Visa Denied For 212(a)2(c)

**MINENKOTU2005** · 04-23-2008, 08:53 PM

HELP ME PLEASE. WAS DENIED VISA BECAUSE IN 2001 HE WAS ARRESTED UNDER SLANDERED CRIME FOR CONTROLLED SUBSTANCE TRAFFICKING AND WAS NOT PUNISHED FOR THIS CRIME BECAUSE A PERSON HE KNEW SENT DRUGS TO HIM AND OTHERS IN THE MAIL AND THE POLICE TRACKED THE PACKAGES AND THEY WERE ARRESTED AND BY HELPING THE POLICE WITH CAPTURING THE PERSON WHO SENT THEM THE DRUGS BUT THEY HAD TO SERVE TIME FOR POSSESION BECAUSE OF THE MAILING, THE CONSULATE HELD THIS AGAINST HIM, ATTORNEY SAID NOT TO GIVE UP BECAUSE THEY CANNOT HOLD IT AGAINST HIM BUT HE DOES NOT HAVE HIS VISA, WHAT CAN BE DONE ABOUT THIS

**LawResearcherMissy** · 04-26-2008, 08:32 AM

"He" who?

Can you please re-write this with the caps lock off and an explanation that does not include all the extra stuff.

Who are you asking on behalf of, and what exactly did the consulate say?

**MINENKOTU2005** · 05-01-2008, 05:18 AM

he is my husband, the consulate told him that he will "NEVER" come to the u.s because of 212(a)2(c) no further explanation.The incident happened almost 6 years ago. He was never charged with trafficking crime as stated in document he was punished for possesion and served 11 months. the person that sent the drugs to him in the mail has never been caught and now i dont know what to do about it, i have tried asking questions about how to resolve this matter and she just keeps telling me that he is not getting a visa.

**aaron** · 05-01-2008, 05:48 AM

That section of the statute goes beyond merely excluding people who were actively trafficking drugs:

Quoting INA 212(a)(2)(C); 8 USC 1182(a)(2)(C)

Controlled substance traffickers]
Any alien who the consular officer or the Attorney General knows or has reason to believe —

(i) is or has been an illicit trafficker in any controlled substance or in any listed chemical (as defined in section 802 of title 21), or is or has been a knowing aider, abettor, assister, conspirator, or colluder with others in the illicit trafficking in any such controlled or listed substance or chemical, or endeavored to do so; or

(ii) is the spouse, son, or daughter of an alien inadmissible under clause (i), has, within the previous 5 years, obtained any financial or other benefit from the illicit activity of that alien, and knew or reasonably should have known that the financial or other benefit was the product of such illicit activity,

is inadmissible.