spoons79

Hi

I have been married to an American girl for 2 years now living in the UK and we are thinking of Immigrating to the US
Problem is i have a criminal record.
I was convicted about 7 years ago for possesion of a Class A drug
Been reading up about it, but would like to know if it is going to be a BIG problem and what do i need to do to resolve it

Thanks in advance

Folinskyinla

Hi:

Depends upon what a "Class A" drug is in the jurisdiction of a conviction.

Most drug convictions are a lifetime bar under US Immigration Laws.

fatbrit

You'll have problems. Search this forum (or Google) for I-601 waiver. Hope you've never visited the US before, say on a VWP, and neglected to mention it.

Folinskyinla

Hi:

What does an I-601 have to do with it? If he has problems, I really don't think you give him false hopes.

fatbrit

Can't he apply, get rejected, then ask for a waiver? I mean generally, without putting in all the other pedantic steps.

Thought "You'll have problems" suggested he would have problems. Should I have written "You'll have big problems"?

spoons79

I have never been to the US before nor applied for a visa..

sry, not to sure what you mean by "Depends upon what a "Class A" drug is in the jurisdiction of a conviction" could you explian further?

Elvira

What drugs are we talking about and how much?

Folinskyinla

Hi:

IMHO, has not said anything yet to indicate that he was convicted of simple possession of less than 30 grams of marijuana. I read it again and I simply don't see it.

fatbrit

Dunno -- we're still waiting for the OP to give us that at the moment. At least we know he didn't arrive on the VWP with such a grievous crime hidden from the puritanical eyes of the POE inspector. And from my experience, you'd find it difficult to get arrested in Blighty for a Mary Jane offense unless you were towing a 30-ton truck of the stuff. But we'll await his reply.

spoons79

It was 25 ecstacy pills

edit

snowbunny

Now that's interesting because Ecstasy was legal in the US up until the 1980s. (July 1985, my 18th birthday)

And I know someone busted for buying it who still got security clearance later (and he was over 18 when convicted).

ian-mstm

In the UK, a Class A drug conviction carries a maximum 7-year sentence for possession, and a life term for trafficking. That sounds pretty serious to me.

Ian

fatbrit

You'll need a waiver. Or rather you'll need a lawyer -- not a DIY job this one if you want to give yourself the best chances. Make sure whoever you choose to represent you is conversant with 601 waivers and has had successes with your type of case.

Folinskyinla

Hi:

Ecstasy is not marijuana. Why do you keep talking about I-601's?

He needs a waiver to VISIT or any other non-immigrant classification. He will need an ACT OF CONGRESS to immigrate.

We had a recent spat about the so-called "simple question" which was not simple at all.

Assuming his description of his conviction is accurate, the OP's question is a "simple" one. The only suggestion I would make to him is that he should perhaps pay an attorney to examine the conviction records carefully to see what the conviction is actually for. I've seen convictions that are not quite what the defendant thinks they are for.

fatbrit

So you live and learn! Bit tough that one.