civilservant

My experience is I can read the Immigrant and Naturalization Act. Also, I can understand and interpret written English.

Not to mention I have been on this forum for around 6 years and have seen these cases on this board before.

Britwife101

I don't have a life in the UK, i'm back in USA. I have a job here, my family. Can they really keep us apart?

civilservant

They most certainly can keep him from immigrating to the US, and they will. There is NO WAIVER available for his crime. The law is the law, as passed by Congress.

I know this seems unreal, and of course if you want to talk to a lawyer than I would advise you to do so, but what we are saying is correct.

mikelincs

Unfortunately yes, US immigration isn't interested in your situation and what you want, they have a set of rules and they, by law, have to stick to them.

ian-mstm

Correct - but, as you've already read, the US is pretty draconian when it comes to drug offenses.


Since it's not marijuana, the amount is irrelevant.


No.


No.


An attorney won't be able to change the law.


I've been following immigration forums for close to 20 years now. Unless it's for 30g or less of marijuana, there are no waivers available for an immigrant visa where a drug offense is involved. End of story. Full stop.


So long as the plan is to live together in the US - yes, they can.

Ian

BenK91

I'm by no means an expert at all but there is a form on the USCIS website (I did a quick google and I couldn't find it but I'm sure you will) and it lists what you can get a waiver for and what you can't. Class A drugs are listed as something a waiver cannot be obtained for. You can get a waiver for many things - Class A drug offences are not one of them. I'll try and find the document for you.

Rete

I'm sorry that the experts have had to give you that sad information. I can say if only it was marijuana, but it wasn't and saying it doesn't help. We make mistakes in ours lives that we don't foresee the long term consequences of for the future.

You both face some hard decisions at this moment. I understand from his posting in the immigration and visa forum that he is on the second part of the visa process. What is he planning to do at this point? I hope that you decide to make the UK your home. It is difficult to be without family and the familiar when it is that you truly don't want to be away from them and it. At least you have the opportunity to make a new life with your husband in a country where at least the lifestyle is similar to what you are familiar with and the language is almost "the same". Best of luck to you and your husband.

Noorah101

Where did you get married?

Rene

Rete

Curious as to why that matters, Rene. Don't think there is a loophole or is there?

Noorah101

No loophole, I was just curious. I'm guessing on an ESTA visit in the USA, and since he could visit, they thought he could immigrate. I'm also curious whether she knew about the drug offense before they got married and thought about immigrating. Just wondering why this is coming up now, halfway into the visa process, instead of at the time of marriage and planning a life together.

Rene

civilservant

There isn't a loophole I am aware of based on the location/country of marriage. The only way he could immigrate is if he was already a USC - which would obviously mean he was returning home rather than immigrating.

As to the ESTA - he should never have got one. Answering yes to the drug conviction would have been a denial. I wonder if it was declared if he did in fact visit the US?

Noorah101

That's why I was curious.

Rene

Guindalf

I I had to make a (semi-educated) guess, I'm would bet that the thought process was along the lines of...

It was only a caution, therefore it probably won't show up on the police ACRO, so if we don't mention it, it won't be a problem; or...

It's not a big deal, so there's no need to even worry about it; or...

If we don't tell them, they'll never know.

As we all know, none of these options are correct and they are in the position they are now. The advice of making a life in the UK is good. Or, of course, anywhere else in Europe (unless borders are closed following last week's vote!!!!).

Nutmegger

In the other thread, the OH said they had been together three years and "she has moved back to New York," so perhaps their time together has been in the UK (maybe the OP studied there?).

Noorah101

Thanks Nutmegger, I didn't see the other thread.

Rene