Automatic inadmissibility question

A

AmyR

Registered Users (C)
OK, I don't know what kind of response I'm going to get - emotions seem to run pretty high here! :rolleyes:

I am in "the beginning stages," shall we say, of dating a man (we're both in our 20s) who has been in the US, undocumented, for about 11 years. If we mutually decide that we want to go on with this relationship, we will be looking at marriage. However, I'm concerned about whether or not he will be able to obtain permanent residency. I will definitely insist on talking about the case with a qualified lawyer, but right now I don't feel we're even at that level of commitment. I just don't want either of us to waste time or energy on a hopeless case. I don't think I'm prepared to move to Mexico for ever and ever!

I'm trying to do some research on the probabilities of this. My biggest concern is that he has told me he did drugs in the past. Of course getting drugs involves dealers ... also I think he tried rehab. I'm not after relationship advice - people who have known for quite a while before I met him have confidence that he's lived clean.

But I understand this will have to be disclosed on the I-485, although he never got arrested or anything. Will that mean an automatic denial? Is this stuff decided on a case-by-case basis? If anyone can share their experiences with this, I'd appreciate it. Thank you!
 
Well, the question reads:
Have you ever, in or outside the U.S.:
a. knowingly committed any crime of moral turpitude or a drug-related offense for which you have not been arrested?
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Aside from moral considerations, if he has indeed done rehab and that were checked out, lying on the application would be pretty serious.

Or is simply taking drugs not a "drug-related offense"? I'm really in the dark here - not just arguing for argument's sake.
 
AmyR said:
Well, the question reads: Aside from moral considerations, if he has indeed done rehab and that were checked out, lying on the application would be pretty serious.

Or is simply taking drugs not a "drug-related offense"? I'm really in the dark here - not just arguing for argument's sake.
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If he wasn't arrested then don't worry about it!
 
He didn't deal drugs.

He is planning to visit me and my family at the end of October ... so I think I will ask him to do something like split with me a one-time consultation with an experienced immigration lawyer, so we can lay out and discuss all the facts and probabilities with a professional. I meant to do this sooner or later, but I think we owe it to one another to figure out what we're dealing with.

Thanks so much for the responses ... I was getting pretty agitated worrying that this might just automatically mean there was no use in applying. But then I couldn't figure out why they didn't just tell you not to file the application, rather than asking for an explanation.
 
AmyR said:
He didn't deal drugs.

He is planning to visit me and my family at the end of October ... so I think I will ask him to do something like split with me a one-time consultation with an experienced immigration lawyer, so we can lay out and discuss all the facts and probabilities with a professional. I meant to do this sooner or later, but I think we owe it to one another to figure out what we're dealing with.

Thanks so much for the responses ... I was getting pretty agitated worrying that this might just automatically mean there was no use in applying. But then I couldn't figure out why they didn't just tell you not to file the application, rather than asking for an explanation.
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What country is he from? How did he come here?
 
Yeah, for six or seven years, anyway.

I thought the ten year ban applied to those who had overstayed a visa and were trying to get back into the US, basically?
 
AmyR said:
Yeah, for six or seven years, anyway.

I thought the ten year ban applied to those who had overstayed a visa and were trying to get back into the US, basically?
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It applies if you have been in the country illegally for more then a year. It started to accumulate when he turned 18. He is subject to the ban now...

Difficult situation. Contact a lawyer. I don't think there is much you can do.
 
OK. Right now I am in Guatemala for the next six weeks (mission trip, basically), but I will work at getting the facts on this, and a professional opinion, as soon as possible.

Thanks again for the advice!
 
AmyR said:
OK. Right now I am in Guatemala for the next six weeks (mission trip, basically), but I will work at getting the facts on this, and a professional opinion, as soon as possible.

Thanks again for the advice!
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AMYR,

This is not a relationship advice, I repeat...this is not a relationship advice.

If your BF came to the US back and forth without a visa and documentation, he cannot adjust his status in the United State. I hope that is clear. As far at the Obama Govt is concerned, he doesn't exist because he was never issued a visa in the past. If he had a visa and overstayed that visa, then he would be able to change his status in the US. As of now, he doesn't have a status, so you cannot change a status that doesn't exist. There is a reason it is called a change/adjustment of status... :eek: For drugs, he doesn't should not worry about that one, if he was never caught, then no need to volunteer anything. Bush smoked weed and drank in college and was never arrested and became a darn good President, can you say flourishing economy, jobs galore, and free health care and no child left behind....:D

He is subject to a 10 year bar for being in the country illegally for many years. There is no lawyer who can change the law and if anyone advises you they can get him a greencard, they are NOT telling you the truth. The truth is that they want your money and you will have nothing to show it, plus your BF will be in deportatin proceedings by the time GC application is denied by USCIS. :rolleyes:
 
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