Question: CR-1 timeline with criminal record
 

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.

Re: Question: CR-1 timeline with criminal record
 

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

Re: Question: CR-1 timeline with criminal record
 

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

This was 15 years ago with a clean record since.

Re: Question: CR-1 timeline with criminal record
 

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

Re: Question: CR-1 timeline with criminal record
 

Thank you as always prompt replies Ian.

Re: Question: CR-1 timeline with criminal record
 

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.

Re: Question: CR-1 timeline with criminal record
 

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

Re: Question: CR-1 timeline with criminal record
 

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.

Re: Question: CR-1 timeline with criminal record
 

Thank you for your reply.

Re: Question: CR-1 timeline with criminal record
 

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?

Re: Question: CR-1 timeline with criminal record
 

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

Re: Question: CR-1 timeline with criminal record
 

Many thanks. Have a lovely evening.
Mrs.

Re: Question: CR-1 timeline with criminal record
 

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

Re: Question: CR-1 timeline with criminal record
 

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

Re: Question: CR-1 timeline with criminal record
 

A private Bill through Congress would be an option.

Allowing Drug Dealers to immigrate falls into the ROFL category.

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

Re: Question: CR-1 timeline with criminal record
 

Specifics are very important.

Re: Question: CR-1 timeline with criminal record
 

So, you claim that suppling drugs isn't dealing???? you have a very different view of the 'supplying' and 'dealing' words than I, or most on this forum would see, and remember that the US has some of the most draconian anti drug immigration requirements in the world I suggest to you that it will probably be seen as drug dealing, but that your only real hope is that you were under 18 at the time and MIGHT just be allowed.

Re: Question: CR-1 timeline with criminal record
 

The exception you quoted only applies to Clause (i)(I), which is:

(I) a crime involving moral turpitude (other than a purely political offense) or an attempt or conspiracy to commit such a crime.

Re: Question: CR-1 timeline with criminal record
 

With respect, these other groups are neither the cause of nor to blame for your current situation.


You were convicted of supplying drugs... by definition, that makes you a dealer. I don't mean to sound harsh, but you can't unspin this with what you believe are semantics.


The exception clause doesn't apply to you because (2)(A)(ii) isn't the applicable statute. The applicable statute is at (2)(C)(i). There is no exception for that.


There are no waivers available for drug offenders. You might not see yourself as a dealer but the US does... and it's their sandbox.

Ian

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

Re: Question: CR-1 timeline with criminal record
 

Yeah we have pretty much come to the conclusion we are ****ed. Only sliver of a chance is the age I was arrested and the life I have been living since.

Mr. JB

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.

Re: Question: CR-1 timeline with criminal record
 

I am not a coffee drinker.

Well I drank one 5 minutes ago, but I am not currently drinking one.

:rofl::rofl:

Re: Question: CR-1 timeline with criminal record
 

Since you ask - if you were a domestic abuser, I'd say yes - because once an abuser, always an abuser. If you were a sober alcoholic, I'd say yes - because once an alcoholic, always an alcoholic.

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

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.

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!

Mr. JB

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?

This is drifting away from the topic...and getting slightly petty lol

Mr. JB

Re: Question: CR-1 timeline with criminal record
 

I looked quickly back over previous threads and see this issue has been repeatedly mentioned and ignored.

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.

Re: Question: CR-1 timeline with criminal record
 

Reducing the situation to one of toddlers soiling themselves doesn't change the law or your situation. You are a convicted drug dealer/supplier call it what you will and you remain so in the eyes of US immigration law. It may not be to your liking and it may not be "fair" in your eyes or anyone elses, but it is a fact. There are a plethora of immigration lawyer offices that have information available to you online. You'll find that they state the very same information that everyone here is trying to give you.

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.

Re: Question: CR-1 timeline with criminal record
 

Mrs. here...
It's not that we have ignored the threads and any advice given...it's that something will contradict, or we'll read something and think, "does this make a difference?". So you must understand that we aren't blatantly ignoring what advice the other kind posters have offered to us.


Additionally, you cannot begin to understand what our family is going through right now. To think that there is no way to permanently be with my husband with the exception of a few intermittent short visits throughout the year...this is pure heartbreak...there are 2 small children involved as well. I don't see how "better off" we'll be in any scenario, even the one you suggest when we should stop wasting our time and money. There appears to be no "better off" for us whatsoever, so please forgive us both if we're grasping at any sliver of hope.

Re: Question: CR-1 timeline with criminal record
 

I participated in some of the past threads, nothing I recollect was contradictory. Nor have I sen anything.

Immigration is a two way street.

Struck me as odd you posted about timelines when there is a much bigger elephant in the room.

Re: Question: CR-1 timeline with criminal record
 

Why can't you immigrate to his country?

Rene

Re: Question: CR-1 timeline with criminal record
 

I have 2 children from a previous relationship. Their father is minimally involved and won't allow them to move as his last stitch effort to be a complete _____. Otherwise, trust me, I'd much rather raise my children in the UK. PLUS Mr and I want to have a child of our own...what kind of situation would that be now???

Re: Question: CR-1 timeline with criminal record
 

I totally understand and sympathise. I know there's a good reason why the law can't have any grey areas, but I also wish they could take a more lenient view towards juvenile stupidity when the person has been a model citizen since.

Re: Question: CR-1 timeline with criminal record
 

Where a father is minimal involved it seems the issue of child support can be a useful bargaining tool.

Re: Question: CR-1 timeline with criminal record
 

I know you're trying to find a solution, so I'll throw this out there and let you decide if it's an avenue you're able to pursue. Is it possible to get a court order to remove the children from US jurisdiction? If so, that would clear the path for you to move to the UK. I've no idea how difficult a path that might be but I'm not sure you have many viable options.

Ian

Re: Question: CR-1 timeline with criminal record
 

How old are the children?

What kind of situation would what be? You mean if you and your current husband have a child now? Nothing would change, you would just have a child whose father lives outside the USA.

Rene

Re: Question: CR-1 timeline with criminal record
 

We've attempted to barter with the minuscule child support in the past and their father resists. The children are 8 & under...and they consider their step-father very much their "daddy"...so this isn't just a romantic situation, but a true family that is being kept apart.

Thank you Ian and others for your sympathy. We will look into any and all avenues possible.

We've seem to come across form I-601 that may be of some help?

Re: Question: CR-1 timeline with criminal record
 

It has come up in your previous threads. But the crime has to be waiverable.

I do not know to what extent the US Courts will be be susceptible to the argument of your family been kept apart, something to talk to your Lawyer about, no doubt varies by State and possible Court/Judge.