scared - criminal record

[sar555 0]

Hello everyone - this is my first post and I'm hoping I get some good feedback since I've been worried sick for weeks.... I'm awaiting an interview date in London with my husband. 12 years ago my he was in remand for roughly 4 months for concern in the supply of drugs and fighting. This means no drugs were ever found but they thought he might know information on it (at least that's my understanding)- there were no drugs to find anyhow as he was innocent of that. Problem is, before he was supposed to go to court, they say if you plead guilty you can walk out today. They were scared that if he said not guilty and won, he's sue for false arrest. He really wanted out right away so he said guilty and walked out. I've read tons and tons and I know drug crimes are grounds for dismissal but are there any tid-bits of positive light for us? I should note too, he has nothing else on his record - just the wrong place at the wrong time 12 years ago. We've been using a lawyer since the start so I think I need to sit tight until the police records come back but this is a nightmare - i can't sleep!!! Anyone heard of worse that turned out okay?

[homesick_american 1]

Well...there's someone who posts here whose husband has a drug trafficking conviction on his record (she says he did not know that's what he was pleading guilty to)...his app was denied and so was his waiver.

Drug convictions are taken pretty seriously; wait to see what he has actually been convicted of, then lawyer up. If it shows up on his record you will almost certainly be denied at the interview and you will have to file a waiver. Even if it doesn't, he still has to reveal the arrest, and he'll probably be denied, and you will have to file a waiver. Check out the waiver forum and you might as well get started on your waiver now since I predict you'll need it. I'm no expert though; the people in the waiver forum will know much more about this.

Edited April 19, 2007 by homesick_american

[Jasman0717 9]

Here is the link to the USCIS site: http://travel.state.gov/visa/frvi/ineligib...ities_1364.html

[homesick_american 1]

On the face of it he looks inadmissible to me:

(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.

© CONTROLLED SUBSTANCE TRAFFICKERS- Any alien who the consular officer or the Attorney General knows or has reason to believe--

(i) is or has been an illicit trafficker in any controlled substance or in any listed chemical (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)), or is or has been a knowing aider, abettor, assister, conspirator, or colluder with others in the illicit trafficking in any such controlled or listed substance or chemical, or endeavored to do so; or

(ii) is the spouse, son, or daughter of an alien inadmissible under clause (i), has, within the previous 5 years, obtained any financial or other benefit from the illicit activity of that alien, and knew or reasonably should have known that the financial or other benefit was the product of such illicit activity, is inadmissible.

http://travel.state.gov/visa/frvi/ineligib...ities_1364.html

A lawyer can give you a better idea of what the odds of a waiver succeeding are after you figure out exactly what he was convicted of.

[sar555 0]

I've read everything on about 20 websites about drug convictions so I'm up to speed on that but here's another question as well.... any ideas on how to find statues of what exactly that charge means from the year it happened? (so that's 1995 or 1994)

[homesick_american 1]

I've read everything on about 20 websites about drug convictions so I'm up to speed on that but here's another question as well.... any ideas on how to find statues of what exactly that charge means from the year it happened? (so that's 1995 or 1994)

What have you read on 20 websites about drug convictions? Do you even know what he was convicted of?

I have to be honest with you, the US treats drug offenses VERY harshly. Hope for the best, but prepare for the worst.

[sar555 0]

I've read everything on about 20 websites about drug convictions so I'm up to speed on that but here's another question as well.... any ideas on how to find statues of what exactly that charge means from the year it happened? (so that's 1995 or 1994)

What have you read on 20 websites about drug convictions? Do you even know what he was convicted of?

I have to be honest with you, the US treats drug offenses VERY harshly. Hope for the best, but prepare for the worst.

Sorry I meant I've read all the websites on what's inadmissable.....

[homesick_american 1]

I've read everything on about 20 websites about drug convictions so I'm up to speed on that but here's another question as well.... any ideas on how to find statues of what exactly that charge means from the year it happened? (so that's 1995 or 1994)

What have you read on 20 websites about drug convictions? Do you even know what he was convicted of?

I have to be honest with you, the US treats drug offenses VERY harshly. Hope for the best, but prepare for the worst.

Sorry I meant I've read all the websites on what's inadmissable.....

The waiver forum is a better place to look for answers than the K-3 General Discussion forum.

Good luck.