CR1 Visa - drug possession

[bond226 0]

I've been reading some of the topics about drug possession/convictions. I am consulting with an immigration attorney next week and I'd be interested in hearing anyone else's success or failures with this immigration issue. I've read a few threads on this topic and it seems remotely possible (maybe sliver of hope) to still get a CR1 visa but general consensus here seems to be that anyone with a drug possession conviction will be denied a visa. Most of the successes seem to come from the UK with "cautions" rather than convictions. I'll still roll the dice since there is no harm in trying.

Some background... My spouse is in Belarus. We were married in Dec 2015. She has a conviction for drug possession of bath salts and 1g of pot. This happened 3 years 11 months ago. At the time, her now ex-husband was being held for suspicion of distributing drugs. She had the bright idea to bring the drugs to the police and confess the drugs were hers to help her husband. The judge didn't believe that she was the drug dealer and she ended up getting probation for 6 months for possession because she confessed. Her ex-husband was convicted about 4 months later and received 7-8 years. Either way, it is on her record. She was also tested for drugs at the time of her arrest. She was clean. Her husband was also tested, he was positive.

Anyhow, I imagine I will get lots of advice from our attorney. I'm planning on having her get as much information about the judgement against her and her ex-husband as possible to see if it will tell a story from the judge's perspective.

When my spouse was convicted, bath salts were not regulated or illegal in the USA (someone correct me if I am wrong here). Anyone think that makes a difference? In Belarus, of course they had just passed the law in the month(s) prior. I wouldn't expect the when it became illegal in the USA to have any help to her visa process (read: denial), considering the law is the law. Plus I believe there might be generalities in the drug enforcement laws that might have covered these anyway.

Anyhow, I'd enjoy talking it out here if anyone is interested in chiming in.

And yes, I did know about the conviction but I read information about "moral turpitude" a few months ago and didn't think a drug possession charge was so serious. Sadly I think I was wrong but I would still marry her many times over. Not sure about living in Belarus though

[Transborderwife 4,666]

The pot alone may cause her an issue, but I believe that bath salts became illegal in 2012.

[Cathi 5,753]

Doesn't matter if bath slats are legal here, pot is not.This is a DIY site and you do not have a DIY case.

[Ryan H 3,812]

***Post violating the TOS removed and returned without the offending content.***

Doesn't matter if bath slats are legal here, pot is not.This is a DIY site and you do not have a DIY case.

Content violating the TOS (personal attack) removed - VJ Moderation


Edited: who said this was a DIY site? Isn't this a community to talk about immigration issues?

~~The section of the above post that I placed in bold and green is the purpose of VJ. VJ is not exclusive to those chose to handle their case without legal or professional assistance.~~

Edited March 23, 2016 by Ryan H

[bond226 0]

The pot alone may cause her an issue, but I believe that bath salts became illegal in 2012.

And by the way, thanks Transborderwife for the constructive response. I realize the small amount of pot may be an issue but at least a waiver can be requested for pot. It's pretty comical that we grant waivers for all kinds of ridiculously serious things but drug possession is the whammy.

I don't want to delude my topic with banter, but why edit my post when clearly the other poster did not read my post. I didn't say bath salts were legal here now or marijuana. His/her response has nothing to do with my question which I put in bold in case someone was too lazy to read my post. And in that case, I didn't need the lame response from him/her.

[WandY 430]

Smart that you are getting legal advice. I worked in the legal field for many years (am not giving legal advice here) and can tell you that EVERY case is unique. Although this site seems to be a DIY, some do seek counsel. I think "mimolicious" was basically stating that you should probably listen to your attorney and not the vast majority that take the journey without the aid of a lawyer. Listening and learning from others is great, but don't discount your lawyer over what you might learn here.

[sk23 7]

And yes, I did know about the conviction but I read information about "moral turpitude" a few months ago and didn't think a drug possession charge was so serious. Sadly I think I was wrong but I would still marry her many times over. Not sure about living in Belarus though

Small consolation for you perhaps, but there are other (and nicer) places in the world besides Belarus where you and your wife could live, and where immigration laws may be more liberal. Think Cyprus, Jamaica, Mexico, Thailand... I firmly believe that if you guys are truly getting along well, you will be happy anywhere, and with time everything will sort itself out. Laugh at it if you must, but you might want to take this opportunity to actually spend some time in Belarus with her, hang out with her family, friends etc. The cost of living is ridiculously cheap, you will do well with any Elance-style internet work or even teaching English to locals. This will straighten your relationship and will serve as a source of good memories for many years.

Heck, you could probably live there for a year with the money you're about to spend on lawyers!

You will also have a chance to see how your relationship fares without your American income or immediate relocation prospects. Not to imply anything personal, but many people are desperate to leave that region and marriage is a good way out. I was born in Ukraine so I know. Feel free to PM me if you ever have more questions.