Mr. M was convicted in his home country of Belarus under an archaic provision of the criminal code for “exceeding” his authority in his capacity as a director in his company. The consular officer found that the conviction was for a crime of moral turpitude and permanently barred Mr. M. from the United States. Mr. M. retained our firm, and we conducted an in-depth analysis of crimes which fall under the purview of the statute in question. We presented our findings and arguments to the lawyers in the State Department, who found that the crime did not constitute a crime of moral turpitude and cancelled the inadmissibility bar.
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with successful experience in obtaining a writ of coram nobis and subsequently having a bar under 212(a)(2)(A)(i)(II) rescinded.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.