Drug Possession Charge...

[coraliesolms 47]

Ok ok, please try not to become defensive. All we are doing is giving you the honest facts. Nobody has a "cut and dried" case. I have been dealing with my immigration for 3.5 years because of various mishaps along the way. Im sure we would all LOVE to tell you that its going to be ok, but you came here for an honest answer, and we are giving that to you. Yes, you deserve to be happy, yes, you deserve to be with the one you love. As far as the US government is concerned what you want, and would make you happy, isnt necessarily what you are going to get.

We are just forewarning you of the hardships you face. It may well be possible that you get him in, there COULD be ways around it, but its going to be expensive, and very frustrating. Im sure every one of us on this forum wish you the very best, and I SURE hope it all works out. We are just telling you what you face, and what the law is.

Sterkte meisie, alles sal hoopelik regkom!!

[twowls 217]

I want to make something clear here...

I did not write my congresswoman to grant special favors... I simply asked her the same question I asked here. I asked her if this was a clear case of denial, or if there was a chance to appeal...

I feel that some of you maybe blinded by the comfort of your own situation and cant see that there maybe room for possibility, so I just went to the source... my government...

I know what the law states and I am pretty certain that there are folks that got into this country on much serious offenses, or maybe even got here for other reasons other than marriage.

I am happy that all of you had everything lined up, according to the laws for your marriages...but there is nothing wrong with exhausting all options, or, "pulling straws" as you would call it for something that i believe in.

Nobody is arguing your intent or worthiness or anything. It's just that you've framed much of your case in terms of "how it should be" when that doesn't really play. I think if people are encouraging you to look at things in a realistic way, it's because they think your seeing the issue without blinders will be your best bet for success. It doesn't matter that marijuana is harmless. It's still a thing. It's still a roadblock. We are all hoping for your success. But wishful thinking, and any attempt to wiggle around the strict process, is going to end in frustration. I, for one, have been there. We all learned one way or another to bow down to the powers that be and play their game their way. It's not hopeless, but arguing that it shouldn't be as it is won't get you anywhere. And the purpose of this forum is to get you where you want to be.

[coraliesolms 47]

Nobody is arguing your intent or worthiness or anything. It's just that you've framed much of your case in terms of "how it should be" when that doesn't really play. I think if people are encouraging you to look at things in a realistic way, it's because they think your seeing the issue without blinders will be your best bet for success. It doesn't matter that marijuana is harmless. It's still a thing. It's still a roadblock. We are all hoping for your success. But wishful thinking, and any attempt to wiggle around the strict process, is going to end in frustration. I, for one, have been there. We all learned one way or another to bow down to the powers that be and play their game their way. It's not hopeless, but arguing that it shouldn't be as it is won't get you anywhere. And the purpose of this forum is to get you where you want to be.

AGREED!!

[LIFE'SJOURNEY 970]

He who don't listern, must feel.

Good luck on whatever approach you take it will be a long journey.

[Gary and Alla 3,694]

well i am not giving up... i just emailed both of my congressmen... i know it is a serious drug but that does not exclude anybody the right to happiness, I know what he is like now and I know that it will be worth it for me to fight for the man that i love...

Good luck. He has no right to enter the USA on a visa. I highly doubt you will get a waiver for this.

[JimVaPhuong 4,863]

I want to make something clear here...

I did not write my congresswoman to grant special favors... I simply asked her the same question I asked here. I asked her if this was a clear case of denial, or if there was a chance to appeal...

I feel that some of you maybe blinded by the comfort of your own situation and cant see that there maybe room for possibility, so I just went to the source... my government...

I know what the law states and I am pretty certain that there are folks that got into this country on much serious offenses, or maybe even got here for other reasons other than marriage.

I am happy that all of you had everything lined up, according to the laws for your marriages...but there is nothing wrong with exhausting all options, or, "pulling straws" as you would call it for something that i believe in.

I think you completely misunderstood the point that I and others have been trying to make.

I wasn't suggesting you were trying to get "special favors" from your congresswoman. I was simply saying that what you're asking for is beyond the authority of a federal legislator. You say you want a chance to appeal your case. I say "Bravo, and God Speed!". I sincerely hope it works out well for you. Unfortunately, you can't really appeal this with your congresswoman. She can't grant an exception to the law. If her staff is really good, they may be able to give you some good advice regarding the law. Don't be surprised if they're not very knowledgeable, though. It's really not their job to know this stuff. You may get a more educated answer from someone who deals with this stuff every day, like a good immigration attorney.

I also think you're selling us a bit short. Many of us have spent way more time than we want to admit reading those damn laws. This wasn't by choice, but because we were facing the same boneheaded bureaucracy that you're now having to face. Some of us were also facing consulates that are notoriously good at saying "NO!". I know that I have personally spent more than 1000 hours studying, reading, and preparing for what would ultimately be decided by a single consular officer in a country on the other side of the world. At no time in the process did I ever feel "comfortable", and I was never less comfortable than the 6 hours I spent standing outside the consulate and waiting for my fiancee to emerge, knowing full well that the odds were stacked against us. All it would take for the consular officer to determine my fiancee was inadmissible would be to accuse her of lying about our relationship, and I saw a LOT of applicants leave the consulate that day after having been accused of exactly that. Six hours of denial after denial, with the occasional happy face - it was depressing.

The reason we speak with such certainty about your case is because we've been here for a while, we've read about a lot of cases like yours, and we've never seen anyone find a way around an unwaiverable inadmissibility. If we had, we'd certainly be telling you about it.

Yes, people come to the US after having committed some pretty serious offenses. If those offenses made them inadmissible, and the inadmissibility wasn't waiver eligible, then they lied to the consulate or the CBP, and didn't get caught (yet). People also come to the US for a wide variety of reasons - family immigration is only one category of visa. But the laws pertaining to inadmissibility apply to every one of them, regardless of what kind of visa they get. They don't just apply to fiancee and spousal visas.

Now I'm going to venture off into the realm of possibilities, and guess what would get your fiance here legally. First, a Presidential pardon would do it. The President has the authority to forgive a crime, and any penalty associated with the crime. Second, (I'm less certain about this one) an order from the Secretary of State to the consulate, instructing them to ignore the inadmissibility and issue the visa. Third, a change in the immigration law regarding inadmissibilities. This is not as far fetched as it sounds. The President recently rescinded the inadmissibility for HIV. It's within the realm of possibility (though not likely) that he could waive the inadmissibility for simple possession of controlled substances, or at least make them waiver eligible like violations involving small quantities of marijuana currently are.

There may be other possibilities I didn't cover above. By all means, explore every possible avenue. Best of luck!

[TBoneTX 45,787]

what would get your fiance here legally. First, a Presidential pardon would do it. The President has the authority to forgive a crime, and any penalty associated with the crime.

Uh, Jim, does the president of one country have the ability to pardon a citizen of another country? "I, the U.S. President, hereby pardon Mr. Abdul Aloysius Deepak Garcia, a citizen of South Africa who has never been to the United States, of the crime of cocaine possession in South Africa, in the event that Mr. A.A.D. Garcia wishes to apply for admission to the United States." Huh, man?

[Darnell 8,479]

cocaine? arrested? no, sorry, not admissible into the USA on a visa.

Sorry.

whilst you have emailed yer government official, IMO, it wasn't the right government official.

Want another government official? Set up an infopass appointment with USCIS, put it to them, face to face, and then get the answer, face to face.

No, I'm not being snarky - you've picked up a wrong assumption, and have decided to run with it. It's just not gonna happen for ya, and since you feel you need to touch base with the government - IMO - you need to touch base with the RIGHT section of the government - the USCIS.

Job opportunities abound in South Africa. Pack yer stuff and go, again, IMO.

Good Luck !

[JimVaPhuong 4,863]

Uh, Jim, does the president of one country have the ability to pardon a citizen of another country? "I, the U.S. President, hereby pardon Mr. Abdul Aloysius Deepak Garcia, a citizen of South Africa who has never been to the United States, of the crime of cocaine possession in South Africa, in the event that Mr. A.A.D. Garcia wishes to apply for admission to the United States." Huh, man?

"Mr. Abdul Aloysius Deepak Garcia"

The President has wide authority, under Article II, Section 2, of the Constitution, to grant pardons.

"and he shall have Power to Grant Reprieves and Pardons for Offences against the United States"

The Office of the Pardon Attorney (which accepts applications for Presidential pardons) believes that any judgment which may be issued by an authority of the government that has an adverse consequence that can be viewed as a punishment, penalty, or disability, may be pardoned by the President. The President can even preemptively pardon without a judgment actually being issued, as Gerald Ford did for Richard Nixon.

In this case, the "judgment" is by the consulate, and the "adverse consequence" is the finding of inadmissibility. And yes, Presidents have issued pardons for people who were not US citizens or LPR's, most commonly to stop a deportation.

There are several law offices around the country that specialize in Presidential pardons. Normally, you have to wait until 5 years after the "judgment" before they'll take your case, but one (Levin and Zeigler LLP, in Philadelphia) will take an immigration related case without forcing you to wait.

http://www.federalpresidentialpardon.com/

Now, let's get real. The odds of getting a Presidential pardon are extremely remote. Most Presidents receive many thousands of pardon applications, but only grant comparatively few actual pardons.

[Gary and Alla 3,694]

cocaine? arrested? no, sorry, not admissible into the USA on a visa.

Sorry.

whilst you have emailed yer government official, IMO, it wasn't the right government official.

Want another government official? Set up an infopass appointment with USCIS, put it to them, face to face, and then get the answer, face to face.

No, I'm not being snarky - you've picked up a wrong assumption, and have decided to run with it. It's just not gonna happen for ya, and since you feel you need to touch base with the government - IMO - you need to touch base with the RIGHT section of the government - the USCIS.

Job opportunities abound in South Africa. Pack yer stuff and go, again, IMO.

Good Luck !

I agree that no one has it out for the OP. On the other hand no one has to change the rules, and won't, because someone is in love. The OP fell in love with a person that is inadmissible to the United States. This means the OP will be moving to some other country if she wants to be with the person she loves...fortunately since we are a free country, she is free to do this and therefore NO ONE is preventing her/his happiness.

One of the things I have tried to stress to my children is that if you make STUPID mistakes in life, it WILL come back to haunt you. It isn't that you manage to dodge a bullet one time or another, the bullet turns around and comes back and hits you in the back of the head 20 years later...or 30 years later. Actions have consequences. His actions have consequences. The US does not grant visas to people with a criminal history of possession of cocaine. Which congressman or woman wants to be the one that works to make exceptions to THAT rule? Oh, that will play big at election time! People also mistake the fact that congress somehow has some magic power over USCIS, they do not. They are not even in the same BRANCH of government. Congress oversees their funding and that is about it, which is something, to be sure, but no one in congress has the ability to make orders or demands of the USCIS, except by legislation. Phone calls won't get it.

Now if one of those bumbling beaureucrats at USCIS makes an error, and they do, THEN a congressman or Senator can bring this to their attention and note that "Hey, you effed up, fix it or you will be the topic of discussion at our next budget sub-committee meeting" THAT gets a response. In this case, they did NOT make an error. They would be exactly correct.

You, being from a free country, are free to soend as much of your time and money fighting this as you like. There are lots of attorneys that will line up to empty your bank account knowing full well there isn't a damn thing they can do, but they can make $200 per hour trying. OR you can discuss this with your fiance and decide what you two will do to solve the problem. YOU have the ability to solve the problem TODAY for a lot less money. Decide where you will live (South Africa or another country that does grant visas to cocaine users) and pack up and go. Problem solved.

[Rebecca Jo 1,962]

I think it would be remiss if we failed to mention that nobody is going to get a waiver for any offense if they have not yet served the sentence.

[USA & ZA 1]

Ok, once again i will say that i did not contact my congresswoman for special favors, i simply asked her immigration aid for advice... that is all.

For those who have offered information to me, I am highly grateful for you. Jim, you are an honest, intelligent, resourceful man and I thank you for the information that you have provided.

I have been researching this topic for over a month now and our next course of action will be for him to attempt to have the conviction expunged from his record. That will be the only way for him to get here.

But all legalities aside, I would like to address those who seem to enjoy jabbing me with remarks such as telling me to pack my bags and get out or he does not deserve to come to the US...

I am a mother of 2 and a teacher. That is how i met Conway. I was teaching in South Africa. we spent a lot of time together in a close setting and when that happens, you can really get to know someone, very well. I would not be fighting for him if i felt he was not worth it.

I feel like some of you gave "advice" with some pretty harsh jabs when you dont even know who we are. He messed up, period. and he is doing what he can to rectify that mistake. I know this does not mean he should get in the states but that does not mean that you have to be so cruel in delivering information.

I also teach my children the consequences of their actions, but i also teach my children compassion. It means a great deal to me that my children embrace all that succeed and suffer, most importantly those that suffer.

Once again, thank you for those that gave me advice on the law. It really helped and i hope that a guest reading this topic can learn a great deal about the law as well as the human spirit...

[Mike B. 231]

"Mr. Abdul Aloysius Deepak Garcia"

The President has wide authority, under Article II, Section 2, of the Constitution, to grant pardons.

"and he shall have Power to Grant Reprieves and Pardons for Offences against the United States"

The Office of the Pardon Attorney (which accepts applications for Presidential pardons) believes that any judgment which may be issued by an authority of the government that has an adverse consequence that can be viewed as a punishment, penalty, or disability, may be pardoned by the President. The President can even preemptively pardon without a judgment actually being issued, as Gerald Ford did for Richard Nixon.

In this case, the "judgment" is by the consulate, and the "adverse consequence" is the finding of inadmissibility. And yes, Presidents have issued pardons for people who were not US citizens or LPR's, most commonly to stop a deportation.

There are several law offices around the country that specialize in Presidential pardons. Normally, you have to wait until 5 years after the "judgment" before they'll take your case, but one (Levin and Zeigler LLP, in Philadelphia) will take an immigration related case without forcing you to wait.

http://www.federalpresidentialpardon.com/

Now, let's get real. The odds of getting a Presidential pardon are extremely remote. Most Presidents receive many thousands of pardon applications, but only grant comparatively few actual pardons.

I think the point is that the OP's fiance did not commit an "offense against the United States." He committed an offense against the state of the Republic of South Africa.

[Mike B. 231]

Ok, once again i will say that i did not contact my congresswoman for special favors, i simply asked her immigration aid for advice... that is all.

For those who have offered information to me, I am highly grateful for you. Jim, you are an honest, intelligent, resourceful man and I thank you for the information that you have provided.

I have been researching this topic for over a month now and our next course of action will be for him to attempt to have the conviction expunged from his record. That will be the only way for him to get here.

But all legalities aside, I would like to address those who seem to enjoy jabbing me with remarks such as telling me to pack my bags and get out or he does not deserve to come to the US...

I am a mother of 2 and a teacher. That is how i met Conway. I was teaching in South Africa. we spent a lot of time together in a close setting and when that happens, you can really get to know someone, very well. I would not be fighting for him if i felt he was not worth it.

I feel like some of you gave "advice" with some pretty harsh jabs when you dont even know who we are. He messed up, period. and he is doing what he can to rectify that mistake. I know this does not mean he should get in the states but that does not mean that you have to be so cruel in delivering information.

I also teach my children the consequences of their actions, but i also teach my children compassion. It means a great deal to me that my children embrace all that succeed and suffer, most importantly those that suffer.

Once again, thank you for those that gave me advice on the law. It really helped and i hope that a guest reading this topic can learn a great deal about the law as well as the human spirit...

For the record, I think that the laws that pertain to drug use and possession in the United States are largely stupid. Your fiance used to use cocaine -- something that he, Barack Obama, and George W. Bush all have in common. I hope he is clean now and you somehow find a way to live with him wherever you choose in happiness. The problem is, unfortunately, that USCIS works in a pretty binary manner: "Are we legally obligated to do X? If yes, than do X. Are we legally prohibited from doing Y? If yes, then do not do Y." Saying "The law really ought to allow USCIS to allow my fiance in the country" is the wrong way to think about things.

Good luck with everything. I hope you find a satisfactory resolution to your issue. If I could help you further, I would, but I cannot.

[coraliesolms 47]

Hmmm, what a mess. And yes, the US president can not forgive a crime commited in SA.. Only SA officials can forgive that. Sounds to me though that he is still under a suspended sentence. Perhaps you will at least have to wait for that to be finished with before filing. After that Im not sure what the deal will be. I do know for sure though that they will absolutely not let him immigrate if he is still "in trouble". And I dont think anyone is telling you to "get out" of the US, we are just merely preparing you for the probability that you might have to move there if you want to be with your lovie. Its a hard pill to swallow, and I imagine you are somewhat frantic about resolving the issue.

People on VJ give their honest opinions, sometimes its not delivered in a politically correct way, but dont take it too personally. Coulda, woulda, shoulda's wont help you guys now, only cold hard facts will. He commited a very serious offense, one that he probably never intends to commit again. But cocaine is a serious problem in the USA and Immigration Officials do not look at it as though "oops, we were all young once". They look at it as "this man uses an illegal drug and we dont want him bringing those habits to the USA".

Please try not to get offended by people stressing the reality and seriousness of the struggles you face.