Getting a Visa With Drug Trafficking / Distribution Record

[Floridabrit]

My question involves criminal law for the state of:

Maryland - in 2001 my son got 2 x 27 287 (a), 3 month in a correctional facility served 1 month. 18 mths probation for 12 E pills/ $80 on him selling to undercover cop in a broadwalk sting. His three friends had no charges although, stoned as well as him and referred the undercover cop to him. I think they made a deal and gave information that was not correct. Water under the bridge now. He Went back to UK in 2005. He was not deported nor served any papers to leavem to date not heard anything from INS. He got his BA and is now an apps developer for a computer company in UK. We know what he did was very wrong but I want to apply for him to come for my 70 February 2013 (health problems) on a waiver or hummanterian grounds and have questions.

I have been here since 1991 - do I need to become a Citizen for application

When they check the UK for criminal history (he has none) BUT will the USA then inform UK of his charges in the USA

Will he have to go to London Embassy to get an official refusual of entry before we can apply or will the sample fact of a drug conviction (banned for life) be enough

I now live in Florida. Thanks a million

[Mr. Knowitall]

The U.S. does not like drug dealers. Junior has an uphill battle in front of him to ever return to the U.S. Per INA 212(a)(2)(C)(i) (8 USC 1182(a)(2)(C)(i)), "Any alien who the consular officer or the Attorney General knows or has reason to believe...is or has been an illicit trafficker in any controlled substance or in any listed chemical (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802))... is inadmissible." He may be eligible for a hardship waiver to get a non-immigrant visa, such as a tourist visa, but given the facts it would make sense for him to consult an immigration lawyer.

[Floridabrit]

Thanks for your help I also do not like drug dealers and I suppose whether you sell large amounts or small amounts you are still a drug dealer, BUT I am hoping that because it was first offense, a rave student with 12 pills on him, caught in a sting, now turned life around we may stand a minimum chance of success sometime in the future.

Question - why do we need a lawyer - is this not something that we can do by ourselves the only item we have not yet figured out in what is "port of entry" hoping you can advise and Thanks again