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

[AnAmericanInLove 1]

It is a shame that American drug laws are so ancient. MDMA is not a drug like heroin. My goodness. Do people still believe that? Lol. I think now its a shameful crime, but in five years, it will replace our antidepressants. Ah, but that's just opinion, which matters none when it comes to protocol and the government. I have to believe there is a way through this.

http://www.maps.org/research-archive/mdma/mithoefer_etal_2012_ltfu.pdf

http://www.huffingtonpost.com/2015/03/18/dea-mdma-study_n_6888972.html

[Pinkrlion 2,722]

MDMA were originally made for medical treatment, that is not new, but due to the abuse of the drug has made it a Schedule I drug by DEA. Therefore an illegal substance.

[Boiler 45,524]

Has he visited the US?

[LionessDeon 2,060]

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

It is the correct application for K1 applicants. Once he arrives and you marry you file for AOS to get LPR status and greencard.

Lizz Cannon is our lawyer. Contact her she's very helpful and experienced.

Edited January 18, 2016 by LionessDeon

[ExPatty 502]

Good luck. I hope an evening of doing drugs doesn't impact this As that does seem unfair.

[canadian_wife 1,822]

Has he visited the US?

This is an excellent and very relevant question. Has he?

Good luck

[Boiler 45,524]

This is an excellent and very relevant question. Has he?

Good luck

[AnAmericanInLove 1]

Oh, my goodness, I apologize, I missed that post.

YES. Tom has visited the United States since his conviction.

[Boiler 45,524]

How, what visa did he get, how long ago? What process did he go through?

[AnAmericanInLove 1]

Tom went to the USA on a tourist visa a few years ago (2013) with his ex wife. They used an ESTA? That's what he said it was called. There is no copy of it, because he renewed his passport and threw it out. I am not sure what kind of process they go through, but he mentioned there were no problems. Is this something to be concerned about? Sorry, I really wish I was more experienced with this.

[Aussielad 37]

With the ESTA, it asks if he has ever been convicted or arrested for an offense. With that, he would not have been eligible to have used the ESTA program and would have had to have gone to the U.S. consulate for a tourist visa.

If he answered "no" on the ESTA form when in reality, he has been arrested and convicted for the drug possession, even though it was many years ago, there is a high possibility that he could also have problems now for "misrepresentation" and lying on an official U.S. government form and to a U.S. government official.

Edited January 18, 2016 by Aussielad

[AnAmericanInLove 1]

Yup! That's right! We have a new issue to deal with now that we've uncovered the fact that he didn't say he had a conviction. I won't even get into what I think of that, but it happened. So, I see a future of waivers, more lawyer fees, and if with all of the evidence and consideration the government thinks he is not suitable to enter my home country, I guess I have to stay in the Netherlands. I don't know how on earth I can manage it, but I'm more of a romantic than a nationalist. So, if I can't go home, maybe the Netherlands will take a cripple with no job. lol. omg. such is life!

[Boiler 45,524]

Tom went to the USA on a tourist visa a few years ago (2013) with his ex wife. They used an ESTA? That's what he said it was called. There is no copy of it, because he renewed his passport and threw it out. I am not sure what kind of process they go through, but he mentioned there were no problems. Is this something to be concerned about? Sorry, I really wish I was more experienced with this.

Yes

ESTA asks among other thing questions about criminal history. How did he get authorised with his drug conviction?

[Boiler 45,524]

I do not see a path to the US on an immigrant basis, do not see there is a waiver available for his drug conviction and add a Misrep charge on top...

[JayJayH 546]

Yup! That's right! We have a new issue to deal with now that we've uncovered the fact that he didn't say he had a conviction. I won't even get into what I think of that, but it happened. So, I see a future of waivers, more lawyer fees, and if with all of the evidence and consideration the government thinks he is not suitable to enter my home country, I guess I have to stay in the Netherlands. I don't know how on earth I can manage it, but I'm more of a romantic than a nationalist. So, if I can't go home, maybe the Netherlands will take a cripple with no job. lol. omg. such is life!

Yes, I would definitely consult with an experienced immigration attorney. If anything, it's at least worth a shot. But this is not a DIY case.

For a K-1, he'll have to submit a police certificate. The drug conviction will be an issue, and they will see the old ESTA form(s) where he checked off "no" to the question if he has previously been arrested. Lying on an immigration form is not something the U.S. government takes lightly. I know that this is not what you want to hear, no one does, but I don't see any way to overcome both a drug conviction and a misrepresentation without a very strong waiver case.

The I-129f petition will likely be approved by USCIS. This petition is only to establish that a petitionable relationship exists. He'll be scheduled for a visa interview, where he will be denied based on the drug conviction and misrepresentation. He would then be told whether or not he is eligible for a waiver.

Edited January 18, 2016 by JayJayH