Drug trafficking conviction

Hi, I have a question regarding the chances for my Colombian fiancee being approved for a visa. He has
a drug trafficking conviction. Sentence was 8 years, but he served 3 1/2. It was his first & only offense and he is completel

y rehabilitated. He got out of jail 4 years ago.

I've heard that a Freedom of Information Act request for his record to see if the DEA has a record on him is helpful for the visa interview- but I'm wondering if he is going to get rejected immediately for sure and if so if we should go straight ahead with the waiver application. In addition, I am hearing mixed things about whether he is even eligible for a waiver considering the nature of his conviction. Thank you so much for any advice you can give




Phil's picture

Waviers of Control Substance Trafficking Grounds

Hi, thank you for posting your question. Inadmissibility and waivers can be very complicated. However, based on the information you provided it is likely that your fiance will be found inadmissible under INA 212(a)(2)(c) for being convicted of drug trafficking. There is no waiver of this grounds of inadmissibility. It is also possible that he could be found inadmissible on other grounds as well. I'm not sure that there are many options for you. Best of luck.

Other Immigration Resources

NewsLetter Sign-up

Subscribe to our immigration law newsletter today and receive important updates about U.S. immigration law and information about great new resources we offer.