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Immigration, Green Card, Drug Offense

San Jose, CA |

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?

Attorney Answers 6

Posted

Absolutely

(213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.

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Posted

Probably he or she will be that cruel....

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Posted

Possibly.

The information on this website is not intended to be legal advice.

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Posted

It's not an issue of being cruel; it's the law that Congress passed. His only option is to eliminate the conviction or somehow find a way to qualify for a waiver. He seems inadmissible, but we need to know more about the drug conviction and when the offense happened.

This is general information, not legal advice, and does not create an attorney client relationship.

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Posted

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.

While this answer is provided by a Florida Bar Certified Expert in Immigration and Nationality Law, it is for general information purposes only and an attorney/client relationship is neither intended nor created. You should seek out qualified counsel to review your case and provide you with advice specific to your situation. Call +1-561-478-5353 to schedule a consultation with Mr. Devore.

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1 comment

Carl Michael Shusterman

Carl Michael Shusterman

Posted

Good answer!

Posted

Yes it is possible. It depends on the conviction. More information is needed.

The Law Office of Elliot M.S. Yi, 2075 SW First Avenue, Ste 2J, Portland, Oregon, 97201 www.emsylaw.com; elliot@emsylaw.com; 503-951-8209. This answer is intended for general informational purposes only and does not create an attorney-client relationship. The statement above does not constitute legal advice, as all the facts are not known.

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