Diversity visa selected for family, but husband denied due to criminal record

[atolic7@gmail.com 1]

I have a big problem with our case if someone could help. My family applied for a diversity visa and we were randomly chosen this year. 3 of us received a diversity visa and my husband was denied. We were supposed to enter the States by Sept 9th and we did not do that because of my husband. We have a 7 year old daughter and 1 year old son. 

 

The reason why my husband was rejected is that he had a criminal record about 13,14 years ago for selling drugs. But the thing is that his brother was selling drugs and in order to lower his brother's sentence, my husband went to jail because of him. The sentence was at least 3 years and my husband received 1 year and because of good behavior, they let him go out from prison after nine months. His brother was in jail for 3 years. So, every time we apply for a tourist visa, he gets denied. We did that twice and we told the truth but at the interview at the American embassy, they just reject his visa. The same thing happened with a Diversiy visa. So my question is will he ever be able to enter the us and what steps we need to do to make it work? I was really in shock this past summer because for them, he is criminal and we do not know how to change this. We even sent several emails to the Embassy and asked them many questions such as will he ever be able to enter? After how many years but the never replied to us. If we can get any advice, i would really appreciate it. 

 

I lived in Gainesville, Florida for my high school education and i have a diploma from the Rochester institute of technology, in hotel and resort industry. Now, I work for the reservations office for sheraton and the westin hotel chains. My husband works in sales for British american tobacco. 

Any help or advice would be appreciated. Thank you 

 

[canadian_wife 1,822]

Change how?  Sadly he is a convicted felon.  I’m assuming, actually what kind of drugs was he selling and how much?  Sorry I shouldn’t have assumed.

 

while the mentality of the legality of some drugs is changing, for others it isn’t.

 

good luck

[atolic7@gmail.com 1]

He was not selling any drugs, his brother was. 

[SalishSea 17,819]

41 minutes ago, atolic7@gmail.com said:

He was not selling any drugs, his brother was. 

Unfortunately, as far as the law is concerned he is a felon.   Call it misplaced loyalty for his brother, but he made a poor choice, and he won’t be getting a visa to the US because of it.

[Unlockable 7,314]

39 minutes ago, atolic7@gmail.com said:

He was not selling any drugs, his brother was. 

That does not matter. You can't try to change the story. You admitted in your post that your husband went to jail for his brother. That means on paper, he admitted guilt and was convicted and sentenced. It does not matter who the real culprit was... your husband willingly served the time and now has the criminal record.

 

That drug record disqualifies him for a lot of visas, like the multiple futile attempts for a tourist visa.

 

Listen, we want to help you, but there are some harsh realities you and your husband must come to. Your husband has a criminal record for drugs. Even if he did the time to save his brother, he must bear the weight of that decision.

[SusieQQQ 11,586]

2 hours ago, Unlockable said:

That does not matter. You can't try to change the story. You admitted in your post that your husband went to jail for his brother. That means on paper, he admitted guilt and was convicted and sentenced. It does not matter who the real culprit was... your husband willingly served the time and now has the criminal record.

 

That drug record disqualifies him for a lot of visas, like the multiple futile attempts for a tourist visa.

 

Listen, we want to help you, but there are some harsh realities you and your husband must come to. Your husband has a criminal record for drugs. Even if he did the time to save his brother, he must bear the weight of that decision.

This ^
 

The US is very unforgiving immigration-wise when it comes to drug convictions. There are US citizens who have had to move overseas to be with their spouses because the spouse has a drug conviction and cannot get a US visa. Unfortunately it does not look like the US is in the future for your husband. 

[atolic7@gmail.com 1]

I understand but if we told the truth and if it has been more then 13,14 years, that means he will never be able to enter as a tourist to see where I lived as a student and where I studied. Is there any immigration lawyer here? I do not know the law regarding this 

[atolic7@gmail.com 1]

What about tourist visa? Is it the same that he will never be able to enter the us? 

[SusieQQQ 11,586]

50 minutes ago, atolic7@gmail.com said:

I understand but if we told the truth and if it has been more then 13,14 years, that means he will never be able to enter as a tourist to see where I lived as a student and where I studied. Is there any immigration lawyer here? I do not know the law regarding this 

The only “truth” they can use is the official police/criminal record.

44 minutes ago, atolic7@gmail.com said:

What about tourist visa? Is it the same that he will never be able to enter the us? 

Yes. A drug conviction is a permanent bar to admission to the US. There is some leeway for a one time conviction of a small amount of marijuana for personal use over 15 years prior, or for some offenses committed under the age of 18, but this case does not sound like that.

 

As for the law, this is the link to the manual the consulates use to determine ineligibility on drug related grounds 

https://fam.state.gov/fam/09FAM/09FAM030204.html

(Note not every part of the manual is available publicly but you should get most of it here)

 

 

 

Edited November 1, 2021 by SusieQQQ

[JeanneAdil 6,491]

47 minutes ago, atolic7@gmail.com said:

I understand but if we told the truth and if it has been more then 13,14 years, that means he will never be able to enter as a tourist to see where I lived as a student and where I studied. Is there any immigration lawyer here? I do not know the law regarding this 

There are

and several lawyers will take your money

Can they change the outcome?   No

 

The law from USCIS 

 

http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1101&num=0&edition=prelim

[SusieQQQ 11,586]

By the way, because the offense related to selling drugs (trafficking is the strictest part of the law), even if you can somehow manage to convince them that he was innocent of actual drug selling he would probably still be found inadmissible under the following section (from my previous link) - as he clearly did aid his brother, if not in the actual selling then in the evasion of the full legal consequences for doing so.

 

(U) INA 212(a)(2)(C) renders ineligible:

(1)  (U) Any applicant who you or DHS knows or has reason to believe is or has been an illicit trafficker in any controlled substance or in any listed chemicals 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 controlled or listed substance or chemicals, or endeavored to do so.  Such a person is ineligible under INA 212(a)(2)(C)(i);

 

I mean, by all means talk to a lawyer but understand that your husband is just unlikely to ever get to the US.
 

Also this isn’t actually a diversity visa question, if the DV visas have expired they are now useless. 

[jan22 3,052]

1 hour ago, atolic7@gmail.com said:

What about tourist visa? Is it the same that he will never be able to enter the us? 

The following is based on the assumption that he was found ineligible under 212(a)(2)(C) of the INA (trafficking in controlled substances).

 

      There is no waiver of his ineligibility for an immigrant visa, so he will never be able to live with you in the US.

     

      There is, technically, a waiver of the ineligibility for a non-immigrant visa (e.g., a tourist visa), but it is rarely granted.  If you and the children immigrate, with his family living in the US it is highly unlikely that a waiver would be approved, IMO.

[carmel34 3,621]

3 hours ago, atolic7@gmail.com said:

that means he will never be able to enter as a tourist to see where I lived as a student and where I studied

Sounds like a big positive in your case is that you are living together abroad and are not separated.  You're able to be together every day, raise your family together, and both have good jobs where you currently reside.  I realize that you would like him to see where you lived in the US in the past, but with his criminal record he is ineligible for any kind of visa to enter the US.  Good luck to you and your family!

[Boiler 45,464]

Drug dealing is about as bad as it gets from a US perspective.

 

Many years ago I came across a case where someone with such a conviction apparently obtained a E Treaty Trade visa with a waiver, never did find out the details.

[syphax 4]

I think in your case, the only solution that may find and provide some help, is to contact a lawyer , in your country , and also if you can in United States, they can guide you with some helpful informations and solutions. good luck