Simple caution possession class A drug & Green Card Visa
 

Hi all,
Will a simple caution from UK police on my husband's UK police certificate prevent him from getting a green card?
I am a USA citizen and the petitioner of my husband's (he's a UK citizen) immigration green card visa. We are waiting to receive his UK police certificate. The incident in question occurred in 2010, when he was arrested (in handcuffs), kept overnight at a station, and then released following day with a simple caution for possessing a small amount of cocaine (which wasn't even his). He said he only received one sheet of paper for the incident, no court time, no conviction, nothing like that, only a simple caution. It was his first and only offense, when he was 21. Can anyone please advise what are the implications for the visa process? Have you had similar experience or know of anyone with similar experience?
Cheers!

Re: Simple caution possession class A drug & Green Card Visa
 

There is no such thing as a 'simple caution' in the eyes of US immigration, cautions are, simply, a guilty plea but no court time, and the US immigration will take that as face value. Given that it was for cocaine, then I really suspect it might cause him some serious problems.

Re: Simple caution possession class A drug & Green Card Visa
 

Oh dear! So what do you suggest we do? Is there any hope?

Re: Simple caution possession class A drug & Green Card Visa
 

The US specialists will be along shortly and will have a lot better information.

Re: Simple caution possession class A drug & Green Card Visa
 

There is no waiver available for drug offenses and immigrant visas. He can get a waiver to enter on a non-immigrant visa, but he will never EVER get a Green Card.

I'm sorry I don't have better news, but he should have understood the implications of his actions - especially if (as you claim) it wasn't his. He accepted the caution, he was guilty of the offense. Unfortunately that has life long implications for US immigration who are very draconian when it comes to drug offenders.

He will go all the way to the interview, and be denied at interview due to this crime.

See this thread from recently on the same topic: http://britishexpats.com/forum/marri...record-876725/

Re: Simple caution possession class A drug & Green Card Visa
 

Thanks CS, I thought that was the case, but wasn't certain enough to post that.

Re: Simple caution possession class A drug & Green Card Visa
 

It is a US Holiday today, Independence Day, so others might take a while to get here to reply. However, I do not think this advice is correct. This holds true for those who were thought to be dealers but I'm not sure if that holds for a caution re: drug possession. Having marijuana on your person is one thing but to have cocaine might well be something else entirely. The link that was passed to you was about dealing in drugs, not simple possession.

To the OP, wait a bit for more replies. And fyi, it is not called a green card visa, although it does result in one if approved. ;)

Re: Simple caution possession class A drug & Green Card Visa
 

Possession and distribution have no difference in immigration law Rete.

Re: Simple caution possession class A drug & Green Card Visa
 

There have been immigrants in the past who have had simple possession charges against them from their youth who have successfully gained immigration visas. Those people were caught with marijuana, not cocaine, however and it was a small amount for personal use.

As I stated, I will let more experienced posters advise.

Re: Simple caution possession class A drug & Green Card Visa
 

Yes you are correct with marijuana, less than 30g, and a single offense. That doesn't apply in this case though.... he wasn't a minor, it was pretty recent, and it wasn't marijuana.

INA212(a)(2)(a)(ii) is the appropriate section, since the waiver in INA212(h) does not apply.

Re: Simple caution possession class A drug & Green Card Visa
 

So then what's going to happen? My husnabd and I can't be together? I don't understand!

Re: Simple caution possession class A drug & Green Card Visa
 

In my opinion, he will never be able to obtain an immigrant visa. He can obtain a non-immigrant visa (if a waiver is granted) but he will never be able to live, permanently, in the US.

Re: Simple caution possession class A drug & Green Card Visa
 

To note, this happened 6.5 years ago when he was 21. Before we even met or the thought of him coming here to live. It can't be that every immigrant to this country has a sparkling clean police history? He had much less than 1g. He went to police station today to even get official copy of the police file and they dont even have it because even the Sargaent stated it was probably a slap on the wrist, as simple cautions are. I understand that for the purposes of US law, its seen as a crime, but is there nothing to be done? No waivers, no legal advise to be sought?

Re: Simple caution possession class A drug & Green Card Visa
 

Cocaine is a Schedule 2 controlled substance in the US... very serious, even in tiny amounts. Unfortunately, there is no waiver available for an immigrant visa involving a drug conviction. Sadly, civilservant is correct. Your husband will never get an immigrant visa - and, by extension, he will never get a green card.


You can both be together, yes... but not in the US. I know how shockingly unfair this may seem, but I suggest you get used to your life in the UK - because it's unlikely that your husband will ever get to the US as anything other than a visitor or on a short-term basis.

Ian

Re: Simple caution possession class A drug & Green Card Visa
 

Can i please ask what your experience and opinion is on this matter?