Green card with possible DUI drug conviction

[ilovemywifey]

I am a UK citizen, I got married in America in March 2018 to a US Citizen. I was caught driving under the influence of cannabis back in December 2017 in the UK. The case is still on going and a trial is yet to be set. I have a lawyer to defend me. But my question is, if I do end up getting a conviction, and my I-130 is approved, but then I have to complete the DS-260, will there be a problem with that? Ive heard drug convictions make you inadmissible but this is a cross between a drug and driving conviction so Im not sure about it. Im positive the I-130 will be approved but Im worried about the next steps at the consulate and everything. My wife has a child (that is not ours), does this help with getting me a green card? Thanks for your help.

[krypton9591]

I am a UK citizen, I got married in America in March 2018 to a US Citizen. I was caught driving under the influence of cannabis back in December 2017 in the UK. The case is still on going and a trial is yet to be set. I have a lawyer to defend me. But my question is, if I do end up getting a conviction, and my I-130 is approved, but then I have to complete the DS-260, will there be a problem with that? Ive heard drug convictions make you inadmissible but this is a cross between a drug and driving conviction so Im not sure about it. Im positive the I-130 will be approved but Im worried about the next steps at the consulate and everything. My wife has a child (that is not ours), does this help with getting me a green card? Thanks for your help.

This would be a question for a Legal/immigration attorney. unfortunately I don't think there is anyone on this forum who would be able to answer this question with absolute certainty due to very few of us being legal attorneys. Best of Luck

[ilovemywifey]

I spoke to my lawyer he said just wait until the court trial is over and you have a decision. He said its still possible to get the green card accepted even with a drug conviction. Is this true?

[ilovemywifey]

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[inadmissible]

I spoke to my lawyer he said just wait until the court trial is over and you have a decision. He said its still possible to get the green card accepted even with a drug conviction. Is this true?

While the consular officer has the discretion to issue an immigrant visa to an applicant who is not statutorily inadmissible, it is generally the policy of consulates to suspend the adjudication of applications where criminal charges remain pending.

The only drug related waiver is for a single count of simple possession of "*********". No waiver is available for other violations of controlled substance statutes, and no waiver is available if the record of arrest & prosection causes the consular officer to believe that you are a habitual user. So, obviously, try to make the criminal charges go away

[ilovemywifey]

While the consular officer has the discretion to issue an immigrant visa to an applicant who is not statutorily inadmissible, it is generally the policy of consulates to suspend the adjudication of applications where criminal charges remain pending.

The only drug related waiver is for a single count of simple possession of "*********". No waiver is available for other violations of controlled substance statutes, and no waiver is available if the record of arrest & prosection causes the consular officer to believe that you are a habitual user. So, obviously, try to make the criminal charges go away

Thank you for your help. So the officer has the final say whether he gives me a visa and stamps my passport and the consulate? Even if i have a conviction he can still give me one?

I am of course fighting this case and the trial should be next month.

[borderlands]

Thank you for your help. So the officer has the final say whether he gives me a visa and stamps my passport and the consulate? Even if i have a conviction he can still give me one?

I am of course fighting this case and the trial should be next month.

You'll need an immigration lawyer. They have to file a waiver on your behalf if you end up being convicted.