Spouse's father is in prison

[needhelplz 0]

An alien convicted of, or who admits having committed a crime involving moral turpitude or violation of any law relating to a controlled substance or who is the spouse, son or daughter of such a trafficker who knowingly has benefited from the trafficking activities in the past 5 years, who has been convicted of 2 or more offenses for which aggregate sentences were 5 years or more

My husband's father has been in prison for 8 years for a one time offense of intent to sell marijuana. Is my husband ineligible to file ?

[geezer 1]

An alien convicted of, or who admits having committed a crime involving moral turpitude or violation of any law relating to a controlled substance or who is the spouse, son or daughter of such a trafficker who knowingly has benefited from the trafficking activities in the past 5 years, who has been convicted of 2 or more offenses for which aggregate sentences were 5 years or more

My husband's father has been in prison for 8 years for a one time offense of intent to sell marijuana. Is my husband ineligible to file ?

The question will be did you spouse KNOWINGLY benefit from his trafficking and if so did he receive any benefit in the last five years. From the information you have given it appears the answer is no since he has been in prison for eight years.

Edited January 27, 2009 by geezer

[needhelplz 0]

An alien convicted of, or who admits having committed a crime involving moral turpitude or violation of any law relating to a controlled substance or who is the spouse, son or daughter of such a trafficker who knowingly has benefited from the trafficking activities in the past 5 years, who has been convicted of 2 or more offenses for which aggregate sentences were 5 years or more

My husband's father has been in prison for 8 years for a one time offense of intent to sell marijuana. Is my husband ineligible to file ?

The question will be did you spouse KNOWINGLY benefit from his trafficking.

No, there was no money exchange... his father was caught in the act, and sent to prison... its not like he made the drop collected the money and the family lived off the profits.. no ...... so my question is: because his father is in prison for drugs... does that make my husband ineligible to file for a visa?

[geezer 1]

...... so my question is: because his father is in prison for drugs... does that make my husband ineligible to file for a visa?

He can file. Expect to be required to explain the circumstances.

[needhelplz 0]

...... so my question is: because his father is in prison for drugs... does that make my husband ineligible to file for a visa?

He can file. Expect to be required to explain the circumstances.

Thanks for your reply.....

So, hes eligible to file... would this be a reason for denial?

[geezer 1]

So, hes eligible to file... would this be a reason for denial?

Nobody here can say for sure it will be up to the CO and the particular facts of the case. My best advice would be to prepare the application carefully, ensure you have all your ducks in a row as far as a valid marriage and respond to any RFE with exactly what they want.

Good luck

[needhelplz 0]

So, hes eligible to file... would this be a reason for denial?

Nobody here can say for sure it will be up to the CO and the particular facts of the case. My best advice would be to prepare the application carefully, ensure you have all your ducks in a row as far as a valid marriage and respond to any RFE with exactly what they want.

Good luck

Thanks for your reply

[Jasman0717 9]

Going to jail for pot is almost a crime in itself

[pushbrk 13,124]

...... so my question is: because his father is in prison for drugs... does that make my husband ineligible to file for a visa?

He can file. Expect to be required to explain the circumstances.

This father would need to be the father of the foreign beneficiary. If not, the whole thing doesn't apply. Even so, 8 is greater than 5, so the alien would simply answer "no" and get on with their lives.

I take it since the question was about "eligibility to file" it's a question about the US Citizen's father. If so, not appicable.

[Mononoke28 135]

The statement clearly says: "... who knowingly has benefited from the trafficking activities in the past 5 years,...". His father has been in jail for 8 years. It's simple, he'll be fine but again be ready to have honest and direct answers if the subject comes up during the interview.

Diana