Honestly, I think we are going to get denied

[Lucas&Lucas 4]

9 FAM 40.21(a) N2.3-4 Intentional Distribution of Controlled Substances

(CT:VISA-1810; 02-23-2012)

The Board of Immigration Appeals has determined that a conviction for the intentional distribution of a controlled substance or a conviction for drug

trafficking is now considered to a crime involving moral turpitude. A typical drug statute that would constitute a crime involving moral turpitude is

“possession with intent to distribute.” In order to be a crime involving moral turpitude, a conviction is required, as an ineligibility under INA

212(a)(2)©(1) based only on “reason to believe”, and not a conviction is not a crime involving moral turpitude. The mere possession or use of a controlled substance is not a crime involving moral turpitude.

9 FAM 40.21(a) N5.2 Admissions Relating to Acquittals or Dismissals (TL:VISA-29; 01-12-1990)

An admission by an alien is deemed ineffective with respect to a crime for which the alien has been tried and acquitted, or, for which, charges have

been dismissed by a court.

Look here:

http://www.state.gov/documents/organization/86942.pdf

[Ginet 0]

9 FAM 40.21(a) N2.3-4 Intentional Distribution of Controlled Substances

(CT:VISA-1810; 02-23-2012)

The Board of Immigration Appeals has determined that a conviction for the intentional distribution of a controlled substance or a conviction for drug

trafficking is now considered to a crime involving moral turpitude. A typical drug statute that would constitute a crime involving moral turpitude is

“possession with intent to distribute.” In order to be a crime involving moral turpitude, a conviction is required, as an ineligibility under INA

212(a)(2)©(1) based only on “reason to believe”, and not a conviction is not a crime involving moral turpitude. The mere possession or use of a controlled substance is not a crime involving moral turpitude.

9 FAM 40.21(a) N5.2 Admissions Relating to Acquittals or Dismissals (TL:VISA-29; 01-12-1990)

An admission by an alien is deemed ineffective with respect to a crime for which the alien has been tried and acquitted, or, for which, charges have

been dismissed by a court.

Look here:

http://www.state.gov/documents/organization/86942.pdf

Oh wow, Thanks for informing me of that statute. It's fairly recent also.

[Oksana & Max 94]

One mroe thing to add.

Based on what OP said, he was found not guilty due to the lack of evidence. While his case was dismissed it is different being found not guilty, since he didn't commit the crime. While lack of evidence will give you a not guilty verdict, if new evidence could be found he still can be prosecuted, it doesn't mean that the crime was not commited. I am not trying to scare OP, but he needs to understand a difference and face possible circumstances. It is really all depends on the CO, how he will see it.

[Rob & Monika 87]

I am petitioning my husband. He has had a little, well actually big, legal problem. He told me at first about it, but I didn't think much of it because he told me that he was found not guilty by a judge. The offense is hideous. It’s Drug Trafficking. I didn't think about it affecting our petition until i read the immigration law regarding "reason to believe" you’re a drug trafficker and the complete inadmissibility behind it. We sent in the official court transcript to NVC. I've read the court testimony. They found drugs (cocaine) at my husband's father's home suspected to be of a Colombian who was staying there. My husband's uncle who was there when the police raided his father's house told the authorities that my husband was also involved. So they sought out my husband. The judge declared that my husband didn't live there at the time since during the raid they didn’t find evidence that he lived there and that there was not sufficient evidence to charge him of the crime. So he was found not guilty. My worry is that the immigration officer may not see it as such. They only need mere suspicion and an arrest can do it. I know that my husband was not in any way involved in that. That is the only problem with the law he ever had. I will fight any way possible for him to live with me in the states but it does not look good for us. Do we need an attorney to go with us to the interview? Its next month..

He wasn't even charged with a crime, I'm not sure what the big deal is. If there is nothing in his police record, how would USCIS know about it?

[mopan 1]

keep us informed on how things turn out for you. my husband was arrested for armed robbery a few years ago and eventually found innocent, his record is clean but i too worry. i talked to a lawyer who's a friend of the family and she said they will most likely respect the judges ruling and it won't be a big issue. maybe it's hard for americans to realize that in a lot of countries caribbean/central america the police can arrest you with absolutely no evidence, they don;t play the same down here. wish you guys good luck. i am having a problem though because the court refuses to give me any records and said they only issue police reports which i already have and it;s clean.

[Ginet 0]

One mroe thing to add.

Based on what OP said, he was found not guilty due to the lack of evidence. While his case was dismissed it is different being found not guilty, since he didn't commit the crime. While lack of evidence will give you a not guilty verdict, if new evidence could be found he still can be prosecuted, it doesn't mean that the crime was not commited. I am not trying to scare OP, but he needs to understand a difference and face possible circumstances. It is really all depends on the CO, how he will see it.

Found not guilty due to lack of evidence and reasonable doubt. It was basically heresay. No direct evidence, no admission, just an uncle. I'm no longer worried because it could of been worse, he could of been found guilty of a crime he did not commit. I just know that the COs will have a field day with this one.

[Ginet 0]

keep us informed on how things turn out for you. my husband was arrested for armed robbery a few years ago and eventually found innocent, his record is clean but i too worry. i talked to a lawyer who's a friend of the family and she said they will most likely respect the judges ruling and it won't be a big issue. maybe it's hard for americans to realize that in a lot of countries caribbean/central america the police can arrest you with absolutely no evidence, they don;t play the same down here. wish you guys good luck. i am having a problem though because the court refuses to give me any records and said they only issue police reports which i already have and it;s clean.

Thank you so much.. Sorry for your situation also.. If I make it through I'm sure you will since their is zero tolerance for any drug related crime in immigration. I will keep you posted on how the interview goes.

[Sweetcheeksss 91]

He wasn't even charged with a crime, I'm not sure what the big deal is. If there is nothing in his police record, how would USCIS know about it?

You'd be surprised what they can dig up from a person's past. It's kinda scary actually.

[Olakunle39 11]

It wasn't in the US. It was in his country, Dominican Republic. His police certificate is clear, he has nothing. He was completely proven not guilty. He has no criminal record, just this court record of the not guilty verdict.

The fact charges were not applied to your husband and he was found Not Guilty, you both are fine. Please don't let this worry you any longer. Technology is so advance and you know government will do investigations. He is a criminal free man and will get approved. After his approval your story will encourage another couple dealing with the same thing. Just relax.

[Cathi 5,696]

He wasn't even charged with a crime, I'm not sure what the big deal is. If there is nothing in his police record, how would USCIS know about it?

read the OP's first post and post #14..on the ds-230 it asks if the beneficiary has been arrested for any crime, they had to send the court transcript to the NVC with the ds-230. It is a big deal, he was charged, he just wasn't convicted.

[pushbrk 12,569]

I am petitioning my husband. He has had a little, well actually big, legal problem. He told me at first about it, but I didn't think much of it because he told me that he was found not guilty by a judge. The offense is hideous. It's Drug Trafficking. I didn't think about it affecting our petition until i read the immigration law regarding "reason to believe" you're a drug trafficker and the complete inadmissibility behind it. We sent in the official court transcript to NVC. I've read the court testimony. They found drugs (cocaine) at my husband's father's home suspected to be of a Colombian who was staying there. My husband's uncle who was there when the police raided his father's house told the authorities that my husband was also involved. So they sought out my husband. The judge declared that my husband didn't live there at the time since during the raid they didn't find evidence that he lived there and that there was not sufficient evidence to charge him of the crime. So he was found not guilty. My worry is that the immigration officer may not see it as such. They only need mere suspicion and an arrest can do it. I know that my husband was not in any way involved in that. That is the only problem with the law he ever had. I will fight any way possible for him to live with me in the states but it does not look good for us. Do we need an attorney to go with us to the interview? Its next month..

I don't know that they will allow an attorney in the interview but your statement above is inconsistent. Only people actually charged with a crime can be found not guilty. You say there was not sufficient evidence to charge him with a crime. If he was not charged, then he could not be found not guilty. That said, yes, you have reason for concern, for the exact reasons you indicate.

[Cathi 5,696]

You'd be surprised what they can dig up from a person's past. It's kinda scary actually.

they can dig up anything and everything. At my husband's interview the CO had information that we never told them, it was about my ex husband( a few questions about my marriage to my ex, not anything involving any crimes, but the CO did know he answers). We were asked about these things, and answered truthfully. That is why it is imperative to always be honest at all times during this process!!!

I don't know that they will allow an attorney in the interview but your statement above is inconsistent. Only people actually charged with a crime can be found not guilty. You say there was not sufficient evidence to charge him with a crime. If he was not charged, then he could not be found not guilty. That said, yes, you have reason for concern, for the exact reasons you indicate.

I was wondering the same, how can he be found not guilty if he was never charged?

[pushbrk 12,569]

I was wondering the same, how can he be found not guilty if he was never charged?

Right, it doesn't work that way. This is a time for the OP and spouse to be extremely detail oriented, to be sure to understand fully and use all the correct terminology. Not doing so, will sound fishy to the Consular Officer and that's NEVER a good thing.

[Ginet 0]

I don't know that they will allow an attorney in the interview but your statement above is inconsistent. Only people actually charged with a crime can be found not guilty. You say there was not sufficient evidence to charge him with a crime. If he was not charged, then he could not be found not guilty. That said, yes, you have reason for concern, for the exact reasons you indicate.

Charged as in accused yes, arrested yes. After trial with lawyers etc found not guilty.

[pushbrk 12,569]

Charged as in accused yes, arrested yes. After trial with lawyers etc found not guilty.

Then he was arrested, charged with a crime, tried and found not guilty. You said he wasn't charged. You'll want to avoid that inaccuracy in the future.