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

[Rocio0010 5,579]

9 minutes ago, WanderingSouls said:

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 .

“Should not” is not the same as “cannot”. DHS can absolutely deem someone as inadmissible, even with charges that have been expunged. 

[SalishSea 17,818]

8 hours ago, 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. 

No, it actually would not.  You are blindly giving incorrect advice.

8 hours ago, WanderingSouls said:

Say something positive and keep your snide quips to yourself

You best re-read the TOS for VJ.

[SalishSea 17,818]

7 hours ago, WanderingSouls said:

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

What do you think the difference is.....?  Selling IS trafficking.

[WanderingSouls 173]

On 11/10/2021 at 9:10 PM, Jorgedig said:

What do you think the difference is.....?  Selling IS trafficking.

Legally , Sir, there is a very big difference.. trafficking is a much more severly  classed offence  compared to a simple sales charge.  And if you have been aquitted, fully pardoned or given clemency is his best and only shot if he were going to spend money on legal fees...a standard immigration lawyer isint going to help his situation . A full pardon and a sealed record would be a better use of his funds ...and , I stand by that original statement.. i don't claim to be a lawyer or offer legal advice.. my original comments are my oppinion as related to personal experience .thanks tho.

Edited November 15, 2021 by WanderingSouls

[jan22 3,052]

10 hours ago, WanderingSouls said:

Legally , Sir, there is a very big difference.. trafficking is a much more severly  classed offence  compared to a simple sales charge.  And if you have been aquitted, fully pardoned or given clemency is his best and only shot if he were going to spend money on legal fees...a standard immigration lawyer isint going to help his situation . A full pardon and a sealed record would be a better use of his funds ...and , I stand by that original statement.. i don't claim to be a lawyer or offer legal advice.. my original comments are my oppinion as related to personal experience .thanks tho.

If you research the legal definition of trafficking, you will see something along the lines of " selling, transporting, or importing" controlled substances.  While there may be a range of legal charges depending on frequency, quantity, etc., for immigration purposes, there is essentially no difference between being a cartel narco-trafficker and participating in one attempt to sell a controlled substance.  Take a look in the "Application" section of 9 FAM 302.4-3 (B) (https://fam.state.gov/fam/09FAM/09FAM030204.html#M302_4_3) and see 302.4-3 (B)(1) "Examples of Trafficking" -- which makes it clear there is a very broad range of what is considered trafficking, including a single act of selling or aiding in a sale (even if the sale is unsuccessful).  It also makes clear that a conviction is not needed to apply this ineligibility; therefore, getting the conviction in this case pardoned, expunged, sealed or any other similar action will not change the result.

Edited November 15, 2021 by jan22

[Rocio0010 5,579]

10 hours ago, WanderingSouls said:

a standard immigration lawyer isint going to help his situation

Nor will a pardoned or expunged record. For immigration purposes, even assisting in a sale can make someone inadmissible.

[WanderingSouls 173]

3 hours ago, ra0010 said:

Nor will a pardoned or expunged record. For immigration purposes, even assisting in a sale can make someone inadmissible.

Ok well , I'm not here to argue with you about my personal experience with immigration and a felony for which a full pardon from the King was issued .. but I will again remind you .. what I was saying originally was "IF THEY ARE LOOKING FOR AN IMMIGTRATION LAWYER "( WHICH THEY WERE)  THE MONEY "WOULD BE BETTER SPENT "  and have more of an impact if spent " IN HIS HOME COUNTRY" ON GETTING A PARDON OR EXPUNGEMENT. I said it's a better use of funds ..meaning it could benefit his life AS OPPOSED TO spending the money on an imigtation lawyer to get around a conviction as that spent money would not likely benefit him in the end at all.. I only said "ITS HIS BEST SHOT"  going the pardon, EXPUNGEMENT route rather than immigration lawyer route..Again thanks tho

Edited November 15, 2021 by WanderingSouls

[WanderingSouls 173]

4 hours ago, jan22 said:

If you research the legal definition of trafficking, you will see something along the lines of " selling, transporting, or importing" controlled substances.  While there may be a range of legal charges depending on frequency, quantity, etc., for immigration purposes, there is essentially no difference between being a cartel narco-trafficker and participating in one attempt to sell a controlled substance.  Take a look in the "Application" section of 9 FAM 302.4-3 (B) (https://fam.state.gov/fam/09FAM/09FAM030204.html#M302_4_3) and see 302.4-3 (B)(1) "Examples of Trafficking" -- which makes it clear there is a very broad range of what is considered trafficking, including a single act of selling or aiding in a sale (even if the sale is unsuccessful).  It also makes clear that a conviction is not needed to apply this ineligibility; therefore, getting the conviction in this case pardoned, expunged, sealed or any other similar action will not change the result.

You're right it may not ,and is likely not to, change the result. But spending money on an immigration lawyer to try and get around a conviction (as they were inquiring about) definitely will not change the result and would be a total waste if funds....I merely suggested that if they were going to hire a lawyer that money would be better spent on a pardon or expungement in his home country and not on an immigration lawyer..

[WanderingSouls 173]

8 hours ago, ra0010 said:

Nor will a pardoned or expunged record. For immigration purposes, even assisting in a sale can make someone inadmissible.

Touche' . I guess your law degree superceded my personal experience obtaining an immigration visa after full pardon/expungement. P.S. your key words were "can make"

Edited November 15, 2021 by WanderingSouls

[Boiler 45,466]

Hopefully you declared it.

[Rocio0010 5,579]

36 minutes ago, WanderingSouls said:

Touche' . I guess your law degree superceded my personal experience obtaining an immigration visa after full pardon/expungement. P.S. your key words were "can make"

If you don’t mind me asking, what was your crime? That might make the difference. And now, I don’t have a law degree. You don’t need to be a lawyer to understand what 9 FAM 302 says, do you?

Anyways, OP can try. But like I said above, even if he was innocent, he plead guilty to save his brother. So according to the law, he is a felon.

[jan22 3,052]

18 hours ago, WanderingSouls said:

You're right it may not ,and is likely not to, change the result. But spending money on an immigration lawyer to try and get around a conviction (as they were inquiring about) definitely will not change the result and would be a total waste if funds....I merely suggested that if they were going to hire a lawyer that money would be better spent on a pardon or expungement in his home country and not on an immigration .

You actually went further than your suggestion about lawyers in your posts when you said:

 

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

And,

     "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."

 

 I don't want to be argumentative, and do not discount your personal experience.  However, unless your pardon/clemency was for a drug trafficking offense, your experience is not relevant to the original poster's case.  There is one very important point that your posts don't acknowledge -- that is, whether tbere is a conviction for drug trafficking (selling drugs or aiding someone to do so) is irrelevant.  A conviction is not needed for the finding of ineligibility under 212 (a)(2)(C).  Suggesting in any way that hiring a lawyer to change the status of the conviction will make a difference likely provides false hope -- especially since this is for a Diversity Visa and the OP now has no apparent path to immigration.

 

OP -- as I said earlier, there is no waiver of the ineligibility for an immigrant visa.  At some point in the future, if he is found eligible on all other grounds, there is a possibility (slim at least for now, IMO) of a waiver of the ineligibility for a non-immigrant (visitor) visa.   He will first have to also overcome the assumption that he is an intending immigrant -- which has now been strengthened by his family's DV applications.  I know this all sounds harsh -- which it is -- but it's the apparent reality of your situation.

 

 

Edited November 16, 2021 by jan22

[WanderingSouls 173]

On 11/10/2021 at 4:50 PM, ra0010 said:

“Should not” is not the same as “cannot”. DHS can absolutely deem someone as inadmissible, even with charges that have been expunged. 

Agreed

[WanderingSouls 173]

2 hours ago, jan22 said:

You actually went further than your suggestion about lawyers in your posts when you said:

 

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

And,

     "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."

 

 I don't want to be argumentative, and do not discount your personal experience.  However, unless your pardon/clemency was for a drug trafficking offense, your experience is not relevant to the original poster's case.  There is one very important point that your posts don't acknowledge -- that is, whether tbere is a conviction for drug trafficking (selling drugs or aiding someone to do so) is irrelevant.  A conviction is not needed for the finding of ineligibility under 212 (a)(2)(C).  Suggesting in any way that hiring a lawyer to change the status of the conviction will make a difference likely provides false hope -- especially since this is for a Diversity Visa and the OP now has no apparent path to immigration.

 

OP -- as I said earlier, there is no waiver of the ineligibility for an immigrant visa.  At some point in the future, if he is found eligible on all other grounds, there is a possibility (slim at least for now, IMO) of a waiver of the ineligibility for a non-immigrant (visitor) visa.   He will first have to also overcome the assumption that he is an intending immigrant -- which has now been strengthened by his family's DV applications.  I know this all sounds harsh -- which it is -- but it's the apparent reality of your situation.

 

   

 Sorry English translation let me try clarify what I meant by all caps additional.

 

   "A record of a crime ,for which u have been issued clemency or pardoned, can not (MAY NOT ALWAYS  AS ALL CASE DIFFER IN DETAIL) be used against you by uscis..."

And,

     "I'm trying to be positive and I'm don't going to argue with u .but a pardon for the crime would(COULD) solve his problem." (BUT IF NOT SOLVE HIS PROBLEM AT LEAST WOULD ACCOMPLISH SOMETHING.AS A PARDON MAY BENEFIT HIS FUTURE IN OTHER WAYS.WHERE AS HIRING AN IMMIGRATION LAWYER TO CHALANGE AN EXISTING CASE RULING WOULD LIKELY NOT ACOMPLISH ANYTHING AND BE A TOTAL WASTE OF MONEY)

 

While I only give my opinion baised on personal experience I know other experiences and opinions may be different.

 

30 years ago As a juvinile convicted of drug possession in facilitation of sales and then later issued a full pardon/clemency and expunged record. This was known to USCIS and the circumstances considered during visa proceedings and now 11 years a productive US citizen.

Edited November 16, 2021 by WanderingSouls