In 2000, an I-130 petition for a foreign beneficiary with a clean background was approved and forwarded to NVC. In 2013 the priority date became current. But in 2007, the beneficiary was convicted of a drug offense in his (foreign) country of residence.
In the NVC package sent to the beneficiary for an local consular interview requested a up-to-date police certificate from the country of residence. He submitted the new police certificate, which shows the drug conviction, and then goes to the interview. Would the interviewing consular official be so cruel as to deny the green card at the last second, over a drug offense?
Cruel? No. Apply the law? Yes. Congress has dictated that all convictions relating to a controlled substance are inadmissible offenses. A waiver of inadmissibility is available in some instances for simple possession of marijuana under 30 grams. Other than that, the law provides for a mandatory denial of an immigrant visa. Best to consult with an experienced immigration attorney who can review the case and explain what to expect and what options, if any, are available.
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