theJBs

Me again....

USC & UKC fell in love, UKC (with criminal record) filed for a B2 holiday visa waiver (approved and received visa), and finally married last month.

We are beginning the CR-1 process and are simply waiting to receive our certified/apostille stamped marriage certificate to have my (USC) name, passport, banking account changed, etc.

In your very experienced opinions, do we need to hire an immigration attorney since my beloved UKC husband has a criminal record from when he was 17 (class a drug conviction)??? He has had a clear history since then...no arrests, no illegal activity, nothing.

Thank you in advance so very much!

civilservant

He has already had a visa, and received a waiver.

In my view he doesn't need to retain an attorney, since all the information (SAR etc) would presumably still be valid - and he did not come under the petty offense exception, or he wouldn't have needed the waiver.

rpjs

Hmm, aren't drug convictions rather more of an issue for immigrant visas than non-immigrant? That said, it having been when he was a minor should be a big factor in his favour.

As is often said on this forum, a one-time consulation witha lawyer might be a good idea.

S Folinsky

Legal consultation is in order. Attorney should see all the conviction records.

When I was in practice I had a UK client with a drug conviction from when she was 18 and married to a American Citizen. She was quite good at what she did and obtained a series of O-1 NON-immigrant visas and concomitant waivers. There was no way to obtain a green card for her.

A careful legal review will lay out the options.