Drug Possession Charge...I'm sure you've heard this before...

[AnAmericanInLove 1]

Well, hello to anyone and everyone,

I am living in the Netherlands, and fell in love last year. I am an expat. I have been travelling since birth, and now it's time to head back to my home country. I have a lovely fiance, and he helps me survive disability and pain everyday with a warm heart.

Now, to the immigration issue.

My man had a drug conviction at 18. Yup, it was long long ago, 19 years. It's The Netherlands, and when he was young, he got busted for having a few pills of x. No distribution. No trafficking. The charge was possession, he went to court, was ordered to do 80 hours of community service. His life moved on, he works, he lives, owns property, pays taxes, and yay, he meets me and has to relive this punishment. Anyway, we are filing our K-1 visa, and presenting all of this information. We aren't hiding anything, because I'm an American, and my goodness, I don't believe Americans would banish someone from their country for something they did twenty years ago. Not for simple possession, as he is no danger to our society.

The record is clean here, his police certificate is clean, and it has been submitted. He has no current criminal record, as in The Netherlands, after several years the records are expunged.

Now, we're working with a law firm, and we are well aware this isn't a sure thing. My wedding fund is going toward paying for lawyers and filing fees. It's a huge gamble, but what wouldn't I do for the love of my life. I am arranging spinal surgery for the third time, and i shall recover through this process. I have anxiety and prayer. If anyone has any feedback, I would love to hear it. I am not able to go out and make many friends to discuss this with, so give me a shout if you're out there. :-)

If it doesn't work out, well, there goes a house we just bought in the USA. I'm not finished with university, no job, medical crises left and right. The only thing that keeps me going is my man some days. I have family that supports me, but I'm hoping after surgery I will be well enough to continue with school and work.

I've been on the move my entire life, and now it's time to go home. I hope my country will accept us as a couple.

Thanks for reading.

[Avery Cates 1,141]

I'm not finished with university, no job, medical crises left and right.

As long as it wasn't a trafficking charge, that will be a much easier time. If he's had a clean record since and the medical examiner doesn't believe that he is currently using when he has his medical exam, I believe you'll be ok without too much hassle, although someone more familiar with this particular piece of it may have something else to add.

The other issue that you're going to run into is that you have no income. You need to show that you're able to financially support the intending immigrant so that they won't become a public charge. If you're unable to, then you will need to find a co-sponsor who will be willing to be on the financial fence should he ever receive public means tested benefits.

[AnAmericanInLove 1]

Thank you for the reply! I will keep the faith alive.

I have no worries about the medical examiner.

As far as income, I am very lucky, and my father is sponsoring/co-sponsoring my fiance. There is no problem with backing that up. My father plans to support us until we are both working and set up. My man works here in the Netherlands, but it's a different ball game in the USA, and he doesn't have employment yet.

I'm the one with all the problems, so I guess it's about patience at this point. I just have to wait and think positive!

[Avery Cates 1,141]

(2) Criminal and Related Grounds

(A) Conviction of certain crimes.-

(i) In general.-Except as provided in clause (ii), any alien convicted of, or who admits having committed, or who admits committing acts which constitute the essential elements of-

(I) a crime involving moral turpitude (other than a purely political offense) or an attempt or conspiracy to commit such a crime, or

(II) a violation of (or a conspiracy or attempt to violate) any law or regulation of a State, the United States, or a foreign country relating to a controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)), is inadmissible.

(ii) Exception.-Clause (i)(I) shall not apply to an alien who committed only one crime if-

(I) the crime was committed when the alien was under 18 years of age, and the crime was committed (and the alien released from any confinement to a prison or correctional institution imposed for the crime) more than 5 years before the date of application for a visa or other documentation and the date of application for admission to the United States, or

(II) the maximum penalty possible for the crime of which the alien was convicted (or which the alien admits having committed or of which the acts that the alien admits having committed constituted the essential elements) did not exceed imprisonment for one year and, if the alien was convicted of such crime, the alien was not sentenced to a term of imprisonment in excess of 6 months (regardless of the extent to which the sentence was ultimately executed).

[Pinkrlion 2,721]

You may need to switch over and read the section for 601 Waivers. There are other VJers with your problem of a past drug conviction of possession, and they were denied and had to file for a waiver.

Obtaining an immigration lawyer was smart. Regardless of how long ago this occurred, YES AMERICA will ban him from our country, especially for a drug conviction. If it is illegal in the US, then Immigration feels the same applies to others who want to enter our country.

Edited January 17, 2016 by Pinkrlion

[AnAmericanInLove 1]

Thank you for the information! And Thank you for the feedback!

I've been told by my lawyer that there are no waivers for a possession of drugs other than 30g of marijuana. So, I'm off to explore the 601 you mentioned, and see if we can find something.

I agree, if the law is the law, what can you do? lol. I might disagree with it, but it sure won't change the situation. I'll have a look at the 601. Thanks again!

[LionessDeon 2,060]

My fiancé wasn't even charged with possession and he had to file a waiver. So they do take it very seriously not matter how long ago it was. Do your best to obtain what court records you can. Something that states the charge and the sentence. Good Luck!

http://www.visajourney.com/content/records

[AnAmericanInLove 1]

Does the 601 have to be done after an embassy interview, or can we file it straightaway? We are sending in the court records, and the police report along with our lawyer and petition, bio info, statements, photos, etc, etc. lol. The only way through this is the honest way.

[LionessDeon 2,060]

I don't think you're supposed to send in beneficiary police certificate or court records with the I-129f. That petition form doesn't really pertain as much to the beneficiary as it does the petitioner.

Once you receive NOA2 approval then the beneficiary will complete the DS160 that asks those questions. The records for the beneficiary are taken to the interview at the embassy. Then if refused but found eligible for a waiver the waiver is then filed. So yes after the interview.

Edited January 17, 2016 by LionessDeon

[AnAmericanInLove 1]

I see the DS160 is for a nonimmigrant visa, is this incorrect?

[Hypnos 6,576]

Lizz Cannon is one of the most highly-regarded waiver attorneys in the country.

http://www.lizzcannonlaw.com/i-601waiver/

As she states, unless you're talking simple possession of marijuana under 30g then a waiver is not available, and he is permanently ineligible to receive a US visa for life.

[AnAmericanInLove 1]

Yes, I've heard that many times. It very well may happen.

However on the 601, no.39, one can state other reason (in this case possession for a small substance), and describe the events surrounding it. Would this still not be possible to approve on a discretionary basis by U.S. Immigration?

[Hypnos 6,576]

Honestly, I'd arrange a free consultation with Lizz Cannon and ask her.

I would not get your hopes up, but if anyone knows a way through it it would be her.

[Pinkrlion 2,721]

However you may say small substance, ecstasy is a dangerous drug, an carries the same criminal penalties just like heroin. So although he may have only had three pills, that is huge in the eyes of the law. Continue to seek legal advise.

[deleted this acco 44]

The good thing is if he is denied you can still live in the Netherlands with him. Its not like you are stuck in some third world country. He has a job there you will be fine.