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lexie83

k1 visa - admission to marijuana experimentation at medical

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hi all,

i'm currently in the middle of the k1 process and have recently undergone the medical in sydney (I'm an australian citizen with a US fiancee) - in a moment of supreme stress and naivety - i admitted to experimentation with marijuana whilst young - (i would have been 12 years old, not yet 13). the doctor didn't ask for specifics - other than to ask whether it happened 'more than 10 years ago' - i thought nothing of it at the time but have since learnt of the very serious consequences of such an admission.

the incident would have been 15 years ago - however i now have no idea where i stand regarding the prospects of my visa being granted :(....from what iunderstand, i'm facing automatic denial with the potential redress of a 212(h) waiver? is that correct? has anyone dealt these issues with the US consulate in sydney? - what is the chance that such a waiver will be granted given i have never had a conviction?

what will happen at the consular interview now?

i'm absolutely terrified and heartbroken at the prospect that seems to be opening up before me and would sincerely appreciate any help or advice.

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Filed: Lift. Cond. (apr) Country: India
Timeline

Hmm, usually admission of experimentation with pot usually leads to a denial but you were 12 at that time so I don't know.

Someone more knowledgeable will come along and let you know if there is a waiver for the denial/ban.


03/27/2009: Engaged in Ithaca, New York.
08/17/2009: Wedding in Calcutta, India.
09/29/2009: I-130 NOA1
01/25/2010: I-130 NOA2
03/23/2010: Case completed.
05/12/2010: CR-1 interview at Mumbai, India.
05/20/2010: US Entry, Chicago.
03/01/2012: ROC NOA1.
03/26/2012: Biometrics completed.
12/07/2012: 10 year card production ordered.

09/25/2013: N-400 NOA1

10/16/2013: Biometrics completed

12/03/2013: Interview

12/20/2013: Oath ceremony

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Filed: Citizen (apr) Country: Greece
Timeline

I don't have an answer to your question I'm afraid, but it sounds extremely harsh to me to deny someone on the grounds of trying marijuana once at the age of 12, especially as 15 years have passed since and the person has not done it again. It would be a different story if you were a regular drug user or had done it e.g. last year as an adult.

I honestly don't know and I hope that someone who knows better can advise, but a waiver on this occasion sounds much more reasonable to me.

Do you have a lawyer to consult? It could help.


My CR1 timeline (DCF London):
June 26, 2010 - civil wedding
Aug 2, 2010 - I-130 package mailed to the London Consulate (DCF)
Aug 9, 2010 - NOA1 (confirmation of receipt) via email
Sep 4, 2010 - religious wedding
Oct 21, 2010 - NOA2
Nov 25, 2010 - Case number received in the mail
Nov 29, 2010 - Medical
Dec 1, 2010 - DS-230I & DS-2001 forms mailed back
Feb 1, 2011 - Interview - APPROVED!!!
Feb 7, 2011 - Passport with Visa received via courier
June 7, 2011 - POE Los Angeles (LAX)
June 18, 2011 - 2-Year Green card received in the mail!!!

My ROC journey:
April 2, 2013 - I-751 package mailed to California Service Center

April 3, 2013 - NOA1 date
April 8, 2013 - check cleared
May 6, 2013 - Biometrics completed

July 25, 2013 - 10 year green card APPROVED!! (notification via text and email, and website updated)

July 29, 2013 - ROC approval letter received in the mail

July 31, 2013 - 10 year green card received in the mail!!!

My N-400 journey:

March 19, 2014 - N-400 package mailed to Phoenix, AZ Lockbox

March 24, 2014 - NOA1 date and Priority Date

March 27, 2014 - Check cleared

April 21, 2014 - Biometrics done

May 7, 2014 - In line for interview

June 23, 2014 - Scheduled for interview

July 28, 2014 - Interview - PASSED!!

July 30, 2014 - In line for oath

July 31, 2014 - Scheduled for oath

Aug 2, 2014 - Oath letter received

Aug 27, 2014 - Oath ceremony, I am a US citizen!!!

Sep 11, 2014 - US passport received

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Filed: K-1 Visa Country: United Kingdom
Timeline

hi all,

i'm currently in the middle of the k1 process and have recently undergone the medical in sydney (I'm an australian citizen with a US fiancee) - in a moment of supreme stress and naivety - i admitted to experimentation with marijuana whilst young - (i would have been 12 years old, not yet 13). the doctor didn't ask for specifics - other than to ask whether it happened 'more than 10 years ago' - i thought nothing of it at the time but have since learnt of the very serious consequences of such an admission.

the incident would have been 15 years ago - however i now have no idea where i stand regarding the prospects of my visa being granted :(....from what iunderstand, i'm facing automatic denial with the potential redress of a 212(h) waiver? is that correct? has anyone dealt these issues with the US consulate in sydney? - what is the chance that such a waiver will be granted given i have never had a conviction?

what will happen at the consular interview now?

i'm absolutely terrified and heartbroken at the prospect that seems to be opening up before me and would sincerely appreciate any help or advice.

Hmm...I think they send you for an evaluation to make sure you're not a crazy crackhead. Don't quote me, but I think the doctor makes that referral, and since your use was so minimal and so long ago, it seems he may have made the call NOT to make you jump through that hoop. What did the doctor say to you when this conversation was happening?


owl.jpg

I-129F Sent : 2010-02-01

I-129F NOA1 : 2010-02-08

I-129F NOA2 : 2010-03-12

NVC Received : 2010-03-18

NVC Left : 2010-03-22

Consulate Received : 2010-04-12

Packet 3 Received : 2010-04-14

Packet 3 Sent : 2010-04-16 (logged 2010-04-27)

Packet 4 Received : 2010-04-29

Interview Date : 2010-06-02

Interview Result : APPROVED!!!!!!

Visa in hand: 2010-06-09

POE: 2010-06-11

We is married now!: 2010-06-24

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hi - thanks for the feedback everyone :)

the doctor literally said nothing else at the time - when asked if i had _ever_ tried illegal drugs i was honest (stupid) and answered yes - that i tried marijuana round about the time i started highschool - (it happened just before i started infact). he asked me if that was about 10 years ago, i said yes, probably more than...he didn't ask for any specifics about age or the circumstances involved and i was quite flustered...and that was it. he moved on to the next question??

so.... i have no idea what to expect at this point :/

i don't have a lawyer - i can't afford to retain one... which is why any info or advice on how to proceed from here - or any advice from anyone who has had a similar experience would be invaluable

thanks again :)

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Filed: K-1 Visa Country: United Kingdom
Timeline

hi - thanks for the feedback everyone :)

the doctor literally said nothing else at the time - when asked if i had _ever_ tried illegal drugs i was honest (stupid) and answered yes - that i tried marijuana round about the time i started highschool - (it happened just before i started infact). he asked me if that was about 10 years ago, i said yes, probably more than...he didn't ask for any specifics about age or the circumstances involved and i was quite flustered...and that was it. he moved on to the next question??

so.... i have no idea what to expect at this point :/

i don't have a lawyer - i can't afford to retain one... which is why any info or advice on how to proceed from here - or any advice from anyone who has had a similar experience would be invaluable

thanks again :)

Okay well, my interpretation is that the doctor's checking whether it was ten years ago (and you answering in the affirmative) means he understood the nature of the use as ancient irrelevant history and an issue not worth pursuing. I do believe that he would have referred you to a third party and you would have had to get cleared by that person if the admission was going to be a problem.

Hopefully somebody with more expertise/a better memory of what the deal is with admissions of drug use at the medical will stop by and confirm. I'm basing this off a memory of a Jamaican beneficiary who admitted smoking pot and had to go see a counselor or something before she could move forward. In my memory, that was the protocol--not silence and then a denial at interview. There could be a note about it in your medical report though and you could be asked about it at the interview. You would just want to be prepared and honest--"Yes, I did once try marijuana as a teenager approximately 15 years ago, but have not used any drugs since."


owl.jpg

I-129F Sent : 2010-02-01

I-129F NOA1 : 2010-02-08

I-129F NOA2 : 2010-03-12

NVC Received : 2010-03-18

NVC Left : 2010-03-22

Consulate Received : 2010-04-12

Packet 3 Received : 2010-04-14

Packet 3 Sent : 2010-04-16 (logged 2010-04-27)

Packet 4 Received : 2010-04-29

Interview Date : 2010-06-02

Interview Result : APPROVED!!!!!!

Visa in hand: 2010-06-09

POE: 2010-06-11

We is married now!: 2010-06-24

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thanks twoowls - thats really helpful and heartening :)....at this point i completely agree with you. i'm assuming that there will have been a note of it in my records - it would be too much to hope that a voluntary admission like that will have just been overlooked. if its brought up at interview - it will be an opportunity to clarify circumstances and timelines. :/

this is all very very stressful - but i am hopeful!

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Admission of drug use have gotten a denial with the opportunity to re-apply in 2 to 3 years. Every case is different, so the time frames have been different. Have seen denials based on association with someone who uses drugs. Each case is handled different.

Read some of the Jamaica interviews from 2009.

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Filed: Citizen (apr) Country: Ukraine
Timeline

thanks twoowls - thats really helpful and heartening :)....at this point i completely agree with you. i'm assuming that there will have been a note of it in my records - it would be too much to hope that a voluntary admission like that will have just been overlooked. if its brought up at interview - it will be an opportunity to clarify circumstances and timelines. :/

this is all very very stressful - but i am hopeful!

The doctor doesn't make the decision and it doesn't matter if you agree with Hoot-owl. The consulate will decide. we have seen many cases where a person was denied a visa and barred for minimum 3 years for admitting to a single use of marijuana many years ago. We have seen others where it made no difference. The consulate makes that decision. Illegal drug use, including marijuana, even once, even many years ago CAN be interpreted as a "crime of moral terpitude" and result in denial and bar from future visas.

You will know when you go to your interview.

A lawyer would not help you. He cannot change what you did 10+ years ago and he cannot change the law allowing the consulate to make that decision. IF the consulate is one that takes a hardline on drugs, he will not convince them otherwise, if they are a consulate that overlooks such things, they will overlook it anyway.


VERMONT! I Reject Your Reality...and Substitute My Own!

Gary And Alla

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Hi

As far as i can understand you. I think You don't have to be worried about it. Because your are not convited for drug possession, or any kind of dealer or drug traffic. I mean, this is something that won't show up in your criminal record. You have been honest with your doctor, so it could be important to determine any mental or body problem.

Please read this links, to built your own conclusion.

uscis INA

lawer

But please, Don't say it again!!! ( LOL ). Seriously, you only have to be prepare, in case that this point appear in any interview. to answer in a very calm and honest way that let them know, with no doubts, that this happened long ago and since that time, drug is not in your life anymore.

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There are two way that an admission of drug use could become an inadmissibility. One - the applicant is determined to be a drug addict or abuser - INA 212(a)(1)(A)(iv). Two - the applicant is determined to have committed a crime of moral turpitude - INA 212(a)(2)(A)(i)(I).

There is no way they are going to determine the OP is a drug addict or abuser on the basis of an admission of a single instance of marijuana use more than 10 years ago.

As far as crime of moral turpitude, there is an important exception to INA 212(a)(2)(A) - the crime occurred before the applicant was 18 years old, and the crime was committed or the punishment for the crime ended more than 5 years before the visa application was submitted. This is probably why the doctor didn't pursue it when he discovered it had occurred more than 10 years prior.

This act does not constitute an inadmissibility.

I am 100% with you

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Filed: K-1 Visa Country: Wales
Timeline

3 years seems to be the norm.

No doubt it varies by consulate.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Filed: K-1 Visa Country: United Kingdom
Timeline

There are two way that an admission of drug use could become an inadmissibility. One - the applicant is determined to be a drug addict or abuser - INA 212(a)(1)(A)(iv). Two - the applicant is determined to have committed a crime of moral turpitude - INA 212(a)(2)(A)(i)(I).

There is no way they are going to determine the OP is a drug addict or abuser on the basis of an admission of a single instance of marijuana use more than 10 years ago.

As far as crime of moral turpitude, there is an important exception to INA 212(a)(2)(A) - the crime occurred before the applicant was 18 years old, and the crime was committed or the punishment for the crime ended more than 5 years before the visa application was submitted. This is probably why the doctor didn't pursue it when he discovered it had occurred more than 10 years prior.

This act does not constitute an inadmissibility.

Just what the doctor ordered.


owl.jpg

I-129F Sent : 2010-02-01

I-129F NOA1 : 2010-02-08

I-129F NOA2 : 2010-03-12

NVC Received : 2010-03-18

NVC Left : 2010-03-22

Consulate Received : 2010-04-12

Packet 3 Received : 2010-04-14

Packet 3 Sent : 2010-04-16 (logged 2010-04-27)

Packet 4 Received : 2010-04-29

Interview Date : 2010-06-02

Interview Result : APPROVED!!!!!!

Visa in hand: 2010-06-09

POE: 2010-06-11

We is married now!: 2010-06-24

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Filed: K-1 Visa Country: Jamaica
Timeline

3 years seems to be the norm.

No doubt it varies by consulate.

Hi I just wanted to stop by and tell you the great news, The 3 year band has been lifted, it is no longer 3 years anymore, it is 1 year, and since one year has passed I am now free to apply as soon as I get married. I had to speak to a lawyer and pay $75.00 for a 5 minute conversation to find this out, but it was all worth it. The lawyer said that this was done on a hush hush, and was not publicized, I wonder why? She also explained to me that she has her staff calling back all the clients who were denied, and are in the process of informing them about the change.

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