drug possession

[locnar]

Hello,

 

I want to file K1 with my girl friend, but 7 years ago she had to pay a fine for possession for drugs. Will she run into problems?

 

Thanks!

[Guest ShaQuaNew]

Hello,

 

I want to file K1 with my girl friend, but 7 years ago she had to pay a fine for possession for drugs. Will she run into problems?

 

Thanks!

215257[/snapback]

Your first step would be to secure a copy of her police report to see if that event appears there. Also, this will give you a good opportunity to see if anything else appears there. While there are provisions like the I-601 and I-212 for overcoming legal issues, you may want to discuss it with legal counsel as to whether her past will exclude her from immigrating to the US.

Edited May 16, 2006 by ShaQuaNew (see edit history)

[longstrangetrip]

i would agree that this seems to be a matter that an immigration lawyer would best be able to overcome.

[frank1538]

Conviction of a drug offense MAY be an absolute bar to getting a visa. Take a look at http://www.uscis.gov/lpBin/lpext.dll/inser....htm#slb-act212

 

The major exceptions seem to be for convictions occurring more than five years prior to the visa application if the applicant was under age 18 at the time of the conviction and for convictions where the maximum sentence that could be imposed is a year or less but the applicant served only 6 monts or less.

[locnar]

Conviction of a drug offense MAY be an absolute bar to getting a visa.  Take a look at http://www.uscis.gov/lpBin/lpext.dll/inser....htm#slb-act212

 

The major exceptions seem to be for convictions occurring more than five years prior to the visa application if the applicant was under age 18 at the time of the conviction and for convictions where the maximum sentence that could be imposed is a year or less but the applicant served only 6 monts or less.

215354[/snapback]

According to her, it wasn't a "conviction". She and her friends had a small amount of drugs and were stopped by the police. They all were told they would have to spend 3 months in jail if they did not pay a fine. All the parents came, paid they fines and the total jail time was less than 48 hours.

 

I read the attached link and it would seem that the U.S. is looking to stop "hard core" criminals.

 

I've asked her to look into getting the police report now, but she is thinking that its such a small town that she doesn't want to bring attention to something that may not be in the record books.

 

Does anyone here have an idea about local police in the Sichuan suburbs (2 hours outside of Luzhou) and how they handle this type of activity?

 

My understanding is that a lot of youths are involved with this at a minor level (not trafficing, selling).

[Guest ShaQuaNew]

Conviction of a drug offense MAY be an absolute bar to getting a visa.  Take a look at http://www.uscis.gov/lpBin/lpext.dll/inser....htm#slb-act212

 

The major exceptions seem to be for convictions occurring more than five years prior to the visa application if the applicant was under age 18 at the time of the conviction and for convictions where the maximum sentence that could be imposed is a year or less but the applicant served only 6 monts or less.

215354[/snapback]

According to her, it wasn't a "conviction". She and her friends had a small amount of drugs and were stopped by the police. They all were told they would have to spend 3 months in jail if they did not pay a fine. All the parents came, paid they fines and the total jail time was less than 48 hours.

 

I read the attached link and it would seem that the U.S. is looking to stop "hard core" criminals.

 

I've asked her to look into getting the police report now, but she is thinking that its such a small town that she doesn't want to bring attention to something that may not be in the record books.

 

Does anyone here have an idea about local police in the Sichuan suburbs (2 hours outside of Luzhou) and how they handle this type of activity?

 

My understanding is that a lot of youths are involved with this at a minor level (not trafficing, selling).

215389[/snapback]

There is no need for her to bring attention to this past offense as it may or may not be on her record. She should try to get a copy of her record though, as it will be needed for the interview and namecheck. If she can get a copy of her record from her hometown, and it's clean, you're home free. Nothing to worry about.

[Randy W]

Don't be surprised if it doesn't show up at all.

[Guest pushbrk]

Conviction of a drug offense MAY be an absolute bar to getting a visa.  Take a look at http://www.uscis.gov/lpBin/lpext.dll/inser....htm#slb-act212

 

The major exceptions seem to be for convictions occurring more than five years prior to the visa application if the applicant was under age 18 at the time of the conviction and for convictions where the maximum sentence that could be imposed is a year or less but the applicant served only 6 monts or less.

215354[/snapback]

According to her, it wasn't a "conviction". She and her friends had a small amount of drugs and were stopped by the police. They all were told they would have to spend 3 months in jail if they did not pay a fine. All the parents came, paid they fines and the total jail time was less than 48 hours.

 

I read the attached link and it would seem that the U.S. is looking to stop "hard core" criminals.

 

I've asked her to look into getting the police report now, but she is thinking that its such a small town that she doesn't want to bring attention to something that may not be in the record books.

 

Does anyone here have an idea about local police in the Sichuan suburbs (2 hours outside of Luzhou) and how they handle this type of activity?

 

My understanding is that a lot of youths are involved with this at a minor level (not trafficing, selling).

215389[/snapback]

The visa process REQUIRES her to submit an officcial police report from her houkou (sp). Since she'll need it anyway, she might as well get it now. Then you'll know what to expect. If she won't do it, she won't be coming to the USA.

[Yuanyang]

First things first, following Jesse's suggestion and get a police report and have it translated now. As Randy said, it might not even be on it. Then again, if it is you'll need to start preparing a (perhaps strong) case to overcome it.

 

Good Luck.

[change2marrow]

Conviction of a drug offense MAY be an absolute bar to getting a visa.  Take a look at http://www.uscis.gov/lpBin/lpext.dll/inser....htm#slb-act212

 

The major exceptions seem to be for convictions occurring more than five years prior to the visa application if the applicant was under age 18 at the time of the conviction and for convictions where the maximum sentence that could be imposed is a year or less but the applicant served only 6 monts or less.

215354[/snapback]

According to her, it wasn't a "conviction". She and her friends had a small amount of drugs and were stopped by the police. They all were told they would have to spend 3 months in jail if they did not pay a fine. All the parents came, paid they fines and the total jail time was less than 48 hours.

 

I read the attached link and it would seem that the U.S. is looking to stop "hard core" criminals.

 

I've asked her to look into getting the police report now, but she is thinking that its such a small town that she doesn't want to bring attention to something that may not be in the record books.

 

Does anyone here have an idea about local police in the Sichuan suburbs (2 hours outside of Luzhou) and how they handle this type of activity?

 

My understanding is that a lot of youths are involved with this at a minor level (not trafficing, selling).

215389[/snapback]

I'm unfamiliar with your town/city, but I live just outside of Chengdu in Sichuan as well. There's no way to avoid being noticed, especially in small towns, when it comes to getting the forms filled out from the police.

 

Knowing now is much better than finding out later if there is anything in your SO's police records. From what you explained, it's unlikely that anything was put in your SO's file. Find out now even if you have to get a second police cert. down the road.

 

Here's the info for getting the "Police Cert. Form", from the Sichuan notary office. Hopefully they will email the form instead of you or your SO going all the way into Chengdu. It's best to have your SO contact the notary office.

 

Sichuan Notary Public Officeor WWW.SCGZC.com if the link doesn't work.

Email: sgzc3@scgzc.com

Tel: (028) 86156127

 

It will look better if the police station sees the form from the notary office, as this is required anyways to get a visa. Be prepaired, once the police station fills out the form, word will get out and everyone will know in your town what is going on. Just part of being in a small town.

 

Hope this helps.

 

Any questions about dealing with the immigration process in Sichuan/Chengdu, let me know.