Question: CR-1 timeline with criminal record
#16
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Joined: Jul 2014
Posts: 82
Re: Question: CR-1 timeline with criminal record
Specifically, I am a person who was arrested for supplying drugs at 17 and in poison for that crime at 18. I am a person who sold drugs. I am not a drug dealer, I believe the specifics are important...?
There is some hope though and that is on the travel.state.gov website under 'visa ineligibilities' it lists an exception clause under 'Criminal and related grounds.
It states:
(2)(A)(ii) Exception - Clause (i)(l)
The crime was committed when the alien was under 18 years of age, and the crime was committed (and the alien released from any confinement to a prison or correctional institution imposed for the crime) more than 5 years before the date of application for a visa or other documentation and the date of application for admission to the united states or, ......(it then goes onto part (ll) of this exception.
So the specfics such as I am not a drug dealer and the specifics of my age MIGHT actually mean my CR1 interview is successful? What do you think people?
Mr JB
#18
Re: Question: CR-1 timeline with criminal record
I agree....allowing drug dealers to immigrate is laughable...but that isn't me is it.
Specifically, I am a person who was arrested for supplying drugs at 17 and in poison for that crime at 18. I am a person who sold drugs. I am not a drug dealer, I believe the specifics are important...?
There is some hope though and that is on the travel.state.gov website under 'visa ineligibilities' it lists an exception clause under 'Criminal and related grounds.
It states:
(2)(A)(ii) Exception - Clause (i)(l)
The crime was committed when the alien was under 18 years of age, and the crime was committed (and the alien released from any confinement to a prison or correctional institution imposed for the crime) more than 5 years before the date of application for a visa or other documentation and the date of application for admission to the united states or, ......(it then goes onto part (ll) of this exception.
So the specfics such as I am not a drug dealer and the specifics of my age MIGHT actually mean my CR1 interview is successful? What do you think people?
Mr JB
Specifically, I am a person who was arrested for supplying drugs at 17 and in poison for that crime at 18. I am a person who sold drugs. I am not a drug dealer, I believe the specifics are important...?
There is some hope though and that is on the travel.state.gov website under 'visa ineligibilities' it lists an exception clause under 'Criminal and related grounds.
It states:
(2)(A)(ii) Exception - Clause (i)(l)
The crime was committed when the alien was under 18 years of age, and the crime was committed (and the alien released from any confinement to a prison or correctional institution imposed for the crime) more than 5 years before the date of application for a visa or other documentation and the date of application for admission to the united states or, ......(it then goes onto part (ll) of this exception.
So the specfics such as I am not a drug dealer and the specifics of my age MIGHT actually mean my CR1 interview is successful? What do you think people?
Mr JB
#20
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Joined: Aug 2002
Location: Kentucky
Posts: 38,865
Re: Question: CR-1 timeline with criminal record
I agree....allowing drug dealers to immigrate is laughable...but that isn't me is it.
(2)(A)(ii) Exception - Clause (i)(l)
What do you think people?
Ian
#21
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Joined: Jul 2014
Posts: 82
Re: Question: CR-1 timeline with criminal record
I believe you need to re-read my comment. I was replying to the comment ''allowing drug dealers to immigrate...''
...I am not a drug dealer. Those specific words imply I am currently supplying/dealing/selling drugs, or that I have continued to lead that lifestyle....those specific words do not apply to me. Specifically I am someone who sold/dealt/supplied drugs when I was 17.
Let me ask you...if you do something and then ceased that activity for 15 years (and counting)....would you consider it appropriate that you are labelled for that activity for life?
Mr JB
Last edited by theJBs; May 1st 2016 at 2:49 pm.
#22
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Re: Question: CR-1 timeline with criminal record
Mr. JB
#23
Re: Question: CR-1 timeline with criminal record
No I wouldn't, but then I've never been to prison. You must accept that poor choices made back when you were a teenager can and do have a severe impact on your future plans.
I'm afraid I have zero sympathy for you, because you were a drug dealer at the time.
There isn't even that. The statue that your offense falls under is one in which no waiver is available. You life since has zero meaning. None.
I'm afraid I have zero sympathy for you, because you were a drug dealer at the time.
Only sliver of a chance is the age I was arrested and the life I have been living since.
#24
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Joined: Mar 2004
Posts: 2
Re: Question: CR-1 timeline with criminal record
I haven't claimed that supplying isn't dealing and I don't believe I have a different view of the words supplying and/or dealing than you - or anyone else on this forum but please show me - quote me- where I do say this?
I believe you need to re-read my comment. I was replying to the comment ''allowing drug dealers to immigrate...''
...I am not a drug dealer. Those specific words imply I am currently supplying/dealing/selling drugs, or that I have continued to lead that lifestyle....those specific words do not apply to me. Specifically I am someone who sold/dealt/supplied drugs when I was 17.
Let me ask you...if you do something and then ceased that activity for 15 years (and counting)....would you consider it appropriate that you are labelled for that activity for life?
Mr JB
I believe you need to re-read my comment. I was replying to the comment ''allowing drug dealers to immigrate...''
...I am not a drug dealer. Those specific words imply I am currently supplying/dealing/selling drugs, or that I have continued to lead that lifestyle....those specific words do not apply to me. Specifically I am someone who sold/dealt/supplied drugs when I was 17.
Let me ask you...if you do something and then ceased that activity for 15 years (and counting)....would you consider it appropriate that you are labelled for that activity for life?
Mr JB
Well I drank one 5 minutes ago, but I am not currently drinking one.
#25
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Joined: Aug 2002
Location: Kentucky
Posts: 38,865
Re: Question: CR-1 timeline with criminal record
The point here is that you once were a dealer, therefore the potential always exists for you to reoffend... as it does with alcoholics and domestic abusers. The US has seen fit to limit the immigration benefits available for different situations - and in your case, that limit is quite severe.
I can't begin to imagine how difficult and frustrating this must be for you, but semantics isn't going to fix it. I think you know that I am not unsympathetic to your situation, but I am a realist... and the law is pretty black and white about it.
Ian
#26
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Joined: Apr 2015
Location: Florida
Posts: 108
Re: Question: CR-1 timeline with criminal record
It is never my intention to rain on a person's parade because I understand how much migrating means to the folks who embark on it. However, I do not believe in peddling false hope either. The unfortunate reality for your situation is that you will not be eligible for an immigrant visa, not now, not ever.
I have read through some of your other posts and I think you have an unrealistic view of the severity of your situation. You are, in the eyes of the US a convicted drug dealer and that makes you ineligible. Whether you or anyone else thinks that is "fair" or "just" is irrelevant in terms of US law. Whether you or anyone else thinks a conviction however many years ago should not follow you for life, in the US, it does. Period.
What you are asking for when you apply for any form of immigrant visa is the "privilege" of being able to live in the US. It is neither a right or a foregone conclusion when you have a US spouse. Such decisions are bound by existing law and as the law stands you are permanently ineligible for an immigrant visa.
I feel for you and as I said I take no pleasure in raining on your parade but you have to be realistic about this. You are not going to change immigration law, no matter how many lawyers you see or how much you pay them. By all means, if it makes you feel like you have done all you can, consult with a lawyer, but there is no means to overcome this. There is no waiver as there is in the case of non-immigrant visas.
The truth is you clearly made a mistake many years ago that you regret and have not repeated. That is commendable. However, that is of no consequence here. The US do not care. In the view of US immigration, you are requesting a privilege and if you are ineligible for any reason, that privilege will not be extended to you.
If you have a ton of spare money to line an lawyers pocket with no benefit, then by all means give it your best shot, but do not waste money you don't have or send yourself broke on what is a lost cause.
I have read through some of your other posts and I think you have an unrealistic view of the severity of your situation. You are, in the eyes of the US a convicted drug dealer and that makes you ineligible. Whether you or anyone else thinks that is "fair" or "just" is irrelevant in terms of US law. Whether you or anyone else thinks a conviction however many years ago should not follow you for life, in the US, it does. Period.
What you are asking for when you apply for any form of immigrant visa is the "privilege" of being able to live in the US. It is neither a right or a foregone conclusion when you have a US spouse. Such decisions are bound by existing law and as the law stands you are permanently ineligible for an immigrant visa.
I feel for you and as I said I take no pleasure in raining on your parade but you have to be realistic about this. You are not going to change immigration law, no matter how many lawyers you see or how much you pay them. By all means, if it makes you feel like you have done all you can, consult with a lawyer, but there is no means to overcome this. There is no waiver as there is in the case of non-immigrant visas.
The truth is you clearly made a mistake many years ago that you regret and have not repeated. That is commendable. However, that is of no consequence here. The US do not care. In the view of US immigration, you are requesting a privilege and if you are ineligible for any reason, that privilege will not be extended to you.
If you have a ton of spare money to line an lawyers pocket with no benefit, then by all means give it your best shot, but do not waste money you don't have or send yourself broke on what is a lost cause.
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.
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.
#27
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Thread Starter
Joined: Jul 2014
Posts: 82
Re: Question: CR-1 timeline with criminal record
No I wouldn't, but then I've never been to prison. You must accept that poor choices made back when you were a teenager can and do have a severe impact on your future plans.
I'm afraid I have zero sympathy for you, because you were a drug dealer at the time.
There isn't even that. The statue that your offense falls under is one in which no waiver is available. You life since has zero meaning. None.
I'm afraid I have zero sympathy for you, because you were a drug dealer at the time.
There isn't even that. The statue that your offense falls under is one in which no waiver is available. You life since has zero meaning. None.
Mr. JB
#28
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Joined: Jul 2014
Posts: 82
Re: Question: CR-1 timeline with criminal record
...or maybe you do lol...because meh, 5 minutes, 15 years whats the difference?
This is drifting away from the topic...and getting slightly petty lol
Mr. JB
Last edited by theJBs; May 1st 2016 at 3:27 pm.
#29
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Joined: Mar 2004
Posts: 2
Re: Question: CR-1 timeline with criminal record
There is a difference between 5 minutes and 15 years....I suspect you soiled yourself when you were 2 year old....but you wouldn't consider yourself as someone who could be classed as 'one who soils himself'....
...or maybe you do lol...because meh, 5 minutes, 15 years whats the difference?
...or maybe you do lol...because meh, 5 minutes, 15 years whats the difference?
So I am sure you will just carry on ignoring these comments.
As an aside soiling oneself at 2 does not ban you from immigrating to the US.
#30
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Joined: Apr 2015
Location: Florida
Posts: 108
Re: Question: CR-1 timeline with criminal record
Believe me, I have accepted the poor choices I made as a teenager/minor and the impact those choices have had on my life in the past, present and future. My path now is not to deny the impact of those choices but to see what is possible with them....and...It is not sympathy I seek but a immigrant visa to the USA lol!
With respect, you clearly haven't accepted that your poor choices as it pertains to your migration to the US. That would involve you accepting that you have no viable way to get an immigrant visa.
Mr. JB
With respect, you clearly haven't accepted that your poor choices as it pertains to your migration to the US. That would involve you accepting that you have no viable way to get an immigrant visa.
Mr. JB
There is a difference between 5 minutes and 15 years....I suspect you soiled yourself when you were 2 year old....but you wouldn't consider yourself as someone who could be classed as 'one who soils himself'....
...or maybe you do lol...because meh, 5 minutes, 15 years whats the difference?
This is drifting away from the topic...and getting slightly petty lol
Mr. JB
...or maybe you do lol...because meh, 5 minutes, 15 years whats the difference?
This is drifting away from the topic...and getting slightly petty lol
Mr. JB
Not liking it doesn't make it inaccurate, but the sooner you stop wasting your time and money on this the better off you will be. There is no waiver for supply of Class A drugs. Period.