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My Thai lady and I have applied for a Fiance visa so she can travel to the United States to see if she wants to live there. She had some run-ins with the law in her younger, wilder days that I think included a conviction for drug use. Does anyone know whether or not this will prevent her from getting this visa? We have known one another for six years and are pretty sure we want to get married but we want to live in the U.S.

Posted
My Thai lady and I have applied for a Fiance visa so she can travel to the United States to see if she wants to live there. She had some run-ins with the law in her younger, wilder days that I think included a conviction for drug use. Does anyone know whether or not this will prevent her from getting this visa? We have known one another for six years and are pretty sure we want to get married but we want to live in the U.S.

Dear Sir,

Not knowing all of the facts in this case, let me say: as a general rule prior drug convictions are not a waivable ground of inadmissibility, unless the conviction was for marijuana under a statutorily prescribed amount. Therefore, your fiancee may not be eligible to obtain a visa to the USA.

That being said, it may be wise to have someone do a police check in order to see if in fact she was convicted or merely arrested and the charges were dropped, this could make a difference, but either way the case would be complicated if not outright impossible.

Sorry to give bad news, but I hope it was helpful.

Best of Luck,

Ben Hart

US Immigration Attorney

Integrity Legal

+66 (0) 2 266 3698

1-877-231-7533

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