Moschino1515

Hi community members,

I'm needing some advice here. I'm an American citizen who married a Brit two months ago. I came back to the USA, and he's still in London. We want to begin the process for him to come here, because it's a real nightmare for me to live in the UK.
I read my partner needs to get a police certificate. But in 2005 (when he was UNDER 18), he got caught smoking cannabis and also got in a fight with a friend. Both items are "spent" off his record (something the USA doesn't recognise).

So, I'm really worried that they will dismiss his application due to "crimes of moral turpitude". It was over 10 years ago, both items are spent, and he was a minor when they happened. However, there are two charges listed and I've read some horror stories about people getting applications denied because of similar things.

Just a few questions...
1. Does anyone have experience with a similar situation? If so, what was the outcome?
2. I was going to do the I-130 application myself, but now I'm worried we need to get a lawyer for this! Anyone have experience with a similar situation and filing the paperwork without a lawyer?

Any help would be so appreciated !

ian-mstm

They might, yes. A drug violation can make someone permanently ineligible for an immigrant visa and there's no waiver available for that.


You don't need an immigration forum - you need an experienced immigration attorney... but, I've got to tell you, there may not be a way forward.

Ian

Moschino1515

Hi Ian,

I appreciate your insight, and I understand that it's done on a case by case basis. But surely he wouldn't automatically be dismissed since the crimes were committed when he was under 18 AND he's married to a U.S. citizen. Cannabis is even legal in some states now! @_@

mikelincs

But not under federal law, and immigration uses federal law as it's benchmark, marriage to a US citizen has no bearing on the matter of drug offences, and US immigration law is particularly draconian in drug cases.

ian-mstm

His marriage to a US citizen is largely irrelevant. The only advantage is that it allows you, the USC, to file an I-130 petition on his behalf. Even if the petition is approved, he still has to apply for a visa - and he has no inherent entitlement to a visa because of the marriage. As for the drug conviction, yes - they can automatically deny the visa because of it. Will they because of his age? I don't know... but can they? Yes! The only way to know for sure is to apply and see what happens.


Immigration is under federal law, so it's completely irrelevant that cannabis is legal in some states.

Unfortunately, I have to agree with mikelincs... US immigration is particularly draconian when it comes to drug offenses. For example, it's not illegal to use illegal drugs... so smoking a joint, by itself, isn't a problem. The problem is that in order to use the illegal drugs, you must have the illegal drugs in your possession... and possession of illegal drugs is a crime!

Ian

Moschino1515

Thanks guys for all your help and advice.

I just found these two bits of research, which give me hope in his case as he applies to the exceptions listed!
-"However, the U.S. government has greatly restricted any relief for drug crimes. With the exception of a single drug offense involving possession of 30 grams or less of marijuana (for one’s own, personal use), drug crimes cannot be waived."
-The crime was committed when the person was under 18, it has been five years since the crime was committed, and the person is no longer in jail;"

I will definitely post what the outcome is... but still if anyone has had a similar experience would love to hear their story.

civilservant

You still need to consult with an experienced immigration attorney before you move forward, because if it goes bad it could cost a substantial amount of money in attorney fees to fix.

Spending a little now could save you a lot in the future.