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Filed: Timeline
Posted

Hey everyone, I'm from Germany and tried to go to the us on a b2 visa. I flew to Seattle where i went through the immigration centre.

There I've been asked by an homeland security officer several question under oath, also if I ever smoked marijuana. I said yes I did, all in all three times in my life(the last time was not more than a week ago) (so it's not on a regular basis). Well since I wrote in my visa application that I've never tried marijuana they turned me down( visa got withdrawn) and sent me back to germany.

They also asked why I lied on my application! - I answered because I was afraid of not getting a visa.

Now I will aplly for a new visa. I will write in my application that I did smoke marijuana and when I have to explain why I lied on the application I will tell them because I was scared of not getting a visa.

Is there going to be a problem to get in this time ? (I have a clean record and no charges because of using drugs of any kind)

As far as I understood the officers it was not about that I've tried marijuana, but the fact that I lied about it in my application ... is this correct ?

I appreciate any help!

Filed: Country:
Timeline
Posted

Yeah, umm, that's Material Misrepresentation and it is punishable by a lifetime entry ban. It's also called "Immigration Fraud".

Germany is a Visa Waiver Country (meaning it's citizens don't need a Visa to visit the US for up to 90 days, why did you need a B Class Visa?

Filed: K-1 Visa Country: Wales
Timeline
Posted

Yeah, umm, that's Material Misrepresentation and it is punishable by a lifetime entry ban. It's also called "Immigration Fraud".

Germany is a Visa Waiver Country (meaning it's citizens don't need a Visa to visit the US for up to 90 days, why did you need a B Class Visa?

I as also wondering about the VWP, are there other issues?

I doubt you will get another B anytime soon. You will also need a Non immigrant Waiver.

“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.”

Filed: Citizen (apr) Country: Nigeria
Timeline
Posted

You are considered a drug user and lied about the fact on your application. This is a BIG deal in the immigration world. You are now banned from entry to the US and can no longer use VWP and most likely will not be able to get a non immigrant visa.

This will not be over quickly. You will not enjoy this.

Filed: K-1 Visa Country: Wales
Timeline
Posted

You are considered a drug user and lied about the fact on your application. This is a BIG deal in the immigration world. You are now banned from entry to the US and can no longer use VWP and most likely will not be able to get a non immigrant visa.

Drug use is not in itself an issue, convictions and arrests are.

The biggie here is lying about it.

“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.”

Filed: Timeline
Posted

I needed a B2 visa since I wanted to stay longer than the waiver program would have allowed me. When they sent me back on that plane I talked to another officer, who also tolde me about that non immigrant waiver, and then he said next time when I enter I will have to explain everything and if I'll be honest I'll be fine.

where di i get a non immigrant waiver and what is it good for ?

I also whant to note that my visa did not get "cancelled" and I didn't get a 5 year ban... it got "withdrawn" ... does this make a different ?

thank you already for all your answers, I never thought that a "little" lie could be such a BIG deal...

Filed: K-1 Visa Country: Wales
Timeline
Posted

When you apply for another B2, if they would have otherwise have given you one but there is an issue such as Misrepresentation, then you would be given the opportunity to submit a waiver.

The B2 you had is history, no matter how you describe it. Sounds like you were allowed to withdraw you application to enter so no ban for that.

“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.”

Filed: Other Timeline
Posted (edited)

You are guilty of three charges: (1) using illegal drugs, (2) material misrepresentation, and (3) stupidity.

(1) Nobody gets in trouble for smoking pot, as long at they don't make it an issue.

(2) Material misrepresentation is if you hide something that would make you inadmissible. Guess what, drugs and terrorism are right on top of things that make one inadmissible to the United States and material misrepresentation can carry a lifelong ban.

(3) Telling CBP officers that you use drugs, that you lied about using drugs, is really stupid and, frankly, I can't think of any reason why (a) they asked you about using drugs and (b) why you told them about using drugs unless you look like somebody who is using drugs.

I seriously doubt that you will be admitted to the United States again.

Edited by Just Bob

There is no room in this country for hyphenated Americanism. When I refer to hyphenated Americans, I do not refer to naturalized Americans. Some of the very best Americans I have ever known were naturalized Americans, Americans born abroad. But a hyphenated American is not an American at all . . . . The one absolutely certain way of bringing this nation to ruin, of preventing all possibility of its continuing to be a nation at all, would be to permit it to become a tangle of squabbling nationalities, an intricate knot of German-Americans, Irish-Americans, English-Americans, French-Americans, Scandinavian-Americans or Italian-Americans, each preserving its separate nationality, each at heart feeling more sympathy with Europeans of that nationality, than with the other citizens of the American Republic . . . . There is no such thing as a hyphenated American who is a good American. The only man who is a good American is the man who is an American and nothing else.

President Teddy Roosevelt on Columbus Day 1915

Filed: K-1 Visa Country: Canada
Timeline
Posted

No offence to you, but as far as the US immigration rules are concerned, there is no "Little or big lying". A lie is misrepresentation and it is often dealt very harshly. I am thinking you filled out a form for a "voluntary departure from the US" as you accepted that you provided false information on your application.

To be honest, they have that on their system and it might be a problem for your future visa applications. I am sorry for being this straight with you, but getting another visa will be a hard task.

I do want to ask you this: how did the officer suspect you of having smoked marijuana?

Filed: K-1 Visa Country: Wales
Timeline
Posted

True it is not a normal question.

“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.”

Filed: Timeline
Posted

I know a lie is alie and I also know that I was frankly really stupid the way i behaved there.

Well the did a routine on me and looked in my bag, since I wanted to do a travel and work program in canada as well I had a paper in my bag with addresses of farms, this paper was give to me by a worki and travel organisation, it turned out that they had informations in their database that some of those farms were growing marijuana which i of course didn't know. They know that i did smoke weed 4 years ago 3 month ago and recently... so when i filled out that application i smoked once, so I thought they wanted to know (on that application) if I smoked regulary which I truly denied! Considering they believe me that, would that help my case getting another b2 visa? It basically would only be a misunderstanding right ?!

Filed: K-1 Visa Country: Wales
Timeline
Posted

So they also suspected you of working your trip.

We can go around and around but the only way you will find out for certain is trying again.

I would not make any plans on the basis of being successful.

“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.”

Filed: Citizen (apr) Country: Nigeria
Timeline
Posted

Using illegal drugs is a big thing with immigration. People have been denied visas for it. Lying is a big thing. Even if you only admit a single use it throws huge road blocks to admission to the US. Right now even a family based petition would be an issue.

This will not be over quickly. You will not enjoy this.

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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