Is parent eligible for I-601 after drug conviction that occurred 20 years ago?

[Spotify 76]

If a parent was caught doing drugs 20 years ago, was arrested/convicted and sentence to some jail time, got out and relapsed and went back to jail (has been clean since for 20 years), would they be eligible for a waiver of admissibility when their child (US citizen) is sponsoring them to the US?  (I'm assuming they would be inadmissible)

 

USCIS probably doesn't care, but I want to add that their criminal records has been expunged in their country.

 

This is definitely not a DIY situation, will inquire with a lawyer, but just wanted to see if there is any hope at all in getting a waiver.

 

Thanks.

Edited March 1 by Spotify

[Boiler 43,690]

Who would be the qualifying relative for the waiver?

[Spotify 76]

26 minutes ago, Boiler said:

Who would be the qualifying relative for the waiver?

 

The father

[Redro 4,601]

5 hours ago, Spotify said:

 

The father

The parent’s father is in the US? 

[Boiler 43,690]

And is a USC or LPR?

[Family 3,549]

Qualifying relative for Waiver has to be spouse or parent..so the U.S.C. child does not work  for I-601 . Don’t confuse the fact that child can file the I-130. 
 

Then the BIG problem that there is NO waiver for controlled substances conviction, exception being 30 grams or less of marijuana . This is where good attorneys make bank by deciphering record of conviction and laws of the land

 

Link is not specific to OP question but on topic 

https://www.uscis.gov/sites/default/files/err/H2 - Waiver of Inadmissibility - Criminal - 212 (h)/Decisions_Issued_in_2021/MAY062021_01H2212.pdf

 

[Family 3,549]

8 minutes ago, Boiler said:

And is a USC or LPR?

In original post it states ‘ USC child’ , so not a qualifying relative for waiver. Needs a spouse or parent relationship to beneficiary father

[Boiler 43,690]

Normally in this sort of situation there is no QR so the rest is moot.

 

Mention of jail time so I am assuming not some wacky backy.

 

Dealing would be a big no no.

[Redro 4,601]

25 minutes ago, Boiler said:

Normally in this sort of situation there is no QR so the rest is moot.

 

Mention of jail time so I am assuming not some wacky backy.

 

Dealing would be a big no no.

Might be some wacky backy depending on country… 

 

[Boiler 43,690]

Let is see what the OP comes back with

[Spotify 76]

5 hours ago, Boiler said:

And is a USC or LPR?

 

5 hours ago, Family said:

In original post it states ‘ USC child’ , so not a qualifying relative for waiver. Needs a spouse or parent relationship to beneficiary father

 

I was confused about the "qualifying relative," I believe in this case, the qualifying relative would be the US citizen daughter.  We might not need the qualifying relative bullet point, if it's been at least 15 years since the activity has made them inadmissible though, no?

 

This is what I found on the I-601 instructions on page 11 out of 21:

 

With the application, you must establish one of the following:

• A. ...
• B. At least 15 years have passed since the activity or event that makes you inadmissible, you have been rehabilitated, and your admission to the United States will not be contrary to the national welfare, safety, or security;
• C. Your qualifying U.S. citizen, lawful permanent resident relative (spouse, son, daughter, parent), or K visa petitioner would experience extreme hardship if you were denied admission;

 

Now, moving on to the drug conviction, I found out this morning and it sounds like the drug wasn't marijuana and was one of the injectable drugs, we don't know which one it was.  Does that mean an instant no waiver then?

Edited March 1 by Spotify

[Spotify 76]

5 hours ago, Family said:

Qualifying relative for Waiver has to be spouse or parent..so the U.S.C. child does not work  for I-601 . Don’t confuse the fact that child can file the I-130. 
 

Then the BIG problem that there is NO waiver for controlled substances conviction, exception being 30 grams or less of marijuana . This is where good attorneys make bank by deciphering record of conviction and laws of the land

 

Link is not specific to OP question but on topic 

https://www.uscis.gov/sites/default/files/err/H2 - Waiver of Inadmissibility - Criminal - 212 (h)/Decisions_Issued_in_2021/MAY062021_01H2212.pdf

 

 

Thanks for that appeal case link.  Am I reading it correctly that the applicant in that case doesn't need a waiver anymore since their criminal record doesn't state what drug it was?  They are eligible to immigrate to the US?

[Boiler 43,690]

Without knowing the details impossible  to comment 

[Family 3,549]

1 hour ago, Spotify said:

 

Thanks for that appeal case link.  Am I reading it correctly that the applicant in that case doesn't need a waiver anymore since their criminal record doesn't state what drug it was?  They are eligible to immigrate to the US?

You did read it correctly…conviction record only contained ref to “ white pasty residue “

But your fellow does NOT have a qualifying relative ( USC daughter not a QR)…so he is not eligible 

 

 

 

Edited March 1 by Family

[Family 3,549]

2 hours ago, Spotify said:

I was confused about the "qualifying relative," I believe in this case, the qualifying relative would be the US citizen daughter

No . USC daughter does not work for this .