In a tragic story (highlighted in an article in Izvestia), a woman became separated from her family because the Embassy lost her police certificates. Her family was able to immigrate, but because the Green Card Lottery program expired for that year, she was no longer able to immigrate due to the Embassy’s negligence. The family had already sold all of its belongings, including their house, in order to immigrate. She retained our firm. On her behalf, we enlisted the support of a senator and submitted an application for humanitarian parole. Finally, she was granted humanitarian parole status, and was able to join her family in the United States and later gain a green card.
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with successful experience in obtaining a writ of coram nobis and subsequently having a bar under 212(a)(2)(A)(i)(II) rescinded.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.