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

[Rocio0010 5,579]

29 minutes ago, atolic7@gmail.com said:

I Was asking for an immigration laywer if someone could suggest

VJ is mostly a DIY site, you I am not sure you’ll find suggestions here. Google them.

[Boiler 45,466]

http://www.scottimmigration.net/

 

Best Lawyer I know on these issues

[slammzJD 0]

Since there is no waiver available for controlled substance convictions, you would have to reopen the case and file a motion to vacate the guilty plea (or guilty finding) with a request for new trial.  However, If this happened in Croatia then the procedural process may be slightly different. I recommend contacting a criminal defense attorney to discuss your options. 

[Angela & Paul 12]

There are many other beautiful countries you can visit or live in - in Europe for ex. - where they treat their people way better than in the US. I don’t know why you’re so uptight on staying in the US.

Paying tens of thousands for a visa is not worth it unless money and time is no issue. Especially for a visa he won’t get unless he has a retrial in court in Croatia and he’s deemed innocent.

It might make you feel good but it won’t change the outcome.

 

 Also there are inconsistencies in your story and clarifications are in order. Like which country was he sentenced in (criminal records), what is your country of origin (you say: in “my” country his record is clean), where you live (says Boston on your profile) and where he is currently living (separation is frown upon). 
you should feel lucky to have won at the diversity visa lottery, but winning only gives you the right to APPLY for immigration. Outcome is never guaranteed…

[jan22 3,052]

One other point that needs to be made in any case that involves drug trafficking -- a conviction is not needed for a person to be ineligible for entry into the US under INA 212 (a)(2)(C).  The standard is "reason to believe" that the trafficking occurred.  Even if the conviction disappears somehow, the whole background that surrounds it is in your case file and a consular officer could still apply the ineligibilty, as they have reason to believe the actions occurred and that the record change was done solely for immigration purposes.

Edited November 10, 2021 by jan22

[WanderingSouls 173]

On 11/1/2021 at 4:14 AM, atolic7@gmail.com said:

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 

 

Hi, it's a terrible feeling to be held back and forever punished for 1 past  mistake. Especially isolated events.

 

Youthful transgressions often resurface years later falsely painting the individual as something he/she is not. 

 

Lawyers , will take your money and try to get him in but most likely will just get your money..

 

Keep your head up tho!. There is one suggestion I have for you..

 

If u have money for a lawyer, please use it in your home country. Your one shot, as I see it, is to petition in his country for clemency, or a government pardon, or expungement of record...

 

If he made a mistake as a youth and has gone on to become a productive rehabilitated member of society he may be able to remove or expungement the conviction on humanitarian or other grounds. 

 

The key would be to have it done in the country that the offence originated in..

 A record of a crime ,for which u have been issued clemency or pardoned, can not be used against you by usics....

 

I hope this gives you some comfort , as it probably, in my opinion, is your only chance for him...

 

I wish you good luck and happiness,

 

Count your blessings not your burdens!

[Boiler 45,466]

1 minute ago, WanderingSouls said:

Hi, it's a terrible feeling to be held back and forever punished for 1 past  mistake. Especially isolated events.

 

Youthful transgressions often resurface years later falsely painting the individual as something he/she is not. 

 

Lawyers , will take your money and try to get him in but most likely will just get your money..

 

Keep your head up tho!. There is one suggestion I have for you..

 

If u have money for a lawyer, please use it in your home country. Your one shot, as I see it, is to petition in his country for clemency, or a government pardon, or expungement of record...

 

If he made a mistake as a youth and has gone on to become a productive rehabilitated member of society he may be able to remove or expungement the conviction on humanitarian or other grounds. 

 

The key would be to have it done in the country that the offence originated in..

 A record of a crime ,for which u have been issued clemency or pardoned, can not be used against you by usics....

 

I hope this gives you some comfort , as it probably, in my opinion, is your only chance for him...

 

I wish you good luck and happiness,

 

Count your blessings not your burdens!

Did you read the thread?

[WanderingSouls 173]

2 minutes ago, Boiler said:

Did you read the thread?

I thought so , what did I miss? 

[Boiler 45,466]

1 minute ago, WanderingSouls said:

I thought so , what did I miss? 

The one above your post.

 

And USCIS do not handle Tourist visa's but that is a minor point.

 

 

[WanderingSouls 173]

1 minute ago, Boiler said:

The one above your post.

 

And USCIS do not handle Tourist visa's but that is a minor point.

 

 

I'm trying to be positive and I'm don't going to argue with u .but a pardon for the crime would solve his problem. 

[WanderingSouls 173]

Say something positive and keep your snide quips to yourself

[Boiler 45,466]

Just now, WanderingSouls said:

I'm trying to be positive and I'm don't going to argue with u .but a pardon for the crime would solve his problem. 

So you did not read this:

 

 

Quote

One other point that needs to be made in any case that involves drug trafficking -- a conviction is not needed for a person to be ineligible for entry into the US under INA 212 (a)(2)(C).  The standard is "reason to believe" that the trafficking occurred.  Even if the conviction disappears somehow, the whole background that surrounds it is in your case file and a consular officer could still apply the ineligibilty, as they have reason to believe the actions occurred and that the record change was done solely for immigration purposes.

 

[WanderingSouls 173]

27 minutes ago, Boiler said:

So you did not read this:

 

 

 

What I read said drug sales...she said drug sale..not trafficking...

[Rocio0010 5,579]

1 hour ago, WanderingSouls said:

A record of a crime ,for which u have been issued clemency or pardoned, can not be used against you by usics....

Not being mean, but are you an attorney? Is there a written statement on behalf of DHS or USCIS that says so?

[WanderingSouls 173]

2 hours ago, ra0010 said:

Not being mean, but are you an attorney? Is there a written statement on behalf of DHS or USCIS that says so?

No I'm not an attorney . But have had personal experience with lottery visas.

 

A charge for which u are found not guilty , aquitted , fully pardoned for or given clemency should not interfere with tourist or lottery visas and as such would be her best chance .

Edited November 10, 2021 by WanderingSouls