The student visa renewal of Ms. D turned into a living nightmare. Over the course of one month, four different consular officers reviewed three of her visa applications — with two officers erroneously permanently denying her for committing a crime of moral turpitude; one officer refusing her under Section 214(b); and one officer having her decision to issue a visa overruled by another officer. After preparing a memorandum of law showing how Ms. D met the requirements of the petty offense exception for convictions of a crime of moral turpitude, she received her visa and was able to return to her university just in time for her semester.
Notwithstanding the growing liberalization of laws relating to the recreational use and possession of certain drugs, the Immigration and Nationality Act provides little solace for those who have been convicted of or admit to committing a
The list of controlled substances can be found at this link. This inadmissibility provision does not consider whether the person participated knowingly in the
Similarly, an expungement of a
Because of the grave consequences, it is absolutely imperative to seek out immigration legal assistance when presented with charges for a controlled
Once this relief is granted, for example, in the form of a dismissal of cause nolle prosequi, then the decision of the consular officer can be challenged. We are one of the relatively few firms with successful experience in obtaining a writ of coram nobis and subsequently having a bar under 212(a)(2)(A)(i)(II) rescinded.
As one can see, this is a very complicated area of the law with potentially very dire results. Because it is a complicated area, consular officers may make a mistake in incorrectly applying it. There is particular hope for a nonimmigrant visa applicants with this problem: more than 40% of them who have been subjected to this bar receive nonimmigrant waivers or successfully challenge the decisions. Please contact us to find out how we can help you.