QuantumPrincess

hi

i've just lost several hours sleep on this matter (quite alot of that on this forum)

ok here's the problem. Sometime within the next year I'm suppost to be going to see my hopefully soon to be fiance . I just started planning this a few days ago and have hit a big problem when it has come to a visa.

About feburary 07, when i was 18, i was cautioned for possession of a class A drug. Originally i thought this would be no problem, that i would just not be able to use the waiver program and would need to apply for a travel visa and attend an interview. That was before i found this forum.

I've read so much about it now that i'm not even sure it's worth the cost of a consultation with an immigration attorney, a trip to London and of course the fee for the visa application.

I could do all of the usual stuff now and downplay my guilt to make myself feel better but i know that won't help. I realise that this is going to effect my chances because of how serious the caution is but i have a few questions on the matter. How could obtaining an attorney benefit me in persuing my case, what is the proccess of application and how good are my chances.

I know that nothing can be said for certain but really I'm just looking for some reassurances before i embark on the long and costly process of doing this.

If anyone else has had to go through a similar process to this, i'd love to hear how your's went as this would help me out alot.



One last question. If i decide that it isn't viable to even try; how do i tell my fiance to be and not get killed

crg

Cautions, which don't afford the individual the same due process as actual court proceedings, don't automatically count the same as a conviction or admission of guilt when it comes to US immigration law. I wouldn't say that the door to the US has slammed shut for you.

However, since you have so much riding on this I would not try to do this process without qualified legal assistance. You don't want to make any avoidable mistakes.

ian-mstm

Well, a Class-A drug conviction would make you inadmissible... but, generally speaking, a caution is not a conviction for immigration purposes. Regardless, there is a "Waiver of Inadmissibility" but you do *not* want to do this by yourself. You need professional help on this one... it isn't a DIY project. Get a lawyer who has experience with WoI filings - very few do, so you'll need to search around.

Ian

discoviking

http://immigrate2us.net/ has quite a bit of waiver related information and a list of recommended attorneys familiar with the waiver process.

Englishman in Eugene

I just checked my Police Certificate, which is one of the documents you are required to provide at your interview for an immigration visa.

Mine says "No Trace" which is of course what everybody would like to see, but the certificate has the following line, in capitals, bold and underlined:

SUMMARY OF CONVICTIONS AND REPRIMANDS/WARNINGS/CAUTIONS IN ACCORDANCE WITH THE RETENTION GUIDELINES AND STEPDOWN MODEL

Your certificate, should you obtain one through your local Police Office, would have a record of your caution.

So far so bad. If you can provide evidence that you are no longer involved with class A drugs and that the caution has worked in so far as it has convinced you that possessing Class A drugs is a bad idea, this might possibly help. If you use your experience to help persuade other young people not to use drugs, this might also work in your favour.

As everyone has said, get proper advice from a qualified legal practitioner.

If you can't get a visa to go to the US, your boyfriend can still come to the UK and marry you here.

QuantumPrincess

Thanks for the great and fast responces.


I think after reading this i will try for it, what's the worst that can happen.
Does anyone know where i can find a good professional to assist in the matter and does anyone know how much it approximately costs?


Englishman in Eugene, you say it may help if i can provide evidence that i am no longer involved in this sort of thing. Do you have any idea what i should be trying to put together for this evidence? A few things immedietly spring to mind as i was just in the process of being diagnosed with high functioning autism at the time I was cautioned and since then have attended a course for people with similar conditions which base was to help deal with the condition. Personall i see this as being a big changing point in my life when i stopped doing the stupid things that i did as a kid but I'm not sure how i could prove it.
I even went as far to assist on the police training whilst doing that which i would say definately shows atleast to some extent that i have changed.
I guess what I am saying is I'm not sure what other evidence i could gather to support the fact that I will not do it again.

thanks again for the help


oh and I'm a guy QuantumPrincess is just her nickname for me

meauxna

Of course you should go for it; you have no idea yet what you're up against, or what is possible.
I recommend that you read the 2 pinned topics by JCraigFong; even if they are not directly discussing your type of case, they'll help you get a context and feel for the arena you'll be playing in.

Someone planning for a plain vanilla K-1 should budget at least $2000 for getting over here + settled (plus travel & wedding costs). You may wind up spending that much again for the legal help you'd need to get here.

It's way too early to worry about cost; you need to have your entire situation evaluated first.
In order to do that, you should try to learn a little bit of lingo, and the structure of US immigration so you will understand the information in your consultation. Start with a consultation, and expect to pay $100-$200 or so for that service.
You can work with US immigration attorneys in the US via phone and email; hiring someone locally will be very expensive. DO NOT hire visa service agencies or anything other than your own US immigration attorney.

ian-mstm

With all due respect, and even though you note that it's a pivotal point in your life, it's irrelevant where US immigration is concerned.


Again, with respect, this was less than 3 years ago. You're up against US laws with respect to drugs - and, unlike the UK, the US laws dealing with possession are downright Draconian.

As I suggested before, you need professional help with this. Good luck to you.

Ian

ian-mstm

It's not as simple as that... it's not just a matter of where they marry. They're looking at living together in the same country. If he can't get a waivier to enter and live in the US, it's unclear whether his USC fiancee/wife would be willing or able to live in the UK.

Ian

QuantumPrincess

I suspected as much but i am unsure what i could possibly show as evidence that i have 'changed'. The only thing that immediately came to me was things to show my reasons for the change.


Again thanks for the great help everyone

crg

The advice provided to you to accumulate evidence that you've changed should be ignored at this point. That may come into play later in the process, or it may not come up at all. It's just a distraction from your current situation.

You are either admissible or inadmissible at this point and that needs to be discussed with an immigration law professional.