Any chance at all for a beneficiary with a criminal record for drug trafficking to get cr-1 visa?

[npappas712 0]

Hello, my fiancee (from Colombia) and I were hoping to get married soon and apply for CR-1 visa.  When we first started dating she told me she had a drug charge for getting caught selling cocaine with an ex boyfriend. It was his operation and she was involved and charged through association. Conspiracy to sell narcotics was the charge. She was charged with 5 years in jail and spent 3 years in jail and was released on good behavior. I had always assumed, until I started doing more research that we could get married and they would approve the visa unless she was a terrorist or something. Well now I am seeing it is very unlikely.  Is there any path forward for us?  I am fortunate enough to have however much money is needed to make this happen but Im not seeing a viable path and I am worried. If we had a kid together would that change anything? If we get it expunged? Reopen the case and try to get it reclassified? Any waivers? Or should I start looking into moving to Colombia?

[Boiler 46,272]

Drug Trafficking, no waiver.

[SalishSea 18,219]

Nope.  

[carmel34 3,661]

10 hours ago, npappas712 said:

Or should I start looking into moving to Colombia?

Yes if you want to be together.

[TexasRafael 145]

There are no ways around it.  It will be denied, do not waste your time and money applying.  Move to Colombia.

[JeanneAdil 6,697]

1st

Colombia does not have a system of expunging criminal records

2nd

If u tried to file for her ,  expect FBI to be looking closely at your activity

 

 

[Ontarkie 14,548]

Even if Colombia had a system to expunge her record. USCIS would still need it declared and want the court records. There is no hiding it. 

[mitzab 302]

It is unfortunate but no it will be impossible,

 

(C) 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 802 of title 21), 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.

 

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

https://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title8-section1182&num=0&edition=prelim

 

 

 

 

 

 

 

 

 

 

[pushbrk 13,176]

Yes, if you want to be together it will not be in the USA.