Green Card with Drug Conviction???

Hello TammiElaine.

Welcome to Expat.com!

Hope your problem will be sorted out soon.

Thank you,
Aurélie

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I suggest you contact the immigration authorities and ask the question of them.

Hello TammiElaine,

Wouldn't it be much better for your husband to apply to have his record expunged? This would eliminate the problem altogether. If his previous conviction was a misdemeanor then it shouldn't be too big of a problem, but since it was a drug related offense IT COULD BE, because the USA takes such things very seriously. Regarding the arrest, if it did not result in formal charges being laid it shouldn't even show up on his Certified Criminal Record Check.

I'm not sure of the process to apply in the UK, but I believe one must make the application to the Clerk of the Circuit Court in the county where the charges were laid and ultimately a judge will decide whether or not to expunge the record. Obviously this requires that the applicant first obtain all the details of the charge and conviction, have completed the sentence and have been of good behaviour since. I believe that there is a minimum 5 year period from the END of serving any sentence before one may apply.

Cheers,
William James Woodward, EB Experts Team

Been 11 months, guess she went elsewhere.

Or hubbie got arrested again...    Yikes, what a horrible thought!

Let me help you.

Your UK husband is a drug offender, your odds (or his) of a visa are minimal. Unfortunately, ESTA countries are highly scrutinized. And they should be. Your best bet is applying for a B2 visa the same like the rest of the world.

stumpy wrote:

I suggest you contact the immigration authorities and ask the question of them.

No, that would make too much sense.

wjwoodward wrote:

I believe that there is a minimum 5 year period from the END of serving any sentence before one may apply.

You can expunge after 7 years.

I suggest you contact the immigration authorities and ask the question of them

shinysmile wrote:

I suggest you contact the immigration authorities and ask the question of them

The stumpy echo

mugtech wrote:

shinysmile wrote:

I suggest you contact the immigration authorities and ask the question of them

The stumpy echo

That must be the voices I here in my head...

In America you can have a charge expunged but the actual arrest is still on your record.When you apply for say a job and you don't mention the arrest.It will still show up .When they run your NCIC check. For International charges they will go through Interpol . It's best not to try and hide anything.

rc206 wrote:

In America you can have a charge expunged but the actual arrest is still on your record.When you apply for say a job and you don't mention the arrest.It will still show up .When they run your NCIC check. For International charges they will go through Interpol . It's best not to try and hide anything.

This is partially inaccurate.

The only organizations allowed to access NCIC are law enforcement agencies, such as local, state, Federal authorities. If you are working or applying to a private employer they will do a background check on you using PUBLIC RECORDS. If there is a hit they will research the hit at the courthouse in order not to be sued under the FCRA. All of this has nothing to do with what is being asked. 

When applying for a visa, rest assured you will have you name automatically run during the application process through NCIC, INTERPOL and APIS. INTERPOL does not report minor offenses but rather fugitive and RICO type cases.

If a record is expunged, it is expunged meaning erased. It will show in National Security systems however, but as expunged. NCIC will not report the offense - it will take time for the FBI to remove it from NCIC and III as well. If you are pardoned it will show that when NCIC or other systems return the individuals result. You can not be discriminated against because of a pardoned crime.

If you are applying for a US visa, the US Embassy will want a police clearance certificate from the Federal Police agency in the UK (Scotland Yard if I am not mistaken, I do not know). NCIC will be checked as well and all entry/exit records will be verified. Therefor it is very hard to get by lying to the Embassy about a criminal record in the UK.

An expungement is the deletion of a persons entire criminal conviction record from any court, police record, or criminal justice agency. Different U.S. states take different approaches to expungement, but in general if the court expunges your criminal record, then within the context of the criminal justice system, you are considered to never have committed a crime at all.
In the immigration context, its a different matter. Though expungement may seems like a blessing, given that a criminal conviction can prevent a foreign national from entering the United States or cause a foreign national to be deported from the United States, it doesnt necessarily work the way youd expect. For immigration purposes a criminal conviction will always exist, no matter whether a court expunges your record or not.
That said, even if you do have a criminal record  expunged or not expunged  you may still be able to immigrate to the United States. It depends on such factors as the facts or your case, the nature of the crime, and the sentence.
Effect of Expungement on Coming to the United States (Inadmissibility)
If you have been convicted of a crime in either your home country or the U.S., you may be inadmissible to the United States. Being inadmissible means that even if you qualify for a visa or green card, immigration officials can still refuse to let you enter the country because of some condition in your past. Even if your criminal record is expunged, you may still be found inadmissible because of your conviction.
However, immigration law provides various waivers of inadmissibility. If you apply for and are granted a waiver, then you will be allowed to enter the U.S. notwithstanding your criminal conviction.
Nonimmigrant Waivers
To obtain a nonimmigrant waiver (that is, a waiver that allows you to obtain a nonimmigrant visa such as a B visa or an H-1B visa to enter the U.S.), you must prove to the U.S. government that your entry would not threaten the country or its citizens. To do so, you must file a waiver application that addresses the following three criteria:
1. any risk of harm to you would pose to the U.S. society
2. the seriousness of your conviction(s)
3. your reasons for wishing to enter the United States.
The Board of Immigration Appeals (B.I.A.) outlined these criteria in the immigration case Matter of Hranka, so the nonimmigrant waiver is sometimes referred to as the Hranka waiver. The U.S. consulate in your home country can provide you with detailed information on how to file the Hranka waiver application, and typically you file it with that consulate. If the consulate recommends that the U.S. government grant the waiver, the consulate will forward your application to the Admissibility Review Office (ARO). If the ARO grants your waiver, the consulate will issue your visa and you can enter the United States.
Immigrant Waivers
You will also need a waiver to enter the U.S. if you are immigrating (obtaining a green card or immigrant visa). The immigrant waiver is called an I-601 waiver. Not just anyone can apply for an I-601 waiver. To apply, the applicant must have a qualifying relative, which means a U.S. citizen or lawful permanent resident spouse, parent, or child (the child must be both unmarried and under the age of 21 to be a qualifying relative).
In addition to having a qualifying relative, the applicant must show that the qualifying relative would suffer extreme hardship if the U.S. refused to let the applicant enter the country.
Currently, an applicant files an I-601 waiver application at a U.S.consulate abroad. However, the procedures for filing an I-601 waiver are currently undergoing drastic revision, which will ultimately allow some applicants to file for these waivers from inside the United States. These changes have not been fully implemented yet and the I-601 process is unclear right now as the government prepares to transition from processing waivers abroad to processing waivers in the country. It is highly recommended you consult an immigration attorney before filing an I-601 waiver application.
Effect of Expungement on Rights to Stay in the United States
If you are convicted of a crime while you are lawfully in the U.S., the government may deport you back to your home country.
Deportation can happen to two types of foreign nationals:
foreign nationals who are in the U.S. with a nonimmigrant visa (such as a B visa or an H-1B visa) and
foreign nationals who have their green cards (lawful permanent residents).
(Of course, deportation can also happen to foreign nationals who are in the country illegally, whether theyve been convicted of a crime or not.)
First, if you commit a crime while in the U.S. with a nonimmigrant visa, the government takes the view that you have violated the conditions of your visa and should be deported. It may be possible to avoid deportation, but you must contact a skilled immigration attorney specializing in criminal convictions in order to remain in the country.
Second, if you have a green card, committing a crime can result in the loss of your green card and deportation (removal). It may be possible to avoid deportation, but anyone in this situation should contact an immigration attorney who can assist with this serious issue.

I had a friend who just applied for a job with a major US airline .He has a misd drug charge dismissed then expunged . He was asked on his application .Have you ever been convicted of a crime.He was also asked .Have you ever been arrested for a crime.He said no.Since he had it expunged.The arrest still showed up and he didn't get the job.It's always better to be honest.A misd might never show up from another country.Visa background check might not find it.It will in Texas though! Sorry if my previous answer from the other day was misleading.Good luck !

rc206 wrote:

I had a friend who just applied for a job with a major US airline .He has a misd drug charge dismissed then expunged . He was asked on his application .Have you ever been convicted of a crime.He was also asked .Have you ever been arrested for a crime.He said no.Since he had it expunged.The arrest still showed up and he didn't get the job.It's always better to be honest.A misd might never show up from another country.Visa background check might not find it.It will in Texas though! Sorry if my previous answer from the other day was misleading.Good luck !

Well, first your friend should sue the state where is resides because if a record is expunged it is expunged. His loss of the job/or denied application was a result of their negligence (the state). That said the airline industry is regulated by the FAA which will run a complete NCIC/III check. Either way, I'd get a lawyer.

rc206 wrote:

An expungement is the deletion of a persons entire criminal conviction record from any court, police record, or criminal justice agency. Different U.S. states take different approaches to expungement, but in general if the court expunges your criminal record, then within the context of the criminal justice system, you are considered to never have committed a crime at all.
In the immigration context, its a different matter. Though expungement may seems like a blessing, given that a criminal conviction can prevent a foreign national from entering the United States or cause a foreign national to be deported from the United States, it doesnt necessarily work the way youd expect. For immigration purposes a criminal conviction will always exist, no matter whether a court expunges your record or not.
That said, even if you do have a criminal record  expunged or not expunged  you may still be able to immigrate to the United States. It depends on such factors as the facts or your case, the nature of the crime, and the sentence.
Effect of Expungement on Coming to the United States (Inadmissibility)
If you have been convicted of a crime in either your home country or the U.S., you may be inadmissible to the United States. Being inadmissible means that even if you qualify for a visa or green card, immigration officials can still refuse to let you enter the country because of some condition in your past. Even if your criminal record is expunged, you may still be found inadmissible because of your conviction.
However, immigration law provides various waivers of inadmissibility. If you apply for and are granted a waiver, then you will be allowed to enter the U.S. notwithstanding your criminal conviction.
Nonimmigrant Waivers
To obtain a nonimmigrant waiver (that is, a waiver that allows you to obtain a nonimmigrant visa such as a B visa or an H-1B visa to enter the U.S.), you must prove to the U.S. government that your entry would not threaten the country or its citizens. To do so, you must file a waiver application that addresses the following three criteria:
1. any risk of harm to you would pose to the U.S. society
2. the seriousness of your conviction(s)
3. your reasons for wishing to enter the United States.
The Board of Immigration Appeals (B.I.A.) outlined these criteria in the immigration case Matter of Hranka, so the nonimmigrant waiver is sometimes referred to as the Hranka waiver. The U.S. consulate in your home country can provide you with detailed information on how to file the Hranka waiver application, and typically you file it with that consulate. If the consulate recommends that the U.S. government grant the waiver, the consulate will forward your application to the Admissibility Review Office (ARO). If the ARO grants your waiver, the consulate will issue your visa and you can enter the United States.
Immigrant Waivers
You will also need a waiver to enter the U.S. if you are immigrating (obtaining a green card or immigrant visa). The immigrant waiver is called an I-601 waiver. Not just anyone can apply for an I-601 waiver. To apply, the applicant must have a qualifying relative, which means a U.S. citizen or lawful permanent resident spouse, parent, or child (the child must be both unmarried and under the age of 21 to be a qualifying relative).
In addition to having a qualifying relative, the applicant must show that the qualifying relative would suffer extreme hardship if the U.S. refused to let the applicant enter the country.
Currently, an applicant files an I-601 waiver application at a U.S.consulate abroad. However, the procedures for filing an I-601 waiver are currently undergoing drastic revision, which will ultimately allow some applicants to file for these waivers from inside the United States. These changes have not been fully implemented yet and the I-601 process is unclear right now as the government prepares to transition from processing waivers abroad to processing waivers in the country. It is highly recommended you consult an immigration attorney before filing an I-601 waiver application.
Effect of Expungement on Rights to Stay in the United States
If you are convicted of a crime while you are lawfully in the U.S., the government may deport you back to your home country.
Deportation can happen to two types of foreign nationals:
foreign nationals who are in the U.S. with a nonimmigrant visa (such as a B visa or an H-1B visa) and
foreign nationals who have their green cards (lawful permanent residents).
(Of course, deportation can also happen to foreign nationals who are in the country illegally, whether theyve been convicted of a crime or not.)
First, if you commit a crime while in the U.S. with a nonimmigrant visa, the government takes the view that you have violated the conditions of your visa and should be deported. It may be possible to avoid deportation, but you must contact a skilled immigration attorney specializing in criminal convictions in order to remain in the country.
Second, if you have a green card, committing a crime can result in the loss of your green card and deportation (removal). It may be possible to avoid deportation, but anyone in this situation should contact an immigration attorney who can assist with this serious issue.

Expunged criminal records and pardons in foreign countries have no meaning to USCIS. Therefor, if you have been arrested you need to state so, no questions asked. If it is pardoned or expunged in the UK it means nothing to the United States, in our eyes you still committed a crime. While you could possibly pole the wool over our eyes during the application process, it would truly suck for the past to catch up with for such a petty crime.

On another note this topic is ancient. Not sure why it was re-opened again. But yes, everything you stated is how the immigration law is written.