Legal Question in International Law in New York

22 years ago, a 21 year old girl was arrested at the airport because she was carrying for the first time a 1 kilo of cocaine under the influence of a 35 year old man. They asked her who made you you do this and she did not answer. She told this man, go away, go away, and the man went away running. She let the man go. Her parents traveled all the way to New york to pay a caution so she can get out. She had a Haitian lawyer and after they gave her an American lawyer. The Haitian lawyer went with that info in Haiti, and everybody knew about this when this girl got back to Haiti. The American lawyer told her to go away after they paid so she can get out. She went away with her mother and she traveled normally.

But Haitian people always use this against her and now she is 45 years old with a 23 year old girl. She always fought so this information do not go to her daughter, but the daughter�s surroundings kept saying things about her mom and she does not believe, finally when she kept hearing it a lot she went to her mom. Her mom invited her to a restaurant and told her the truth. She said: �mom you were so young when that happened to you�. This lady never went to US since this incident. She never touched these things. She always had honest jobs and fought for her daughter�s education. She was a single mom at 22 years old, My dad left her to marry another woman, and 22 years after they divorced.

Please Is there a way to make all those people stop making stories on my mom and let her travel to have some good vacation in the US with her best friend cousin? Is there a way to make her have her visa B1 B2?

She went to the embassy, they refused her the visa because an Haitian who knew about the story told the principles, they did not know about it. They did not put any refused stamps on her passport they just let her go.

We are ready to pay a good lawyer to resolve this issue. We are ready to go to court if possible. I can go for my mom since she cannot travel to US. I am ready to travel with the money to pay the lawyer and assemble the necessary papers.


Asked on 8/30/09, 5:00 pm

1 Answer from Attorneys
Luba Smal Smal Immigration Law Office

She was arrested and convicted (?) for trafficking in drugs into United States (1 kg if cocaine). She was an adult (21 years of age).

She is not eligible for any visa to USA: either a visitor's visa or any other.

This prohibition has nothing to do with someone knowing about this in Haiti and telling stories about her crime and conviction in USA, or the fact that she was influenced to traffic drugs by another man.

She is inadmissible to USA because of a serious drug trafficking offence/conviction, and I'm afraid that there is no waiver for this offense.

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Answered on 9/04/09, 5:42 pm


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