Is waiver of inadmissibility avaiable for alien w/ single narcotics trafficking conviction if married to USC?

I have lived overseas for 4 years and am planning to marry my non-US citizen boyfriend. Ideally, I'd like to petition for a K1 fiance visa (I'd go for a K3 if I had to), but unfortunately, he was convicted 13 years ago of narcotics trafficking (one-time offence). He was sentenced to 2 years, served 8 months, and was released. Obviously, this makes him inadmissible. Is a waiver available for such a conviction? If 15 years pass between crime and visa application dates, will that be enough to secure a waiver, or must I prove extreme hardship? The law seems to change every other day, so I never know which information on the web is up-to-date. Also, if anyone can recommend an attorney who has dealt with this kind of case successfully, I would be grateful for your referral. Thanks.Is waiver of inadmissibility avaiable for alien w/ single narcotics trafficking conviction if married to USC?
Sec. 212.7 Waiver of certain grounds of excludability.


(d) Criminal grounds of inadmissibility involving violent or dangerous crimes . The Attorney General, in general, will not favorably exercise discretion under section 212(h)(2) of the Act (8 U.S.C. 1182(h)(2)) to consent to an application or reapplication for a visa, or admission to the United States, or adjustment of status, with respect to immigrant aliens who are inadmissible under section 212(a)(2) of the Act in cases involving violent or dangerous crimes, except in extraordinary circumstances, such as those involving national security or foreign policy considerations, or cases in which an alien clearly demonstrates that the denial of the application for adjustment of status or an immigrant visa or admission as an immigrant would result in exceptional and extremely unusual hardship. Moreover, depending on the gravity of the alien's underlying criminal offense, a showing of extraordinary circumstances might still be insufficient to warrant a favorable exercise of discretion under section 212(h)(2) of the Act. (Added effective 1/27/03; 67 FR 78675 )








INA: ACT 212 - GENERAL CLASSES OF ALIENS INELIGIBLE TO RECEIVE VISAS AND INELIGIBLE FOR ADMISSION; WAIVERS OF INADMISSIBILLITY


(C) 2a/ CONTROLLED SUBSTANCE TRAFFICKERS- Any alien who the consular officer or the Attorney General knows or has reason to believe--


(i) is or has been an illicit trafficker in any controlled substance or in any listed chemical (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)), or is or has been a knowing aider, abettor, assister, conspirator, or colluder with others in the illicit trafficking in any such controlled or listed substance or chemical, or endeavored to do so; or


(ii) is the spouse, son, or daughter of an alien inadmissible under clause (i), has, within the previous 5 years, obtained any financial or other benefit from the illicit activity of that alien, and knew or reasonably should have known that the financial or other benefit was the product of such illicit activity, is inadmissaible.





Act 212(h)


(h) The Attorney General may, in his discretion, waive the application of subparagraphs (A)(i)(I), (B), (D), and (E) of subsection (a)(2) and subparagraph (A)(i)(II) of such subsection insofar as it relates to a single offense of simple possession of 30 grams or less of marijuana if-


(1) (A) in the case of any immigrant it is established to the satisfaction of the Attorney General that-


(i) the alien is inadmissible only under subparagraph (D)(i) or (D)(ii) of such subsection or the activities for which the alien is inadmissible occurred more than 15 years before the date of the alien's application for a visa, admission, or adjustment of status.Is waiver of inadmissibility avaiable for alien w/ single narcotics trafficking conviction if married to USC?
Best advice is if you really want to try to get him into the US is to marry him first and then start trying to get him resident alien green card status. I do not think they will ever issue him a ';fiance visa'; with his record especially since it involved drugs.





I do not think he will ever be approved to come into the US with any sort of status with his record.





If you marry him then immigration will have to look at him and you have more power but you may marry him and go through it all and then they will not let him stay in the country because they are rabid about drugs and felons





Also, every other ';authority'; on immigration will tell you something different about the same case.





It does not look good for the US to deny resident alien status to a married person.





My immigration lawyer was good and she is in Houston but I am not sure if she ever dealt with this sort of thing, although, she did have to help us a lot because my husband was retired in his native land and the US immigration policies do not take into account that someone might want to live here and not work, which is the whole basis of the green card status for non citizens.





If you really want to marry the man then bring him here on a tourist visa and marry him on US soil because marriage on foreign soil is not recognized for US citizens.





A finace visa can get you in more trouble than you might bargain for.
The one waiver I am familiar with is less than 2 ounces for PERSONAL use only, one time offense only. For non-immigrants it is a discretionary waiver. With what you wrote I think he cannot seek permanent residence with the conviction. He has been convicted of an aggravated felony.