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Miyu

I'm Japanese and have a criminal record... please give me advice

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Filed: Country: Japan
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Hi,

I am a Japanese civilian female in a serious relationship with a US marine (stationed in Japan). Unfortunately he got into trouble recently and there is a big possibility that he will be kicked out with an Other Than Honorable discharge and sent home.

My problem is this. Three years ago, I was arrested and given a suspended sentence for a drug-related charge (personal use). My suspended sentence is up in June, and I have been clean ever since that day. But the record is still there.

I've read stories online of people being denied and being separated for three years because they admitted to experimenting with drugs at the interview. I am so scared that I'll be denied and then I won't be allowed to go and visit him for three years. What are the chances I will be denied? My job doesn't look very good on paper either, as I'm a stripper. I'm scared that the authorities will think I'm some junkie trying to get into the US to make money (which is NOT the case!!).

Has anyone had any experience at all with marrying a foreigner with a criminal record? Or could you offer any advice (eg. Should we start the visa application process now, or wait until my suspended sentence is over? What are the odds I will be denied? If I'm denied, what do we do next? Is there anything we can do now to help our situation?)

I know that in writing, our situation (me being a stripper with a criminal record, him getting kicked out of the USMC etc) doesn't look good at all. But we actually do have a solid relationship and are very much in love... we just want to be able to stay together. I would be very grateful if you could take this into consideration when responding. Thank you so much!!!

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Filed: AOS (apr) Country: Philippines
Timeline

petition will be approved

visa most likely will be refused

you will then apply for a waiver of ineligibility, if you are able to get it approved, the a visa could be issued

YMMV

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Filed: Country: Japan
Timeline
petition will be approved

visa most likely will be refused

you will then apply for a waiver of ineligibility, if you are able to get it approved, the a visa could be issued

Hi Payxibka,

thank you so much for your response.

In the case that we apply for a waiver of ineligibility, would it be possible for him to come and live with me in Japan while we wait for the verdict? (Japanese immigration is strict, but if he doesn't end up with a criminal record it I don't think it would be too complicated to marry him here.) Or does he need to be in the US during this time? I just don't want to be separated for too long as we've already been separated for some time.

Sorry to be so ignorant; I'll go and research the waiver of ineligibility now and if there is any other reading you could point me towards, I'd be very grateful. Thank you again!

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Your chances for having a waiver approved for a drug charge are very remote. You will most likely be required to at least go through a few years with random drug testing to be approved.

05/16/2005 I-129F Sent

05/28/2005 I-129F NOA1

06/21/2005 I-129F NOA2

07/18/2005 Consulate Received package from NVC

11/09/2005 Medical

11/16/2005 Interview APPROVED

12/05/2005 Visa received

12/07/2005 POE Minneapolis

12/17/2005 Wedding

12/20/2005 Applied for SSN

01/14/2005 SSN received in the mail

02/03/2006 AOS sent (Did not apply for EAD or AP)

02/09/2006 NOA

02/16/2006 Case status Online

05/01/2006 Biometrics Appt.

07/12/2006 AOS Interview APPROVED

07/24/2006 GC arrived

05/02/2007 Driver's License - Passed Road Test!

05/27/2008 Lifting of Conditions sent (TSC > VSC)

06/03/2008 Check Cleared

07/08/2008 INFOPASS (I-551 stamp)

07/08/2008 Driver's License renewed

04/20/2009 Lifting of Conditions approved

04/28/2009 Card received in the mail

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Filed: AOS (apr) Country: Zambia
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Strip clubs are illegal in many places in the U.S. Can you find other work? Also, yes, you'll need to have a period of 2-3 years during which you can go through drug counseling and prove that you are not an habitual user. As to his remaining in Japan, that's a matter for Japanese authorities to resolve. That might be the best solution for now.

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Strip clubs are illegal in many places in the U.S. Can you find other work? Also, yes, you'll need to have a period of 2-3 years during which you can go through drug counseling and prove that you are not an habitual user. As to his remaining in Japan, that's a matter for Japanese authorities to resolve. That might be the best solution for now.

tsk tsk, and they are legal in many other places in the U.S. :blink:

Her job will probably have no bearing on the petition. However, with the drug offense, those two would be an issue.

Miyu, you said you were clean, do you have proof of that? Did you have to rehab? You can use that to show you are off the drugs, and that would be taken into consideration.

Until you actually start the process, you will not know for sure.

My Advice is usually based on "Worst Case Scenario" and what is written in the rules/laws/instructions. That is the way I roll... -Protect your Status - file before your I-94 expires.

WARNING: Phrases in this post may sound meaner than they were intended to be. Read the Adjudicator's Field Manual from USCIS

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Filed: Citizen (apr) Country: Brazil
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a japanese stripper that writes english this well?

:whistle:

* ~ * Charles * ~ *
 

I carry a gun because a cop is too heavy.

 

USE THE REPORT BUTTON INSTEAD OF MESSAGING A MODERATOR!

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Filed: Country: Japan
Timeline
Strip clubs are illegal in many places in the U.S. Can you find other work? Also, yes, you'll need to have a period of 2-3 years during which you can go through drug counseling and prove that you are not an habitual user. As to his remaining in Japan, that's a matter for Japanese authorities to resolve. That might be the best solution for now.

tsk tsk, and they are legal in many other places in the U.S. :blink:

Her job will probably have no bearing on the petition. However, with the drug offense, those two would be an issue.

Miyu, you said you were clean, do you have proof of that? Did you have to rehab? You can use that to show you are off the drugs, and that would be taken into consideration.

Until you actually start the process, you will not know for sure.

Hi Bobby_Umit, thank you for your reply.

I don't have any proof except for the fact that I'm willing to have my hair, urine, blood etc tested. I wasn't an addict so I did not have to rehab (although I was definitely a habitual user). When I was arrested I moved back in with my parents until my trial was over, I was sent to some Narcotics Anonymous meetings for good measure but that was on my lawyer's recommendation and not ordered by court. But I really never touched anything afterwards as getting arrested and spending 24 days in jail pre-trial was enough of a scare for me. I quit dancing in that area where drug use was considered normal, and moved to a different part of Japan altogether. But, I understand that my profession hasn't changed and that could still be seen as a sign that I could still be using.

Old Dominion, thank you. I can definitely see how finding a different job would help, and I'm considering that now. Although with my partner where he is now (getting kicked out with a OTH discharge and in debt), it would be really difficult. But if it would make a big impact on whether I get accepted or not, I guess it would be worth it...

John_and_Marlene, I would be fine with being randomly drug tested. 2-3 years sounds like such a long time... but better than a lifelong ban.

Hi Justashooter, yes I am a Japanese stripper who was lucky enough to receive my K-12 education in an English speaking environment. University was not for me and I found my place in the strip club.

Thank you everyone for your help... just another question; is there any possibility that I will be denied for life? I don't really want to apply if there's a chance that I could mess up any opening. I'm considering hiring an immigration attorney but don't know if that's necessary.

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Filed: AOS (pnd) Country: New Zealand
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Anything is possible.

I would definitely consult with a good immigration attorney but be sure to do your research on him/her as well.

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