November 8, 2010: What Affect Will a Drug Conviction Have Here?

What Affect Will a Drug Conviction Have Here?

What effect would my husband’s drug conviction from 1995 have on my filing?
— Anonymous

More facts are need to accurately answer this question. If your husband is a United States citizen and he is filing an I-130 visa petition on your behalf, unless there are facts implicating you in his 1995 drug possession conviction, then it should not have an effect on your eligibility for permanent residency. Certain other felony convictions, however, do eliminate the ability of a petition to file a visa petition for a family member.

If you are the United States citizen filing an I-130 visa petition on his behalf, then the drug possession conviction will affect his eligibility for permanent residency. He will have to disclose this conviction on his residency application (Form I-485) and provide certified copies of the arrest report and disposition.

The immigration consequences depend on the specific facts of the criminal case and the final disposition. For example, if it was simple possession of less than 30 grams of marijuana, your husband may be eligible for a waiver, which would require him to prove that his denial of admission to the United States as a lawful permanent resident would result in extreme hardship to his United States citizen or lawful permanent resident spouse, parent, son, or daughter.

Before you file any forms or documentation with the United States Citizenship and Immigration Service (USCIS) it would be wise for you to consult with an experienced immigration attorney to review your criminal records and advise you on your immigration options.

Michael Shane and Evan Shane, Immigration Attorneys