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  1. #1
    Join Date
    Sep 2009
    Posts
    5

    Default Is Permanent Residence Possible with Foreign Drug Issue

    12 years ago a friend had a drug issue in another country. Was not arrested or jailed. Paid a small fine and issue resolved.

    12 years ago friend got married to a US citizen. They lived in the US for 2 years and friend overstayed. They've been living out of the country for last 10 years. Friend has been back and forth to the US over 20 times (during these 10 years). (is from a country with Visa Waiver Program).

    Now they are back in the US and friend is applying for Permanent Residence status. Paperwork has been filed. Interview is set. Friend answered the question about drugs/arrest (can't think of exact wording) and said "no" previous issues. Immigration atty. is now telling them when they go for interview that they need to tell about the issue 12 years ago. Atty. saying that USCIS probably knows about issue and FBI could be watching them.

    So my question/comments: I don't agree with atty. I say if the USCIS knew about the issue, friend would not have allowed entry these last 12 years. I don't believe FBI is watching. If there was an issue, friend would have been arrested.

    1. Would USCIS schedule interview if they knew of issue? Or would they deny permanent residence and therefore no need for interview?

    2. If USCIS knew about issue, why would they let friend in/out of country for the last 12 years?

    3. Will friend have issue for overstaying?

    Thanks in advance for your advice.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Is Permanent Residence Possible with Foreign Drug Issue

    1. If your friend is caught lying (again), your friend can be expected to be packing his/her bags for a permanent trip home.

    2. The amount of scrutiny you get when entering under the visa waiver program is minimal compared to that you receive when seeking permanent residency.

    3. At this point and given the history you describe, I doubt it.

  3. #3

    Default Re: Is Permanent Residence Possible with Foreign Drug Issue

    If he pays fine in foreign country it is a conviction for immigration. Depending on which Drug if US immigration found out about it will cause big problem possiable denial for GC also.

    Now for drug crimes if you say yes to a question and admits the facts of drug crime you are automatically inadmissible no conviction needed.

    Work with very good immigration attorney to Handel this case you might qualify for waiver or rehabilitation if you qualify for it,.

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