How Bad is this Situation?

H

helfo

New Member
Hello,

This is the situation-

I live in the United States, boyfriend lives in Sweden. The ultimate goal is for him to immigrate to the U.S. and eventually obtain citizenship.

He tried to come visit the U.S. several months ago, and was caught at the boarder. They went through his phone and found evidence of smoking and selling cannabis.

He was deemed inadmissible for the violations of :

212(a)(2)(A)(i)(II)) Criminal and related grounds.- Conviction of certain crimes.- In general.-Except as provided in clause (ii), any alien convicted of, or who admits having committed, or who admits committing acts which constitute the essential elements of a violation of (or a conspiracy or attempt to violate) any law or regulation of a State, the United States, or a foreign country relating to a controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)), is inadmissible.

and 212(a)(7)(i)(l) Classes of Aliens Ineligible for Visas or Admission.-Except as otherwise provided in this Act, aliens who are inadmissible under the following paragraphs are ineligible to receive visas and ineligible to be admitted to the United States: Documentation requirements.- In general.-Except as otherwise specifically provided in this Act, any immigrant at the time of application for admission-who is not in possession of a valid unexpired immigrant visa, reentry permit, border crossing identification card, or other valid entry document required by this Act, and a valid unexpired passport, or other suitable travel document, or document of identity and nationality if such document is required under the regulations issued by the Attorney General

These were the only two violations that were stated in his interview and put in his passport. What do these violations mean? Is it possible he also has a violation for trafficking (even though that is another specific violation and it wasn't stated in his passport or interview) ? What steps should we take now in order for him to immigrate to the U.S.? Would getting married in Sweden and then applying for citizenship be the best option?

Please let me know!! Thanks.
 
By the way he can’t just get married and apply for citizenship, with or without these issues hanging over his head. The process is:

  • You get married
  • You petition him for/he applies for a spouse visa
  • He goes for an interview
  • If nothing is a problem, he gets a CR1 immigrant visa
  • He enters the US and gets a conditional green card
  • After 2 years of marriage he applies to remove conditions on his green card (basically has to prove the marriage was in good faith, still with you etc)
  • After 3 years if he is still married to and living with you he can apply to become a citizen. If for some reason you guys break up he has to wait 5 years to apply.
Your potential problem is after the 3rd point above, where he will probably be deemed inadmissible. From what you’ve said, and if the other thread is indeed your boyfriend, you need to prepare yourselves for the fact that there may not be a waiver available and have plan B.
By the way the timeline is approximately a year till the spouse visa interview, and if he can get a waiver approx another year to get that processed. During this time he will be living in Sweden, or somewhere else outside the US.
 
Last edited:
SusieQQQ said:
By the way he can’t just get married and apply for citizenship, with or without these issues hanging over his head. The process is:

  • You get married
  • You petition him for/he applies for a spouse visa
  • He goes for an interview
  • If nothing is a problem, he gets a CR1 immigrant visa
  • He enters the US and gets a conditional green card
  • After 2 years of marriage he applies to remove conditions on his green card (basically has to prove the marriage was in good faith, still with you etc)
  • After 3 years if he is still married to and living with you he can apply to become a citizen. If for some reason you guys break up he has to wait 5 years to apply.
Your potential problem is after the 3rd point above, where he will probably be deemed inadmissible. From what you’ve said, and if the other thread is indeed your boyfriend, you need to prepare yourselves for the fact that there may not be a waiver available and have plan B.
By the way the timeline is approximately a year till the spouse visa interview, and if he can get a waiver approx another year to get that processed. During this time he will be living in Sweden, or somewhere else outside the US.
Click to expand...


Do you know what things allow for a waiver and what doesn't?
 
You must log in or register to reply here.
Top