Please help me...Husband has police record...Interview in 1 month

[123456789 0]

Hello everyone, I am in dire need of advice.

My husband was detained at the age of 18 (now age 32) for possession of marijuana and was sentenced to assist a 60-day drug-prevention program (therapy sessions) at his local hospital. He completed the program. When I traveled to Chile to be present for his K-1 visa interview, we got a certified police record of the incident. There were two MAJOR problems with it. For starters, the person who wrote the report accidentally wrote the word "cocaine" in one sentence instead of "marijuana".... to anyone who reads the report it is very obvious that it is a mistake because the other is mentioned over and over and then out of the blue "cocaine" is mentioned instead. It is really a tragic mistake- my husband was furious, to say the least. We did not have to provide this document for the K-1 interview and he was granted the visa. We do need to provide it now at the AOS interview and I am very worried whether the officer will be level-headed enough to see the mistake.

The second MAJOR problem is that we must provide proof that he attended the drug-prevention program. We had gone to the hospital in Chile in order to discuss the fact that they never reported to the police that he had fullfilled his "prevention" sentence. They told us that the hospital had recently changed from paper documents to a computerized system and had no records whatsoever from as far back as 1995. We attempted to speak with numerous people and no one was willing to help us. We ended up having to leave the town in order to make it back for his interview in Santiago.

Yesterday we received his interview notice which is scheduled in a little over a month from now (early May). There was also another notice stating all the requirements for people with past criminal records and it stipulates that we MUST have both the certified police record (which we do have, but with the word mistake in it) and legal proof of his rehabilitation completion (which appears impossible to get).

I have written the Chilean embassy in the U.S. to ask for help/advice, hopefully someone will help us, but I sincerely doubt anything will come of it.

I honestly do not know what to do.

Is he doomed to be denied?

Has anyone else ever had a similar record and was approved for AOS? I really appreciate the feedback everyone, thanks.

[JeroenAndMichelle 28]

I can imagine you are worried about the whole situation.. I was that too when I had to go for my interview, and I also have a record.

My record is, however, of something much less important as your husband's one.. Drugs is something the US sees as a very big deal, whether it is Marijuana or Cocaine (personally I think there is a HUGE difference but they don't, apparently). In the end, the 'crime' that I had to see the judge for was not really a crime, I simply had stolen goods in my car once, while I didn't even know at the time that these were stolen, I found out about this when I got arrested. So there is some difference between your and my story..

But ok, when we went for our interview last friday, I asked the interviewer of how much importance my court records were in this stage of the process as I was really nervous for the outcome, I was really affraid they would deny our application. The interviewer told me that he didn't see a problem as I was also already approved in Amsterdam (there where I got my visa) and that the interviewer basically only checks if all documents are there and if there is a real bonifide relationship.

So, based on what he told me, and if it is indeed true what he told me (every interview is different and so is every interviewer), then I don't think you should worry much. If you are in doubt when the interview is over, try to see if you can ask the interviewer (if he didn't say anything yet), I found that they are very willing to answer your questions, as long as you do this with a mutual respect towards the interviewer.

Ah, by the way, I received my letter today, saying my AOS was approved, so the little thing that happened in the past was indeed no problem.

It also helped that, in the past, this was the only thing that I got in touch with the police and I also think it helped that it happened quite some time ago. Seeing your husband's ages then it shows that it happened a long long time ago and that also helps in showing that he behaved neatly after wards.

So my advice, try not to worry too much.. when you have the interview, and when the topic starts and you are still in doubt after the chat you had with the interviewer: just ask... you will only know for sure after you ask. I read many stories of people here who forgot to ask, or didn't dare to ask, and they were all very in doubt about the outcome of their interview.

edit: btw, in case he does get denied (it is a scenario I actually thought about many times before my own interview), there is still a way to still get the approval afterward.. thing is, if you can show hardship to the US (you don't speak his language and cannot find a job there, you have too much assets here which would cost you too much money, you have parents you need to take care of, etc etc etc) then there is still a big chance that you guys can still get the approval. But for now, don't worry about it, have good faith and most likely you will see there were worries for nothing

Edited March 22, 2009 by JeroenAndMichelle

[Kathryn41 3,205]

Are you able to obtain a new copy of the police report that doesn't contain the incorrect word? If you are able to do so, then that is what I would do. I would feel uncomfortable presenting that mis-information at the interview unless it is very apparent that it is a mistake. As well, would the hospital he attended at the very least provide a letter stating that the information is no longer available in their records? It will show that you have tried to obtain the document but that it is unobtainable. If you are not able to get these in time for the interview, go to your interview and explain that you have requested these two documents and are waiting for their arrival. It means you would probably get a deferred decision on the AOS until you were able to submit them, but it might provide you with a better outcome. You will also need to have the Police/court documents for Removal of Condition and citizenship if you pursue that route, so may wish to see if you can get more than one copy. Good luck.

[WROCLAW 0]

good luck

[123456789 0]

Thanks everyone for your comments. This has been such a nightmare. I recently hired a lawyer and was told that my husband WILL be denied his AOS. The next step is to submit a waiver since the arrest was for possession of less than 2 grams, but I was told that this will also be DENIED. My lawyer said that my husband will be put in removal proceedings and that this last event will be our chance to get the decision overturned, but it still looks bleak. Since I do speak his language and I have lived in his home-country, I am not a good candidate for showing hardship. The fact that we have a $25,000 loan being paid off together would not matter either. If I moved to Chile we would never be able to make enough money to make our debt payments in addition to living expenses, but I was told that immigration would not care about this aspect. So, our interview is in two weeks and we will just have to see what happens. I will post again to describe our experience.... maybe it will help someone else who is going through a similar situation.

[NYPeach 13]

Are you able to obtain a new copy of the police report that doesn't contain the incorrect word? If you are able to do so, then that is what I would do. I would feel uncomfortable presenting that mis-information at the interview unless it is very apparent that it is a mistake. As well, would the hospital he attended at the very least provide a letter stating that the information is no longer available in their records? It will show that you have tried to obtain the document but that it is unobtainable. If you are not able to get these in time for the interview, go to your interview and explain that you have requested these two documents and are waiting for their arrival. It means you would probably get a deferred decision on the AOS until you were able to submit them, but it might provide you with a better outcome. You will also need to have the Police/court documents for Removal of Condition and citizenship if you pursue that route, so may wish to see if you can get more than one copy. Good luck.

Excellent advice.

I'm sorry you're going through this.