karenkaren1

hi, advice needed please
my husband was about to start application for L1 (and L2 for myself and our 2 children),

we are about to start the process, when on investigating police certificate, we are devastated to see that over 24 yrs ago, when my husband in his youth (but over 18!!), got caught with some weed in his car (under 30g), he paid the fine and thought no more of it. I never even knew and Im his wife!! Im further dismayed that it has been recorded as a conviction. (he pleaded guilty and chose £150 fine over 6 mths prison time and ignorantly thought nothing more of it).
I can see we can go through the process of applying for a waiver of inadmissibility, but more worrying is that we have travelled several times to the USA over the last 20 years without even thinking about declaring this. Sheer ignorance but never even occurred to him. Is this game over for us? I am terrified he will incur a lifetime ban.
He has an otherwise unblemished history, and is a successful business man and it was 24 yrs ago. Is this even relevant?

thank you in advance, but i would really appreciate any similar experiences and outcomes.

K

Noodler

Hi,

Same situation for me. Conviction of possession canabis 1994 and £100 fine.

Been to the USA 20 times in last 10 years the last time being 2 years ago. I never thought to declare before as thought I didn't need to as considered spent.

When I applied for Visa it said the US does not recognise the rehabilitation of offenders act so I thought I would declare it.

Went for interview on 19th May and was found inadmissible for controlled substance and misrepresentation to gain immigration benefit. I was recommended for a waiver and am still waiting.

I can't believe that one small thing from 23 years ago has caused me sommuch trouble but that is the immigration rules. The rules are federal law and crazy to think under state law where I am going that marijuana is legal....

karenkaren1

a very similar situation indeed. Hopefully the fact that you have been recommended for the waiver is good news....
may I ask where you had you interview and what you were asked? My husband cancelled 2 pending trips to the USA as soon as this came to light, I'm hoping this will somewhat show it isn't 'wilful' misrepresentation.


thankyou

Noodler

I had my interview in London and they never asked a thing.

I took a police certificate and filled out VCU 01 form explaining my conviction.

He said I met criteria for the visa but was inadmissible on the two counts but would recommend me for waiver. Handed me paperwork saying why I was inadmissible and hat it would take 20-22 weeks as an estimate.

Noodler

Btw if you haven't been convicted you don't need to produce a police certificate for a non immigrant visa.

You only need one if you tick yes to being convicted.

karenkaren1

have you come across any situations where a waiver has been refused after is has been recommended? Im hopefully assuming that if it has been recommended then the rest is a formality....

karenkaren1

yes it was a conviction

Noodler

From all the research I have done it is very very rare to be refused if reccomended.

scrubbedexpat099

You see a few not many, presumably his Employer is OK to wait it out.

karenkaren1

it is his own company... so yes but we were hoping to enrol our children at school before summer 2018. maybe wishful thinking!

karenkaren1

I will certainly be following your story and I wish you all the best.
ps are you looking to go down the GC route further down the line?

ian-mstm

In order for this to be a problem, there must be willful misrepresentation... which means that he deliberately meant to withhold the truth. While the burden is on the government to prove that's what he did, if an investigation of this sort was started, he may have difficulty demonstrating that wasn't the case. From where I sit, he should present the police certificate if it's asked for, and go from there. If asked about the offense, he should not try to minimize or trivialize the incident... he should be contrite and humble.


No - not by any means.


That is was 24 years ago is quite relevant - as, even by US immigration standards, that was a long time ago. That he has not reoffended will work in his favor.


I agree. He admitted guilt and paid a penalty.

Now, that all said, I agree with Noodler. If your husband is recommended for a waiver (which he most likely will), he will almost surely get it. Current processing for waivers is 6-7 months give or take several weeks on either side.

Ian

karenkaren1

thankyou for taking the time to reply... I feel somewhat more hopeful now

crg

According to the law (8 U.S. Code 1361), the burden of proof is never on the government for any 212 ground of inadmissibility/ineligibility or visa application. With that said, a finding of fraud/misrepresentation is not thrown around willy-nilly.

ian-mstm

Apparently so! It's obvious that I need more coffee during the day!

That said, it's an interesting paradox. If the burden of proof isn't on the government to demonstrate that willful misrepresentation took place, the applicant must then prove that willful misrepresentation didn't take place? It's impossible to prove a negative!

Ian