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Judith
Judith, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 28209
Experience:  34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
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I need your help. our daughter has twin one year old daughters.

Customer Question

I need your help. our daughter has twin one year old daughters. The father is Jamican. He wants to come to the U.S. and help raise them. We applied for a fiance visa, we got a letter stating I-129F was approved by the NVC dated 7-1-2015. Later we received a letter dated 6-19-2015, that stated he had been denied. He had an old marijuana charge. I contacted the embassy and they said all old marijuana charges were being expunged. Is there anything I can do to get him here to help with his children?
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Judith replied 1 year ago.
Hello, my name is Judith. Thank you for this opportunity to answer your questions. I have 34 years experience as a licensed immigration attorney.
What was the marijuana charge? Possession? What amount did he possess?
There has been no change in the law regarding inadmissibility for a conviction for controlled substance. Marijuana falls into that category and he would need a waiver as long is was a possession less than 30 grams. There is no waiver for more than 30 grams or for intent to distribute.
Judith
Customer: replied 1 year ago.
it was turned down section 212(a)(2)(C) controlled substance trafficking
Expert:  Judith replied 1 year ago.
There is no waiver for trafficking in controlled substance. There is only a waiver for possession under 30 grams. Unfortunately, there is nothing in the law to allow for him to be issued any kind of visa because of the trafficking conviction.I don't know who you spoke with at the embassy but even if his charges were expunged, under immigration law it is still seen as a conviction.Here is the Foreign Affairs Manual - see page 5http://www.state.gov/documents/organization/86933.pdfControlled SubstanceTraffickers and theSpouse, Son, orDaughter of SubstanceTraffickers WhoObtained Financial orother Benefit and Knewor have Known that theFinancial Benefit wasthe Product of IllicitActivity within the PastFive Years(INA 212(a)(2)(C)); No waiver is available. I understand the desperation of your daughter wanting her baby's father to participate in the child's life, but the only way that can happen is if she lives there or the child spends school holidays with the father.I have 37 years immigration law experience and trafficking is on the same level as homicide. It is taken extraordinarily seriously.My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions. Understand, it is my job to be honest and truthful about the law and sometimes the law does not give you the solution or options you want. Kindly give me a positive rating when you are done. If you feel I earned a BONUS, I am grateful. In the future, you may begin your questions with “FOR JUDITH” and I will be your personal immigration expert.Judith
Expert:  Judith replied 1 year ago.
I do want to be clear that there is no waiver for the K1 or any immigrant visa. Your daughter's baby's father can request a waiver for a visitor visa under
INA 212(d)(3)(A) waiver
is available.
Factors to consider in
deciding whether to
recommend the waiver
include the nature and
date of the offense,
possible rehabilitation of
the alien’s character, and
the necessity for, or
urgency of, the alien’s
proposed trip to the
United States.
Please note that was a typo, refer to page 6 of the link.
Thank you.
Judith
Expert:  Judith replied 1 year ago.
May I answer anything further for you?
Judith