5 replies to this topic

[tjb30i]

Hi,

Need some advice please. I am applying for an immigrant visa for my Thai wife. The problem I have is that my wife got convicted for a category 1 drug possession (1 pill) many years ago (no jail time). On the Police clearance letter it had this conviction and at the bottom had a pardon from the King and says it should be treated as if the criminal conviction never occured.

Because of this conviction she will not be granted an immigrant visa and the Kings Pardon is ignored in most foreign countries. Has anyone come across this before and have any advice on what to do? Is there a way I can request the Police to give me a letter with the conviction taken off as if it never occurred (as instructed by the King)? She asked at the Police station but the guy just said that is how it prints out.

Thanks

Edited by Pepe Le Pew, 02 December 2011 - 06:33 AM.

[CJ-PAF]

Expunging a record like this will be a matter of Thai law.  You need to contact an expert there.

I really wish you the best on this one.  The US War on Drugs has been a monumental effort in stupidity for years.  That is not going to help your situation though.  

Maybe if the CIA stopped dealing dope, everyone could relax a bit.

[superconsult]

tjb30i, on 27 November 2011 - 05:14 AM, said:

Hi,

Need some advice please. I am moving back to the U.S. next year and will apply for a U.S. immigrant visa for my Thail wife. The problem I have is that my wife got convicted for a category 1 drug possession (1 pill) 12 years ago and received 2 years probation (no jail time). When we got the Police clearance letter it had this conviction and at the bottom had a pardon from the King on his 80th birthday and says it should be treated as if the criminal conviction never occured.

The U.S. is very strict on drug convictions for immigrants and she does not fit into any of the exceptions. I am concerned that the Kings pardon is not going to matter. Has anyone come across this before and have any advice on what to do? Is there a way I can request the Police to give me a letter with the conviction taken off as if it never occurred (as instructed by the King)? She asked at the Police station but the guy just said that is how it prints out.

Thanks

It's not just about the Police Certificate.  You need to fill in her previous conviction(s) when you complete the forms.  If your GF lies and it's found out, it's very serious and her visa application will be rejected certainly.

Your GF will need to get a waiver from USCIS in Bangkok and it takes a few months to get it if granted.  Drugs offence is surely a very serious offence.  The fact that it happened 12 years ago and that she has not committed any officer since then will help.  That's rehabilitation ground.  You should also think about extreme hardship ground.  Try to find some evidence in helping you to prove what you are going to suffer if your GF cannot join you in USA.

Good luck !

[tjb30i]

Ok Thanks

Edited by tjb30i, 28 November 2011 - 10:37 AM.

[whatsupbud]

I am just wondering if your GF applied for the kings pardon or if she was aware that she had received a kings pardon before getting police clearance.

[fatjack1]

I wish you luck on this.  The USA is tightening things more and more.  I can understand a better effort on ILLEGAL immigration but for those trying to come here legally some humanity should apply.

I have "some" experience with the INS.  I know someone   who emigrated to the US 35 years ago, has a child here, green card all that time, and was convicted (stupidly) for several shoplifting offenses.  All over 15 years ago.

NOW they are trying to deport her.  She will probably win her case but it takes over 3 years to get a court date and thousands of $$ to fight your case.

The USA is also terrified that a thai woman might sell her pussy here.  I mean think of the horror if we added another prostitute.  

IMO you should first get a thai lawyer and try to expunge the record.  Before you apply to the US.  Once the US gov sees her record they might not ever care if thailand expunges it.