's old and an indiscretion to them.. And the American immigration attorney said that this doesn't qualify for a waiver,  that we have to wait and see what the immigration officer (in all their infinite discretionary glory) tells us at the interview, which can apparently range from No to 1 year of drug testing to Yes to whatever they creatively come up with apparently. 

If it doesn't "fly" what is the suggestion? Do nothing? Nah. He's putting the criminal record in their face and they'll just make a determination and whatever the decision is, we'll just live with it. I'm ready to exit this effing purgatory. 

Ay ay que dolor es el Amor 😂 

Woman with a Future found Love with Man with a Past .

 

The MX attorney likely said If Nothing Shows up ..why tell …😂

 

The 27 grams is encouraging ..30 gr being the magic no

 

What was the maximum sentence possible when he was convicted ? 
The link I sent you had tables from 2009 and mentioned a simple possession could end up with anything between 10

montjs to 3 years ..plus at that time only 5 grams allowed for charges as personal use ,.anything over was different . 
 

The US attorney who said no waiver available..is way off. An I-601 is available for the marijuana exception ..if they find inadmissibility. 

A good attorney could have ( after collecting a nice fee) sent your honey to the interview with a G-28 and a Loud Legal Brief arguing for the exception. 
 

Though I empathize with your long wait …your frustration is misdirected 😂 Be mad at Cupid not the Consulate 
 

 

[pushbrk 12,221]

2 hours ago, Nyla J said:

He requested a federal and municipal letter of no criminal record just to go through that motion, thinking it would state the simple possession incident and both came back saying he had NO criminal record. 

So then he went about tracking down his criminal record, which was not easy to do. He finally got it and we're going to upload it even though he has letters saying he has no criminal record. Want to be all the way up front about what happened bc we don't know what records Immigration has access to but the Mexican government issued not 1 but 2 police certificates saying he has NO criminal record.  That's wild.

You're doing the right thing.  His DS260 asked about any arrests.  He answered honestly and is providing the needed record.  There will be questions about this and possible complications, but I predict eventual success, if this is the full story.

[Nyla J 7]

23 hours ago, pushbrk said:

You're doing the right thing.  His DS260 asked about any arrests.  He answered honestly and is providing the needed record.  There will be questions about this and possible complications, but I predict eventual success, if this is the full story.

 

 

Thanks.  This is the full story. No more. No less.

Fingers are crossed. And we've  practiced,  practiced,  practiced. As an attorney I've drilled into him what I do all clients who testify,  only answer the question that is asked.

Listen carefully. Take a beat. Answer the question that is  asked. Be natural but don't be comfortable. 

 

[Nyla J 7]

On 12/27/2023 at 10:00 PM, Family said:

Ay ay que dolor es el Amor 😂 

Woman with a Future found Love with Man with a Past .

 

The MX attorney likely said If Nothing Shows up ..why tell …😂

 

The 27 grams is encouraging ..30 gr being the magic no

 

What was the maximum sentence possible when he was convicted ? 
The link I sent you had tables from 2009 and mentioned a simple possession could end up with anything between 10

montjs to 3 years ..plus at that time only 5 grams allowed for charges as personal use ,.anything over was different . 
 

The US attorney who said no waiver available..is way off. An I-601 is available for the marijuana exception ..if they find inadmissibility. 

A good attorney could have ( after collecting a nice fee) sent your honey to the interview with a G-28 and a Loud Legal Brief arguing for the exception. 
 

Though I empathize with your long wait …your frustration is misdirected 😂 Be mad at Cupid not the Consulate 
 

 

 

 

I do not know what the maximum sentence was for this crime under the law but I do know he was sentenced to 10 months in prison which was suspended in favor of a 2 year probation which he completed. 

[Family 3,549]

1 hour ago, Nyla J said:

 

 

I do not know what the maximum sentence was for this crime under the law but I do know he was sentenced to 10 months in prison which was suspended in favor of a 2 year probation which he completed. 

I like your healthy mindset ..about possible outcomes of interview . Nice set of lawyering skulls too 😂. So

ler me cheer you on as well. 
 

Hopefully the conviction record contains no surprise language /wording and you’ve combed through it. 
 

So let’s wait and see ..here’s some reading in the meantime , note waiver is available. 

 

https://www.ilrc.org/sites/default/files/resources/immigrants_marijuana_may_2021_final.pdf

https://flynnhodkinson.com/inadmissibility-based-on-a-criminal-record-involving-marijuana/

For immigrant applicants, a waiver is only available if the conviction was for simple possession of 30 grams or less of marijuana. A waiver may be granted in one of two situations. First, if it can be shown that a US citizen or LPR spouse, parent, or child would suffer extreme hardship if the applicant was refused a waiver. Alternatively, a waiver may be granted if the offense occurred more than 15 years ago, it can be demonstrated that the applicant has since been “rehabilitated”, and his or her admission to the US would not pose a safety risk.

[Nyla J 7]

10 hours ago, Family said:

I like your healthy mindset ..about possible outcomes of interview . Nice set of lawyering skulls too 😂. So

ler me cheer you on as well. 
 

Hopefully the conviction record contains no surprise language /wording and you’ve combed through it. 
 

So let’s wait and see ..here’s some reading in the meantime , note waiver is available. 

 

https://www.ilrc.org/sites/default/files/resources/immigrants_marijuana_may_2021_final.pdf

https://flynnhodkinson.com/inadmissibility-based-on-a-criminal-record-involving-marijuana/

For immigrant applicants, a waiver is only available if the conviction was for simple possession of 30 grams or less of marijuana. A waiver may be granted in one of two situations. First, if it can be shown that a US citizen or LPR spouse, parent, or child would suffer extreme hardship if the applicant was refused a waiver. Alternatively, a waiver may be granted if the offense occurred more than 15 years ago, it can be demonstrated that the applicant has since been “rehabilitated”, and his or her admission to the US would not pose a safety risk.

 

 

Thank you for the thorough info, the link and the vote of confidence.  The American attorney did mention asserting a hardship in the waiver but he did not say it could be submitted prior to the interview so.... this is good stuff. Fortunately, I haven't retained them so I may consider going elsewhere.  Greatly appreciated. 

[Family 3,549]

1 hour ago, Nyla J said:

 

 

Thank you for the thorough info, the link and the vote of confidence.  The American attorney did mention asserting a hardship in the waiver but he did not say it could be submitted prior to the interview so.... this is good stuff. Fortunately, I haven't retained them so I may consider going elsewhere.  Greatly appreciated. 

Atty was correct in that waiver cannot be submitted prior to interview/finding of inadmissibility/refusal letter w specific sec of law for finding.

 

Keep looking around ..you can try for a cheaper “ evaluation /assessment “ type of consult …maybe even 2 or 3. 
Ira Kurzuban is wrote the leading authority ..he writes the Bible of crimigration. 😂

 

You can hone your skills by reading through USCIS appeals database 

https://www.uscis.gov/administrative-appeals/aao-decisions/aao-non-precedent-decisions

 

and FAM

 

https://fam.state.gov/fam/09FAM/09FAM030204.html