theJBs

25 July 2015: married!!!!!!
13 October 2015: I-130 submitted
17 October 2015: I-130 received by USCIS
7 Nov 2015: NOA1 received
11 April 2016: I-130 approved
12 April 2016: NOA2
18 April 2016: case sent to NVC, awaiting NVC case # to file DS-260

We are trying to create a rough draft plan of what the next 6 months to a year will look like for our family. Mr has a criminal record at the age of 17 for supply class A drugs. He was granted a B2 holiday visa with a waiver. The B2 visa/waiver expires in August 2016. We are curious if we will once again have to go through another waiver process for his CR-1 and if so, how many more months in general should we tack on to the average length of time??? Any insight/feedback is greatly appreciated.

And, yes, we understand that all visa lengths and processes are unique to each couple.

Thank you.

ian-mstm

In his 1st post on BE (7/24/14), he said he was 18. It probably makes a difference!


I'm sure others will correct me if I'm wrong, but my understanding is that there are no immigrant visa waivers possible for drug convictions. There are non-immigrant waivers, yes... but no immigrant waivers.

Ian

theJBs

He was 17 at conviction and served at her majesty's pleasure at 18.

This was 15 years ago with a clean record since.

ian-mstm

Ah - thanks for the clarification.


I understand... I'm not sure it makes a difference! The US is quite draconian when it comes to drug convictions and immigrant visas. As I wrote, hopefully someone will correct me if I'm wrong.

Ian

theJBs

Thank you as always prompt replies Ian.

civilservant

If he is denied under INA 212(a)(1)(A)(iv) then he will not be immigrating to the US. Ever. It cannot be waived. Ian is correct on this one.

theJBs

Do you think an immigration lawyer would be of any help if that is the case?

civilservant

No - there is no waiver available for this. There is nothing you can do. There is nothing a lawyer can do. Except lobby to get the law changed! Wanting to immigrate to the US with drug convictions is not a road leading to happiness!

Consider for a second his criminal record. Class A drugs are the most serious - including heroin, cocaine and the like. Why would the US want him in their country permanently? Visiting is one thing, living there is something different.

theJBs

Thank you for your reply.

theJBs

One last question please, in looking over the DS-260 there is only 1 question that causes concern...and that question pertains to any arrests. Of course, we would select "yes" even though he was arrested at age 17. At that point will we be denied??? or would they schedule an interview date and deny us there?

ian-mstm

Mr. Folinsky once commented about this specifically: "General comment: unfortunately for you, the fact that he was 17 does have an effect."


I don't know for sure, but my guess would be that he'll be denied at the interview.

Ian

theJBs

Many thanks. Have a lovely evening.
Mrs.

civilservant

Agreed with Ian, he will get to the interview and be denied there for being inadmissible.

theJBs

Morning,

Thank you or the clarity. Looks like in 3 or 4 months from now we will be undertaking the (seemingly) extremely expensive process of attempting to have the law changed.

Extremely frustrating considering I haven't been arrested for 15 years, haven't been in 'trouble' for that time too....actually I work very closely with the police in my job as a security patrol dog handler here in the UK 'catching the bad guys' - please chuckle with me at the irony there! ...the frustrating part comes from the literally millions of asylum seekers and Mexican's who enter illegally and then file for AOS and are accepted with no background checks and are given amnesty for their past.

Now....i'm just moaning I know lol....though it does seem extremely unfair to be judged by your mistakes as a child/teenager for the rest of eternity when you can clearly and concisely prove you aren't a 'threat' to society !

I am going to speak with a solicitor on Tuesday (May day bank holiday here in the UK) to rub salt into our wounds lol

Thanks for the quick responses to our questions!

Mr JB

scrubbedexpat099

A private Bill through Congress would be an option.

Allowing Drug Dealers to immigrate falls into the ROFL category.