Simple caution possession class A drug & Green Card Visa
Jul 4th 2016, 4:49 pm
#31
Just Joined
Thread Starter
Joined: Jul 2016
Posts: 11
Re: Simple caution possession class A drug & Green Card Visa
Thanks again all!
I moved to UK to work. We met in Liverpool. We got married in April, I moved back to USA in mid-april, my husband came along with me for a bit and then went back to UK.
My petition for his visa application was approved and he only recently received his case number.
I moved to UK to work. We met in Liverpool. We got married in April, I moved back to USA in mid-april, my husband came along with me for a bit and then went back to UK.
My petition for his visa application was approved and he only recently received his case number.
Jul 4th 2016, 4:52 pm
#32
Conditional Resident
Joined: Apr 2016
Location: IL
Posts: 184
Re: Simple caution possession class A drug & Green Card Visa
Before you give up all hope, why not wait and see what is actually on the police certificate you receive, if it's no trace you better thanks the gods
Jul 4th 2016, 4:52 pm
#33
MODERATOR
Joined: Apr 2003
Location: Phoenix, Arizona
Posts: 58,679
Re: Simple caution possession class A drug & Green Card Visa
It's good that you've already experienced life in the UK, as it sounds like that's where you'll be living.
Rene
Rene
Jul 4th 2016, 4:53 pm
#34
Concierge
Joined: Apr 2001
Posts: 46,416
Re: Simple caution possession class A drug & Green Card Visa
Thanks, Rene. My thoughts exactly, CS. and G. It is easy to understand why someone would give the arrest and subsequent caution another thought. It does seem so inconsequential from a British point of view and if were to happen here in the US, it probably would have been a none thought in applying for a visa to visit a country that required a USC to either need a visa or something like the ESTA.
Perhaps sometime in the future the immigration laws will change when it comes to this type of 'problem', i.e. cautions for small amounts of personal use drugs.
I often wonder just how many immigrants who know about the need for the ACRO report have crossed the border and applied for adjustment of status based on marriage to a USC spontaneously since getting an ACRO report is not a requirement if adjusting status inside the US in this manner. For me the threat of one day this being known to the USCIS and of being stripped of my PR status and deported would be enough to make me NOT do this.
Perhaps sometime in the future the immigration laws will change when it comes to this type of 'problem', i.e. cautions for small amounts of personal use drugs.
I often wonder just how many immigrants who know about the need for the ACRO report have crossed the border and applied for adjustment of status based on marriage to a USC spontaneously since getting an ACRO report is not a requirement if adjusting status inside the US in this manner. For me the threat of one day this being known to the USCIS and of being stripped of my PR status and deported would be enough to make me NOT do this.
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
Rene
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?
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?
Last edited by Rete; Jul 4th 2016 at 4:55 pm.
Jul 4th 2016, 4:53 pm
#35
MODERATOR
Joined: Apr 2003
Location: Phoenix, Arizona
Posts: 58,679
Re: Simple caution possession class A drug & Green Card Visa
Rene
Jul 4th 2016, 4:57 pm
#36
Account Closed
Joined: Aug 2002
Location: Kentucky
Posts: 38,865
Re: Simple caution possession class A drug & Green Card Visa
My petition for his visa application was approved and he only recently received his case number.
Please understand that while we are sympathetic to your situation, there is nothing that can be done to undo what has already been done. US immigration is most unforgiving in these situations. Sorry!
Ian
Jul 4th 2016, 5:00 pm
#37
Concierge
Joined: Apr 2001
Posts: 46,416
Re: Simple caution possession class A drug & Green Card Visa
His thread in the immigration forum said it showed up on his ACRO. Would you be suggesting that if it hadn't shown up that he should lie about it when continuing the visa process? Clearly that would be a case of intentional misrepresentation.
Jul 4th 2016, 5:00 pm
#38
Account Closed
Joined: Aug 2002
Location: Kentucky
Posts: 38,865
Re: Simple caution possession class A drug & Green Card Visa
Ian
Jul 4th 2016, 5:57 pm
#39
Conditional Resident
Joined: Apr 2016
Location: IL
Posts: 184
Re: Simple caution possession class A drug & Green Card Visa
Hadn't seen the 2nd thread so was under the impression they didn't have it from ops opening post and without that would have just been guess work knowing if the caution had been formally recorded or was just a verbal don't do it again caution
Jul 4th 2016, 6:04 pm
#40
MODERATOR
Joined: Apr 2003
Location: Phoenix, Arizona
Posts: 58,679
Re: Simple caution possession class A drug & Green Card Visa
Rene
Jul 4th 2016, 6:28 pm
#41
Account Closed
Joined: Mar 2004
Posts: 2
Re: Simple caution possession class A drug & Green Card Visa
I hve seen quite a fe similar cases, no waiver available.
Jul 4th 2016, 6:51 pm
#42
BE Forum Addict
Joined: Sep 2011
Posts: 2,903
Re: Simple caution possession class A drug & Green Card Visa
Please consider the consequences of your replies in future. Thanks.
Jul 4th 2016, 7:54 pm
#44
Account Closed
Joined: Jun 2011
Location: UK
Posts: 4,891
Re: Simple caution possession class A drug & Green Card Visa
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.
Grounds of Inadmissibility and Immigration Waivers Chart
To the OP, please take a look at the link above. It indeed shows that, sadly for you and your husband's circumstances, he cannot ever qualify for an immigrant visa having committed an offence of possessing cocaine.
Jul 4th 2016, 8:10 pm
#45
Just Joined
Thread Starter
Joined: Jul 2016
Posts: 11
Re: Simple caution possession class A drug & Green Card Visa
Thanks so much for this, but what about this:
Controlled Substance Violators
(INA 212(a)(2)(A)(i)(II));
(9 FAM 40.21(b)) INA 212(d)(3)(A) waiver is available.
Factors to consider in deciding whether to recommend the waiver include the nature and date of the offense, possible rehabilitation of the alien’s character, and the necessity for, or urgency of, the alien’s proposed trip to the United States.
This seems different to code INA (212) (h), which is limited to marijuana?
I've struggled to find one in the revised FAM, but the following link from another source contains the exact same information:
Grounds of Inadmissibility and Immigration Waivers Chart
To the OP, please take a look at the link above. It indeed shows that, sadly for you and your husband's circumstances, he cannot ever qualify for an immigrant visa having committed an offence of possessing cocaine.
Controlled Substance Violators
(INA 212(a)(2)(A)(i)(II));
(9 FAM 40.21(b)) INA 212(d)(3)(A) waiver is available.
Factors to consider in deciding whether to recommend the waiver include the nature and date of the offense, possible rehabilitation of the alien’s character, and the necessity for, or urgency of, the alien’s proposed trip to the United States.
This seems different to code INA (212) (h), which is limited to marijuana?
I've struggled to find one in the revised FAM, but the following link from another source contains the exact same information:
Grounds of Inadmissibility and Immigration Waivers Chart
To the OP, please take a look at the link above. It indeed shows that, sadly for you and your husband's circumstances, he cannot ever qualify for an immigrant visa having committed an offence of possessing cocaine.