Criminal record on the beneficiary

[Midnight-Sun 0]

Hi guys.

A lot of things happened this weekend, I got arrested for transfering of drugs which is a long long story but basically I held the drugs for a friend and did not earn any money or anything, I do not use drugs and I was basically the middle hand. I did a stupid mistake, I should have not done it in the first place and I do not know what the hell I was thinking about, but I confessed to doing it so and I'm not sure if this will impact on any future visa applies, me and my fiance still want to try to re-do the I-129F since it got denied because he lacked some missing paper but will this affect the papers? I have not been convicted yet and I'm still a suspect even though I confessed, and the police told me I wouldn't go to jail and would face a fine or community service and have a record for 5 years, in Sweden your criminal record is erased after 3,5 or 10 years depending on what crime you comitted and what penelty you got. A fine is the least serious penelty you can get for that crime and I do not know how this will impact my visa application?

I'm 20 years old, 21 in October and I read under the guidelines about criminal records and it does not look since it clearly said that the embassy looked seriously on drug trafficking which it basically is even though it's not really how it happened. What is our options? Should we try it before I get convicted, should he move here and get married or how should we do? Please help!

[az110965 252]

Sounds like a really tough situation and the news I have for you won't make it any better but the plain / simple truth is that trafficking in drugs is automatic denial of K-1 and lifetime ban.

Immigrate2US.Com is a forum similar to this one, but deals mainly with issues such as you're facing. They are probably better suited to give you good advice as to whether or not a waiver is even possible.

Good luck!

Alan

[pushbrk 12,569]

Sounds like a really tough situation and the news I have for you won't make it any better but the plain / simple truth is that trafficking in drugs is automatic denial of K-1 and lifetime ban.

Immigrate2US.Com is a forum similar to this one, but deals mainly with issues such as you're facing. They are probably better suited to give you good advice as to whether or not a waiver is even possible.

Good luck!

Alan

I don't mean to be unkind but the short answer is that it's time to seriously consider a life together outside the USA. The circumstances of your case (not the criminal case but the immigration case) will determine if a waiver if ineligibility is possible but the standard is a high one.

[Craneman 2]

There are no guilty people in prison.

[JimVaPhuong 4,863]

Hi guys.

A lot of things happened this weekend, I got arrested for transfering of drugs which is a long long story but basically I held the drugs for a friend and did not earn any money or anything, I do not use drugs and I was basically the middle hand. I did a stupid mistake, I should have not done it in the first place and I do not know what the hell I was thinking about, but I confessed to doing it so and I'm not sure if this will impact on any future visa applies, me and my fiance still want to try to re-do the I-129F since it got denied because he lacked some missing paper but will this affect the papers? I have not been convicted yet and I'm still a suspect even though I confessed, and the police told me I wouldn't go to jail and would face a fine or community service and have a record for 5 years, in Sweden your criminal record is erased after 3,5 or 10 years depending on what crime you comitted and what penelty you got. A fine is the least serious penelty you can get for that crime and I do not know how this will impact my visa application?

I'm 20 years old, 21 in October and I read under the guidelines about criminal records and it does not look since it clearly said that the embassy looked seriously on drug trafficking which it basically is even though it's not really how it happened. What is our options? Should we try it before I get convicted, should he move here and get married or how should we do? Please help!

You may have a chance, depending on the drug involved, the quantity you were caught with, and how the crime is classified. If the crime is classified as simple possession, then it falls under 212(a)(2)(A)(i)(II) of the INA. In that case, if the drug were marijuana, and the quantity were 30 grams or less, then you'd be eligible to apply for a waiver under section 212(h) of the INA. Your visa will initially be denied at the interview. Your USC petitioner should start preparing the waiver application now so that you can submit immediately after the interview. A good US immigration attorney can make a big difference here.

If the crime is classified as trafficking, then it won't matter what the drug or quantity is. You are inadmissible, and not eligible for a waiver, according to section 212(a)(2)(C ) of the INA. From your description, I'm afraid it sounds like it would be considered trafficking. Unfortunately, that one simple act may have barred you from ever entering the US.

You can read the text of the law here:

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

[VanessaTony 3,567]

You may have a chance, depending on the drug involved, the quantity you were caught with, and how the crime is classified. If the crime is classified as simple possession, then it falls under 212(a)(2)(A)(i)(II) of the INA. In that case, if the drug were marijuana, and the quantity were 30 grams or less, then you'd be eligible to apply for a waiver under section 212(h) of the INA. Your visa will initially be denied at the interview. Your USC petitioner should start preparing the waiver application now so that you can submit immediately after the interview. A good US immigration attorney can make a big difference here.

If the crime is classified as trafficking, then it won't matter what the drug or quantity is. You are inadmissible, and not eligible for a waiver, according to section 212(a)(2)(C ) of the INA. From your description, I'm afraid it sounds like it would be considered trafficking. Unfortunately, that one simple act may have barred you from ever entering the US.

You can read the text of the law here:

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

Agree with this.

Based on what you wrote in the OP that you were "holding" the drugs while waiting for someone else to collect then it is indeed trafficking. Your only hope is that it's classified as possession but as you said you admitted that you were the middle man (whether paid or unpaid) then I can't see how they can really say it ISN'T.. but there's always hope.

You said should you try now?.. you could of course TRY but you would need to select that you have been arrested, then they will ask for arrest/court records which would show the record anyway... If you do not admit to it, it's material misrepresentation and a lifetime ban. Even if you got through now and got US citizenship down the line, if they EVER found out you would have citizenship revoked..

So your best bet is to wait and see what it is exactly you're being charged with (some of them are dropped in court so you'd have to wait till after the court case). Only then will you know what your next step will be. I would look into having your partner comes to you instead...

[JimVaPhuong 4,863]

One more point - I hope that the phrase "try it before I get convicted" does NOT imply that you are considering trying to get a visa and go to the US before your case is tried in court. If you are even remotely considering this, then think again carefully. There's a strong possibility you'll never even get out of Sweden while there are criminal charges pending against you. If you do manage to get to the US, you will probably be arrested and extradited back to Sweden (the US has an extradition treaty with Sweden).

Even if you go to court after you get the visa, if the crime is classified as trafficking then you are still inadmissible. It may not be discovered by the consulate, CBP, or USCIS before you enter the US. However, once it IS discovered, then you will be deported. If, at any point along the way, you lie to an immigration official about it, then you could also end up spending time in a US prison before being deported.

At this point, if I were you, I wouldn't do anything regarding immigration until your criminal case has been decided. Once you know the outcome of your criminal case, you can decide how to proceed regarding immigration.

[NigeriaorBust 4,087]

By your timeline you are waiting an NOA2 for a K1. You still have to present criminal records for the embassy interview and then go through AOS. With a pending criminal case you may need to travel before AOS. ( Assuming you made it though ) What would you write on the AP request ?

I think you are in more trouble than your brain can wrap itself around at the moment. I am not sure what ties your fiance has to the US but it is time you two talk about going the other way immigration wise. I have no clue about the laws there but is there a plea bargain possibility to something less ?

[Midnight-Sun 0]

You may have a chance, depending on the drug involved, the quantity you were caught with, and how the crime is classified. If the crime is classified as simple possession, then it falls under 212(a)(2)(A)(i)(II) of the INA. In that case, if the drug were marijuana, and the quantity were 30 grams or less, then you'd be eligible to apply for a waiver under section 212(h) of the INA. Your visa will initially be denied at the interview. Your USC petitioner should start preparing the waiver application now so that you can submit immediately after the interview. A good US immigration attorney can make a big difference here.

If the crime is classified as trafficking, then it won't matter what the drug or quantity is. You are inadmissible, and not eligible for a waiver, according to section 212(a)(2)(C ) of the INA. From your description, I'm afraid it sounds like it would be considered trafficking. Unfortunately, that one simple act may have barred you from ever entering the US.

You can read the text of the law here:

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

Well, the thing is that it's still under investigation and as I said in my first post, here in Sweden your record is automatically deleted unless you commit and are charged for a new crime after 3,5 or 10 years. That means if I file for any visa (maybe even a tourist waiver visa) and they request a criminal record it will be clean. Not even the police will be able to see it if they search for my name. Of course the only papers of this will be any interrigation papers but this can not be pull out by anyone unless I'm charged for something else maybe. So I do wonder if I might try after my record is clean. And I do not know what I'll be charged for, I confessed to a lot of things that I only did because they were yelling at me and I knew they wouldn't believe me so I just admitted to a lot so they would just leave me alone. I can still change my confession and maybe it'll fall under possession because I only had 5 gram of marijuana and they didn't even find it but they can still prove I had it at some point but they didnt know the intentions of what I'd do with it.

[tanithw 5]

My understanding for visa's is that you have to declare criminal convictions even if they are 'spent' in your country.

You will need to take legal advice

[pushbrk 12,569]

Well, the thing is that it's still under investigation and as I said in my first post, here in Sweden your record is automatically deleted unless you commit and are charged for a new crime after 3,5 or 10 years. That means if I file for any visa (maybe even a tourist waiver visa) and they request a criminal record it will be clean. Not even the police will be able to see it if they search for my name. Of course the only papers of this will be any interrigation papers but this can not be pull out by anyone unless I'm charged for something else maybe. So I do wonder if I might try after my record is clean. And I do not know what I'll be charged for, I confessed to a lot of things that I only did because they were yelling at me and I knew they wouldn't believe me so I just admitted to a lot so they would just leave me alone. I can still change my confession and maybe it'll fall under possession because I only had 5 gram of marijuana and they didn't even find it but they can still prove I had it at some point but they didnt know the intentions of what I'd do with it.

Fiancee and/or spouse visa processes have signed visa applications that ask "have you ever" with regard to multiple things including ANY kind of criminal record. Giving an untruthful or intentionally misleading answer to a material question is grounds for a lifetime ban. If you have (present tense) a criminal record for drug trafficking, you will not EVER be allowed to immigrate to the USA. Check out the DS 230 visa application for details. Do NOT count on records supposedly not being available as a workaround.

[NigeriaorBust 4,087]

Usually there are 2 levels of criminal records. One available to general queries and one done for "deep" queries.

Cases that are sealed are simply expunged from the standard search but will still appear to those authorized to have a deep search. Don't count on sealed/cleared/old records being gone.

[Rebecca Jo 1,962]

I do not understand why we are conjecturing as to whether the OP's charges will be possession or trafficking. Is there anyone here remotely familiar with drug laws in Sweden? I rather doubt it. From a bit of googling though I learned that the law as it relates to illegal drugs in Sweden is apparently the most strict in Europe. (I suppose I could also say I stayed at a Holiday Inn Express last night, but ................)

*edited for grammatical error*

Edited March 10, 2010 by JohnnyQuest

[VanessaTony 3,567]

I do not understand why we are conjecturing as to whether the OP's charges will be possession or trafficking. Is there anyone here remotely familiar with drug laws in Sweden? I rather doubt it. From a bit of googling though I learned that the law as it relates to illegal drugs in Sweden is apparently the most strict in Europe. (I suppose I could also say I stayed at a Holiday Inn Express last night, but ................)

*edited for grammatical error*

What thread were you reading 'cause in this one, there are a total of 13 posts (not including this one) of which THREE are discussing possession vs trafficking. Of those 3, there were actually only 2 people (myself and Jim) that discuss the difference (although Jim knows the most). The rest of the posts have dealt with "can he apply before court result", the effect of lying etc..

The conjecture was because the difference between the two makes a difference as to whether he is permitted to apply for a waiver, or whether it's "game over" which is what the OP was asking.

Your post appears to be completely pointless and adds nothing to the discussion. You neglect to respond to the OP and instead just mention that Sweden has tough laws. You don't discuss the laws or their effect on the OP, so my qn to you.. point of your post was....?

Edited March 10, 2010 by Vanessa&Tony

[Rebecca Jo 1,962]

What thread were you reading 'cause in this one, there are a total of 13 posts (not including this one) of which THREE are discussing possession vs trafficking. Of those 3, there were actually only 2 people (myself and Jim) that discuss the difference (although Jim knows the most). The rest of the posts have dealt with "can he apply before court result", the effect of lying etc..

The conjecture was because the difference between the two makes a difference as to whether he is permitted to apply for a waiver, or whether it's "game over" which is what the OP was asking.

Your post appears to be completely pointless and adds nothing to the discussion. You neglect to respond to the OP and instead just mention that Sweden has tough laws. You don't discuss the laws or their effect on the OP, so my qn to you.. point of your post was....?

Why would I care to discuss the laws of Sweden or their effect on the OP if I don't understand them? I think that's a bit unfair, don't you?

What I did allude to is that Sweden (apparently) has the most punitive drug laws of any nation in Europe, including the fact that a person may be charged merely for drug use. I don't know how much more simplistically you would like me to make a point. In other words, stringent laws equal a load of trouble for the OP? As to the specificity of the trouble, I would not care to hedge a guess.

And, Vanessa, it really doesn't matter what the charges are abroad as it relates to a visa. DOS is going to interpret crimes abroad according to their definition of them. Hence why waivers are required for charges which drop off the record of foreign nationals in their home country, because a similar charge would not drop off in the US.

*edited for clarity*

Edited March 10, 2010 by JohnnyQuest