Ginet

I will wait the 6 weeks because I do not want to cause any delays on my part. In my opinion, the denial is not substantiated with facts. Therefore, they are searching for anything they may use to support their denial. Unless, I am completely unaware of other facts pertaining to this. But then again, why would they open it. And ask for more tests if the previous 2 were clean.

My husband was denied a U.S. visa under 212a2C. According to the officer, he was not eligible for a pardon or for an appeal. We are certain that the officer's decision was incorrect as to her "suspicion" for the denial. A few weekdays after the denial, my husband was called by the clinic to re-do a drug test. This is the 2nd surprise drug test he has to do after the initial check-up but the first one after the interview. Undoubtedly, my husband does not do drugs. The reason for the denial is not for drug use, it’s for suspicion of being involved with drug trafficking. My husband was wrongly accused of a crime and found not guilty. The DOS website states that the visa was refused. I called the embassy to become informed that the visa was not refused and it is still open and to call back in 6 weeks when the embassy receives the results.

I contacted a lawyer who finds this scenario odd. I will see him again this Thursday. He advised me to file a FOIA to request my information. Any advice??/

I would suggest that since you are dealing with police/legal matters that in this case you need to contact a lawyer who perhaps specializes with Dominican Republic either because he/she is from there or has dealt with similar situations. Unfortunately you are going to get embassy workers who do not know the ins and outs of his case and you need a lawyer who can help you find ways to circumnavigate documents and their system that may assist in this particular type of case. That would be what I would do in your shoes.

Thanks, I will do just that.

My husband's visa was denied due to being involved in drug trafficking according to the paper we were given that same day at the consulate. However, he wasn't involved but that is not what they wanted to believe. He was arrested and found not guilty. The court document also shows that he had no connection with the drugs found. The only way he was sought out was due to the drugs having been found at his father's residence, my husband who visits his father, and my husband’s uncle who stated to the police that he wants nothing to do with his brother and his nephew because he "does not approve of their lifestyle." Also, the court document states that they were looking for a Colombian, who was staying at my father-in-law's home but they only knew him by a nickname. Evidently, my father-in-law allowed a stranger into his home that left the drugs once he suspected that he was being sought after by the police. After six months awaiting a trial in jail, my husband was found not guilty due to the fact that he did not live in the home as was proven with the search warrant.

Anyway, I thought that we would be able to explain the situation in detail to the consular officer. My husband tried to. He stated to her that he was 6 months in jail before trial because they found drugs in his father's home but that he lived and was raised by another uncle in a town 3 hours away.

The consular officer said that she only needs suspicion that he was involved in drug trafficking and that by him serving 6 months in jail for drugs and by the drugs being found in his father's house, that was enough.

I then explained to her that the 6 months in jail was before trial and that anybody could be wrongfully accused. I asked her if she read the court document and she responded to me that it was in front of her. I asked her again, but did you read it and she gave me the same response. Therefore, she did not educate herself as far as the case was concerned. She proceeded to inform me that there was no pardon or appeal for this issue.

I would like to ask anybody with an objective view to let me know if legitimate "reason to believe" is in the facts of the drug case.

Also, can I appeal and how?

Thanks for the replys. He went today and it was to do the drug test. Basically to pee in a cup. They claim that they forgot to do it before. We are relieved...

My husband, after completing his medical exam on 3/8/13, informs me today that they called him back and want to see him tomorrow at 8 am. Now I am even more nervous and I don't think that I will be sleeping tonight. I hope that it is nothing life threatening. Has anyone been called back from the medical? I guess I will find out tomorrow anyway.

nah your just making yourself worrying dear...remember the law your innocence until proven guilty in his case he was proven NOT guilty so means no criminal record

hey cheer up beside it's valentines day

I will take that and go with that. I am sick of worrying about something that was a thing of the past and cured the way it was supposed to. Thanks

Charged as in accused yes, arrested yes. After trial with lawyers etc found not guilty.

You are right about that, using the correct terminology and such. That is why I am trying to educate myself as much as possible regarding this situation so that I won't face unnecessary problems.

I don't know that they will allow an attorney in the interview but your statement above is inconsistent. Only people actually charged with a crime can be found not guilty. You say there was not sufficient evidence to charge him with a crime. If he was not charged, then he could not be found not guilty. That said, yes, you have reason for concern, for the exact reasons you indicate.

Charged as in accused yes, arrested yes. After trial with lawyers etc found not guilty.

keep us informed on how things turn out for you. my husband was arrested for armed robbery a few years ago and eventually found innocent, his record is clean but i too worry. i talked to a lawyer who's a friend of the family and she said they will most likely respect the judges ruling and it won't be a big issue. maybe it's hard for americans to realize that in a lot of countries caribbean/central america the police can arrest you with absolutely no evidence, they don;t play the same down here. wish you guys good luck. i am having a problem though because the court refuses to give me any records and said they only issue police reports which i already have and it;s clean.

Thank you so much.. Sorry for your situation also.. If I make it through I'm sure you will since their is zero tolerance for any drug related crime in immigration. I will keep you posted on how the interview goes.

One mroe thing to add.

Based on what OP said, he was found not guilty due to the lack of evidence. While his case was dismissed it is different being found not guilty, since he didn't commit the crime. While lack of evidence will give you a not guilty verdict, if new evidence could be found he still can be prosecuted, it doesn't mean that the crime was not commited. I am not trying to scare OP, but he needs to understand a difference and face possible circumstances. It is really all depends on the CO, how he will see it.

Found not guilty due to lack of evidence and reasonable doubt. It was basically heresay. No direct evidence, no admission, just an uncle. I'm no longer worried because it could of been worse, he could of been found guilty of a crime he did not commit. I just know that the COs will have a field day with this one.

9 FAM 40.21(a) N2.3-4 Intentional Distribution of Controlled Substances

(CT:VISA-1810; 02-23-2012)

The Board of Immigration Appeals has determined that a conviction for the intentional distribution of a controlled substance or a conviction for drug

trafficking is now considered to a crime involving moral turpitude. A typical drug statute that would constitute a crime involving moral turpitude is

“possession with intent to distribute.” In order to be a crime involving moral turpitude, a conviction is required, as an ineligibility under INA

212(a)(2)©(1) based only on “reason to believe”, and not a conviction is not a crime involving moral turpitude. The mere possession or use of a controlled substance is not a crime involving moral turpitude.

9 FAM 40.21(a) N5.2 Admissions Relating to Acquittals or Dismissals (TL:VISA-29; 01-12-1990)

An admission by an alien is deemed ineffective with respect to a crime for which the alien has been tried and acquitted, or, for which, charges have

been dismissed by a court.

Look here:

http://www.state.gov/documents/organization/86942.pdf

Oh wow, Thanks for informing me of that statute. It's fairly recent also.

I guess I will truly know the outcome at the interview. I will leave it in God's hands now. This has been too much stress for me. I'll do what best I can, hire a good lawyer etc. I know the odds may be against me. I can appeal a denial or move to DR or both so no worries.

If he has a clear police certificate, how is this going to come up?

Disregard, I just saw that the court transcript was sent to NVC.

There's a question on the DS230 that asks if the beneficiary has ever been arrested for any crime.. The answer is yes. I sent the documents on the advise of an attorney.

IMO- YES bring a lawyer to the interview if you think it will help. The CO in front of you is the person who is going to be deciding whether or not your husband is going to be admissible or not.

You need to do everything in your power to convince them that your husband is not guilty. (and your husbands uncle implemented him in this- #######? Do you have any idea why he would do such a thing? Is there any counter evidence you could bring to the interview to explain why his uncle would implement him in this? A statement from his uncle explaining himself? Taking back his accusation? Kind of like a yeah I told the cops that- it wasnt true- even if he doesnt go as far as to say why he did (saying why would be a +) but even with out the why would be a +)

You kind of have to look at it like this - he needs to prove his innocence all over again to the CO- it doesnt matter that the court found him innocent. The CO can view it as- he got off on a technicality and is still guilty.

He is going to contact a lawyer to assist him. He is going to get those statements after I advised him to after reading this. He will also see what his lawyer has to say after the lawyer reads the court documents. He told me that his uncle was 'scared'.

Thanks for the reassurance..

If you are sure that he was found NOT GUILTY then no problem

But if he had to perform any classes or pay a fine or was put on probation or deferred something he will have a problem.

Is his court problem in the usa? If so he needs to get the arrest expunged or hidden to get jobs in usa.

Immigration will always see every arrest and every result in the usa.

I do not know how it works in other countries

It wasn't in the US. It was in his country, Dominican Republic. His police certificate is clear, he has nothing. He was completely proven not guilty. He has no criminal record, just this court record of the not guilty verdict.

Well...I don't think they will go on mere suspicion. If your husband was found not guilty of all charges, then he should be fine. I really don't think this will prevent him from entering in the long run. It might warrant putting him in AP to do some more research, but I don't think they will deny him. Though it may not be a bad idea to have an attorney with you to make sure USCIS isn't breaking any laws and is treating you fairly.

Thanks, I don't mind AP. But this is what im worried about

© CONTROLLED SUBSTANCE TRAFFICKERS- Any alien who the consular officer or the Attorney General knows or has reason to believe--

I am petitioning my husband. He has had a little, well actually big, legal problem. He told me at first about it, but I didn't think much of it because he told me that he was found not guilty by a judge. The offense is hideous. It’s Drug Trafficking. I didn't think about it affecting our petition until i read the immigration law regarding "reason to believe" you’re a drug trafficker and the complete inadmissibility behind it. We sent in the official court transcript to NVC. I've read the court testimony. They found drugs (cocaine) at my husband's father's home suspected to be of a Colombian who was staying there. My husband's uncle who was there when the police raided his father's house told the authorities that my husband was also involved. So they sought out my husband. The judge declared that my husband didn't live there at the time since during the raid they didn’t find evidence that he lived there and that there was not sufficient evidence to charge him of the crime. So he was found not guilty. My worry is that the immigration officer may not see it as such. They only need mere suspicion and an arrest can do it. I know that my husband was not in any way involved in that. That is the only problem with the law he ever had. I will fight any way possible for him to live with me in the states but it does not look good for us. Do we need an attorney to go with us to the interview? Its next month..

If you have the email then you dont need to wait for the packet by regular mail. Its the same thing. Just print out the email. For K-1 visas its a little bit different regarding packet 4.

Hi. If they requested them specifically then maybe they do need them.. Just give them what they ask for, like that they won't have a reason to delay your application. I don't think that it will cause any problems, the DUIs, for you as the USC. But they do need to investigate. Good LUck

He actually did you a favor by showing his true colors early on. Now he loses more. Move on while you can before he causes you more harm... Nobody deserves a love like that.

My interview is the same day as yours and my wife lives in Santiago. You have the choice of having it delivered or picking it up yourself. You can have it sent to Santiago and again have it delivered or picked it up yourself. I am in the same boat as you. You are going to have to use your gut on this one. I have been told by several people it is faster to pick it up yourself then to have it delivered. Rewmember, they have to schedule the deilvery and then have their delivery person get to you. Are you sure you are going to be home at the exact moment that the delivery person arrives? They won't leave it with ANYONE other then the recipient, not even their spouse. They have to show id before the package is given to them (at least that is how it is SUPPOSE to work). They usually don't give you a delivery date. If they miss you then the package goes back to the DOMEX office and the whole process starts all over again. As for me, I'm picking it up. The choice is yours.

As to the number of days? A friend got his in six days. Another friend took six weeks. No one knows. I have a limited number of vacation days and I am using 5 for the cita. I want to spend as much time with my wife once she gets here. I don't want to leave her alone for 12 hours a day while I am at work right from the start. So, I'm flying in on the 20th, traveling to the capital on the 21st, the cita on the 22nd (Friday), going back to Santiago on the 23rd, and returning home on the 26th. I will be there at the airport to greet her when her plane arrives (unless any VJers care to donate some Jetblue miles to a friend ).

jijiji... I haven't booked my flight yet.. My cita appointment is on the 28th. I have limited vacation days also but there is no way I am missing semana santa in DR. So I'm planning on arriving to DR the 22nd and leaving the 2nd of April.. Flights are kinda expensive now.. My Jetblue points are also low because i vary with airlines lol.. I don't want my husband to travel alone either (It'd be nice to share the experience) but I can't have it all and I can't wait for the unknown number of days or weeks.. I'll be grateful if they approve his visa.

Mine has not been scheduled yet either......this morning lady said "haven't started scheduling yet".

keep your hopes up.. at least they haven't said "march is full," maybe they haven't started with your consulate.

Gods gift, see u in DR we got the same day :-)

How neat! Congrats to both of you!