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Traveling to Florida for holiday - name change by deed poll

Traveling to Florida for holiday - name change by deed poll

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Old Jul 20th 2016, 5:57 pm
  #31  
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Default Re: Traveling to Florida for holiday - name change by deed poll

his new passport has a chip inside full of information ...such as name changes
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Old Jul 21st 2016, 8:27 pm
  #32  
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Default Re: Traveling to Florida for holiday - name change by deed poll

A drug smuggler is not going to get a visa.
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Old Jul 22nd 2016, 2:09 am
  #33  
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Default Re: Traveling to Florida for holiday - name change by deed poll

Originally Posted by Boiler
A drug smuggler is not going to get a visa.
Indeed.

Originally Posted by https://fam.state.gov/fam/09FAM/09FAM030203.html
(U) Aliens who have been convicted of, or admit to commission of, certain statutory offenses that involve moral turpitude are ineligible under INA 212(a)(2)(A)(i)(I).
If you are convicted of a crime of moral turpitude, you are ineligible for any visa or admission. The US Government doesn't want you in the country.

Originally Posted by https://fam.state.gov/fam/09FAM/09FAM030203.html
4) (U) Intentional Distribution of Controlled Substances: 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 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, ...
... and drug trafficking is a crime of moral turpitude.
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Old Jul 22nd 2016, 12:00 pm
  #34  
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Default Re: Traveling to Florida for holiday - name change by deed poll

Originally Posted by cautiousjon
If you are convicted of a crime of moral turpitude, you are ineligible for any visa or admission.
Yes - which is why the waiver of ineligibility exists. There's also a waiver of inadmissibility!


... and drug trafficking is a crime of moral turpitude.
Trafficking is not the same as smuggling (so I'm not sure why you even mentioned it)... although I suspect that both are CIMTs.

I'm not sure what the point of your post was except to highlight that which we and the OP already know!

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Old Jul 22nd 2016, 2:14 pm
  #35  
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Default Re: Traveling to Florida for holiday - name change by deed poll

Originally Posted by ian-mstm
Yes - which is why the waiver of ineligibility exists. There's also a waiver of inadmissibility!

...
Apologies, yes. I thought that the rules around waivers for drug trafficking / smuggling were quite tight... but my post clearly didn't help to clarify that.

Originally Posted by ian-mstm
... Trafficking is not the same as smuggling (so I'm not sure why you even mentioned it)... although I suspect that both are CIMTs. ...
Originally Posted by http://www.wisemantriallaw.com/blog/2012/august/what-is-the-difference-between-drug-trafficking-
Smuggling can be termed as trafficking as it does involve exporting or importing of drugs although there need not be the element of selling or earning money from a smuggling activity.
I've always thought that smuggling can be thought of as trafficking.
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Old Jul 22nd 2016, 4:12 pm
  #36  
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Default Re: Traveling to Florida for holiday - name change by deed poll

Originally Posted by cautiousjon
http://www.wisemantriallaw.com/blog/2012/august/what-is-the-difference-between-drug-trafficking-
The guy sounds like an ambulance chaser!


I've always thought that smuggling can be thought of as trafficking.
My position is that smuggling involves moving goods from place to place while trafficking involves buying and selling, but there may be room for negotiation! It seems a person can do one or the other... or both! Absence a trafficking charge, however, we know only that smuggling was involved.

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Old Jul 22nd 2016, 4:49 pm
  #37  
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Default Re: Traveling to Florida for holiday - name change by deed poll

Originally Posted by ian-mstm
The guy sounds like an ambulance chaser!



My position is that smuggling involves moving goods from place to place while trafficking involves buying and selling, but there may be room for negotiation! It seems a person can do one or the other... or both! Absence a trafficking charge, however, we know only that smuggling was involved.

Ian
Whatever you call it I have seen waivers for possession but not dealing etc.
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Old Jul 22nd 2016, 5:21 pm
  #38  
 
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Default Re: Traveling to Florida for holiday - name change by deed poll

Originally Posted by Boiler
Whatever you call it I have seen waivers for possession but not dealing etc.
The former has a limit, in practice if not in law, of an amount of at most a few ounces. There is an automatic presumption of dealing if the amount is lbs/kgs.
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Old Jul 22nd 2016, 5:55 pm
  #39  
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Default Re: Traveling to Florida for holiday - name change by deed poll

Originally Posted by Boiler
Whatever you call it I have seen waivers for possession but not dealing etc.
True enough... be we have no idea whether dealing was even an issue - and we probably shouldn't make the assumption. The drugs could have been for personal use in which case smuggling involved getting around taxes and tariffs but was not, in and of itself, linked to trafficking. The OP has been silent for a couple of days but perhaps he'll clarify when he returns.

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