Immigration Corner |How can I get over drug trafficking allegations?

Hi Mrs Walker-Huntington,

I have been reading your stories from 2021 on the Immigration Corner but finally found some courage to write my story and to get some advice from you.

A few years ago, I decided to take my daughter to Disney Land. On that trip was a friend, her family which included her husband, her two children, and a friend. We went on the trip and had a great time and all went well.

A few months afterwards the friend of my friend went back to the USA and was held on drug trafficking charges. At the time I was a H2B worker, when I sent my book to the embassy for a petition renewal and I was called in for an interview. The interview was all about the young lady’s issues which I was clueless about other than hearing the rumours that she was incarcerated.

Upon the return of my passport, my B1/B2 visa was “revoked”. What I am trying to understand is how do I get over this hurdle? I went back to the embassy and was told that I was ineligible under INA 212(a)(2)(C). Is there a waiver that can be used to prove my innocence in this situation?

Looking forward to your response.

T.A.

Dear T.A.,

This is an unfortunate situation but one that is very instructive. We must be careful of the friends we keep and with whom we associate ourselves. So many persons in Jamaica have had their visas revoked or denied based on the assumption of the Consular Officer that they are suspected drug traffickers. While I am not privy to all the criteria that the US Embassy uses to make this assumption, I can say unequivocally that close association with a known drug trafficker is certainly one. As is being related to a known drug trafficker.

Some people have also had their association with people who are suspected of money laundering, result in the revocation of the US visas – sometimes as simple as receiving money transfers on behalf of someone.

Any behaviour that could be construed as being associated with drug trafficking puts you at risk of being inadmissible to the United States.

Your case is painful because as you say the suspected drug trafficker is a friend of a friend, but going on vacation with this person put you in the cross-hairs of the US government.

There is no waiver for drug trafficking under INA 212(a)(2)(C), and sadly this applies even if you were to be sponsored for an immigrant visa.

There is also no appeal to the revocation of a non-immigrant visas. If there is an argument to be made about how disassociated you are from the drug trafficker, an explanation with copious amounts of evidence can be made to the US Embassy. They would decide if they wanted to entertain the argument or not – they do not have to respond.

Travel companions are important and should not be casual acquaintances.

Dahlia A. Walker-Huntington, Esq. is a Jamaican-American attorney who practises immigration law in the United States; and family, criminal and international law in Florida. She is a mediator and former special magistrate and hearing officer in Broward County, Florida. info@walkerhuntington.co0-m