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Expert James
Expert James, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 7321
Experience:  Experienced in all aspects of immigration and nationality law.
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Hi, I have 2 felonies (1 drug possession, 1 forgery) back in

Resolved Question:

Hi, I have 2 felonies (1 drug possession, 1 forgery) back in 1996. Served my time for both, finished parole successfully. Now I've met this lady from the Philippines that I would like to marry and bring back here to the US.

I talked to one attorney briefly about a year or so ago, and he said he did not want to take my money, and that in no way, no how would I be allowed to do a fiancee petition. Was he correct, and is there anything I can do?
Submitted: 9 months ago.
Category: Immigration Law
Expert:  Expert James replied 9 months ago.
Hi there! Thank you for using this service. My name is XXXXX XXXXX I'll be helping you with your questions today.

Are you a US citizen?
Customer: replied 9 months ago.

Oops, forgot to add that in, yes I'm a US citizen.

Expert:  Expert James replied 9 months ago.

Hi Greg,

No problem. Thanks for the info.

I tis possible. Although I can't say the chances of success because each case is reviewed on its merits, on a case by case basis.

 

Go to the Instructions for the I-129F Petition: http://www.uscis.gov/files/form/i-129finstr.pdf. On pages 2-3 you will find the information on criminal offenses and how to overcome them. You only have to provide information related to the controlled substance offense. Forgery offenses are not listed.

You must provide certified court copies of all court and police records.

 

You also will be required to get a waiver for the criminal record. You must attach a signed and dated request for a waiver.

 

You also need to provide evidence that extraordinary circumstances exist in your case. You should provide the copies of the court and police records reflecting the version of events; proof that you are rehabilitated (eg. ties to your community and family, you are a person of good moral character or have demonstrated good conduct, etc.). Get letters from people who know you then and now (eg. employers, religious or community leaders), describing how you've turned your life around, etc.

The decision to proceed with the waiver and your petition is up to the officer. Does it mean there is no way, now how you can sponsor her? It is possible. But there is no guarantee.

I hope I have answered your questions. If you need more help, please use the reply button to continue our conversation. If you do not require further assistance, kindly rate my satisfactory customer service (not the outcome or the state of the law which I cannot control) with a top-three rating, as this is the only way I receive credit for assisting you.

A bonus is appreciated, if you feel I've earned it.

If you have immigration or TSA questions in the future, just click Ask Expert James a Question! and make sure you write "FOR JAMES" in the subject or at the beginning of your question. This is the only way to ensure that I will assist you.

Thank you!

Customer: replied 9 months ago.

Hi, I appreciate the information and will definitely leave positive rating. I read the link you provided and I found this:


 


3. a. (3) Crimes relating to a controlled substance or alcohol on three or more occasions, where such crimes did not arise from a single act.


 


As I only had 1 controlled substance crime, not sure if that applies to me or not. Anyway I see I will need to retain the services of a professional to move forward this.


 


I've received several free consultation offers since signing up with this site an hour ago. Not sure if your's is among those, but I'll check.

Expert:  Expert James replied 9 months ago.
Hi Greg,

Please remember that I only get credit for assisting you when you rate me positively.

As far as whether it applies to you, this confuses a lot of people. Bu to clarify, it refers to either a single controlled substance offense or three or more occasions of alcohol related cases. So [controlled substances] or [three or more alcohol related offenses].

I hope I have answered your questions. If you need more help, please use the reply button to continue our conversation. If you do not require further assistance, kindly rate my satisfactory customer service (not the outcome or the state of the law which I cannot control) with a top-three rating, as this is the only way I receive credit for assisting you.

A bonus is appreciated, if you feel I've earned it.

If you have immigration or TSA questions in the future, just click Ask Expert James a Question! and make sure you write "FOR JAMES" in the subject or at the beginning of your question. This is the only way to ensure that I will assist you.

Thank you!
Expert James, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 7321
Experience: Experienced in all aspects of immigration and nationality law.
Expert James and 4 other Immigration Law Specialists are ready to help you

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