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Hi, I have 2 felonies (1 drug possession, 1 forgery) back in

1996. Served my time...
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?
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10/28/2013
Expert James
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Customer reply replied 4 years ago

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

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.

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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.

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Customer reply replied 4 years 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.

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
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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