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Can one obtain a visa to live in the Usa with a felony from another country?

revjdouglas asked:

Many thanks in advance to those who reply,

My situation is simply this. My brother came to the U.S.A. at the age of 9 obtained a social security number, but went back to England at the age of 12. He never obtained a citizenship.

Fast forward to now, he is 39 and 4 years ago was found guilty of drug possession. Since then he has cleaned up etc etc. He now wants to move here with me, a US citizen.

With having a felony on his record, will this prevent him from obtaining a visa? Or will they restrict him to a certain time? Also can he ever become a citizen, granted he stays out of trouble etc?

Any web links would be helpful also.

meth cocaine

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Written by Cocaine Cowboy on February 28th, 2009 with 4 comments.
Read more articles on Immigration.

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4 comments

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Get your own gravatar by visiting gravatar.com Rebelicious
#1. March 3rd, 2009, at 4:47 PM.

Well, I should hope not.

Get your own gravatar by visiting gravatar.com CanTexan
#2. March 6th, 2009, at 6:58 PM.

If you have a criminal record (in any country), ANY country (including your own nation) has the right to refuse you entry at a border point.

If the crime is a felony, you WILL be refused (although not necessarily by your home country, depending on whether you’ve already ‘paid’ for your crime). If it is a misdemeanor, you MAY be refused.

It doesn’t mean that they will actually refuse you … but they have the right to do so. If you travel, you’re taking your chances on them letting you in – every time you cross a border.

Short of lying on your visa application (which is REALLY frowned upon by US Customs and Immigration, by the way!), you probably cannot get a visa to even visit the US, let alone move here and ‘take up shop’.

On the other hand, working through channels (in this case, US Customs and the English system), your brother might be able to plead extenuating circumstances and show that he’s really reformed … you never know.

Get your own gravatar by visiting gravatar.com StitchFan
#3. March 8th, 2009, at 11:15 PM.

I highly doubt it! Sorry

Get your own gravatar by visiting gravatar.com dognhorsemom
#4. March 9th, 2009, at 8:14 AM.

US immigration law is extremely strict about drug violations. That said, a conviction for trafficking makes the visa applicant ineligible; however a conviction for use might not. It depends on a lot of factors that the interviewing consular officer will have to consider at the time of interview.

You should realize, also, that if you petition for immigration for him, it will take a minimum of 12 years for his priority date to be reached.

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