Can one obtain a visa to live in the Usa with a felony from another country?
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.
Answer:
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.
Well, I should hope not.
Call the immigration office whom will know exactly if he can or not
I highly doubt it! Sorry
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.
The immigration information post by website user , MyTend.com not guarantee correctness
