Filing a K-1 Visa for Fiance who was found inadmissible to the U.S. recently

[EminTX 131]

And obviously every single person that has used drugs is also guilty of sharing and dispensing the substances to others.

Huh? Everybody shares/sells?

[JimVaPhuong 4,863]

Marjiuana use happened 4 years ago now.. I am 21, almost 22 so I am not old enough to have a nice 10 years ago story..

Thankfully I was very truthful about everything when the USCIS officer asked or 'interviewed' me. Also, I have never been convicted for any crime, I am admitting to something they would otherwise not have any proof for... Basically, I think that if they are reasonable and hear me out things should be alright. I am mainly wondering if they have a too many yes answers in the yes category section and you are out procedure.

Basically I will admit to using illegal substances, and in another form I will have to admit to sharing or trafficking even though it was a 1 night 1 time thing for a 30€ piece of hash. And obviously every single person that has used drugs is also guilty of sharing and dispensing the substances to others.

Thanks for the response penguin_ie

Depending on the reasonable discretion of the consular officer is risky. The consular officer is not your friend, and it's their job to find a reason to deny you. An admission of guilt is the same as a conviction, according to the INA. A consular officer has the authority to waive certain inadmissibilities, but they don't have the authority to ignore them.

A single use of marijuana less than 15 years ago isn't eligible for a 212(h)(1)(A) waiver, but you might be able to get a 212(h)(1)(B) waiver based on hardship to the US citizen spouse.

"Trafficking" refers to the sale or distribution, or possession with the intention of selling or distributing. Sharing drugs you'd purchased yourself would not usually be considered "trafficking". Selling drugs, or acting as a courier in the sales of drugs, would be considered "trafficking". Even aiding, abetting, or facilitating the sale or distribution of drugs is considered "trafficking". There is no waiver for drug trafficking.

[kzielu 1,147]

Basically I will admit to using illegal substances, and in another form I will have to admit to sharing or trafficking even though it was a 1 night 1 time thing for a 30€ piece of hash.

If you admit to trafficking, start looking for a different than US country to live in.

[Muchasko 0]

Hello everyone,

The DS156 form says:

Have you ever unlawfully distributed or sold a controlled substance?

I think that if someone has used drugs for a little while, they have to answer yes.. Passed a joint, and etc.

[baron555 934]

Hello everyone,

I was denied entry to the US several months ago because I intended to get married during the 90 days the Visa waiver program allows. They sent me back to Italy.. My faincé filed the petition and it has come through, now I have to do my part recollect all our evidence and forms and eventually do the medical examination and interview. I have also used drugs and intend to answer all the forms questions truthfully.

Have people received the visa under similar circumstances?

This site has been really helpful.

Thanks in advance.

The entry denial is not a problem since you didn't break any laws; you never got in, so no harm.

Be very careful about your truthfulness; pushing the envelope as a youngster, we all have done; actually engaging in illegal activities is different.

[kzielu 1,147]

Hello everyone,

The DS156 form says:

Have you ever unlawfully distributed or sold a controlled substance?

I think that if someone has used drugs for a little while, they have to answer yes.. Passed a joint, and etc.

If you want to call that trafficking - go ahead, just be aware it makes you inadmissible for life with no waiver available. No point in submitting documents then and paying fees.

[ACINLOVE 2]

Hey another Italian I remember got denied in the US...check her profile *Giuly and Rocky...she may help you!

Good luck!

[ndu26 114]

admitting to marijuana use is one thing especially since you are 21/22 They may see it as juvenile experimenation 4years ago but mentioning "traficking /selling or whatever...hmm I would think twice before ticking that one cos that is like telling them "when i get into the U.S, I am going to be a drug peddler"

You have been honest and I think admitting to use is more than enough..drug involvement is drug involvement"

Like penguin said I read someone's post yesterday or so who stated she and her boyfriend/spouse admitted to drug use and it was never mentioned during the interview( wonder if they would have had such luck if they had mentioned trafficking etc?)

Edited December 2, 2011 by ndu26

[JAPrincess 27]

I think that if someone has used drugs for a little while, they have to answer yes.. Passed a joint, and etc.

Seriously?

one time use of marijuana will usually not be a problem, tho there have been people who were banned just by admitting to marijuana use in the past!

be very careful, do not go beyond basic truth.

passing a joint absolutely DOES NOT mean trafficking!!

[McEsty 0]

Marjiuana use happened 4 years ago now.. I am 21, almost 22 so I am not old enough to have a nice 10 years ago story..

Thankfully I was very truthful about everything when the USCIS officer asked or 'interviewed' me. Also, I have never been convicted for any crime, I am admitting to something they would otherwise not have any proof for... Basically, I think that if they are reasonable and hear me out things should be alright. I am mainly wondering if they have a too many yes answers in the yes category section and you are out procedure.

Basically I will admit to using illegal substances, and in another form I will have to admit to sharing or trafficking even though it was a 1 night 1 time thing for a 30€ piece of hash. And obviously every single person that has used drugs is also guilty of sharing and dispensing the substances to others.

Thanks for the response penguin_ie

Never admit to using it. They won't test you anyway. You will be in deep trouble if you do. Just don't be proud of your use of drugs especially in front of the consular officer. America, I think, is not as open minded as Europe regarding drug use. Admission is guilt. I am sure you will undergo administrative processing if they don't deny you outright.

Just an opinion.

[Deputy Purple 1,294]

Never admit to using it. They won't test you anyway. You will be in deep trouble if you do. Just don't be proud of your use of drugs especially in front of the consular officer. America, I think, is not as open minded as Europe regarding drug use. Admission is guilt. I am sure you will undergo administrative processing if they don't deny you outright.

Just an opinion.

Well, you either admit to using or you lie on the application.

Not only does VJ's TOS not allow you to suggest someone commit a crime (such as misrepresentation on an Immigration Application) but the Misrepresentation can, if ever found out, completely undo any immigration benefits they have already received.

[KayDeeCee 4,892]

Hello everyone,

The DS156 form says:

Have you ever unlawfully distributed or sold a controlled substance?

I think that if someone has used drugs for a little while, they have to answer yes.. Passed a joint, and etc.

You bought it and used it one night for personal usage, correct? Passing the joint/bowl/bong around with your friends does equal selling or possessing for the intent to sell. That question is NOT what you think it means. You bought some and smoked one time. You did not buy it to sell it. If you say yes to that question, they will assume you understand what you are saying yes to and that you intentionally purchased drugs to redistribute by means of selling to others to make a profit off of selling illegal drugs. You did not do that, so you shouldn't admit to something you did not do.

[AMP 54]

Hello everyone,

The DS156 form says:

Have you ever unlawfully distributed or sold a controlled substance?

I think that if someone has used drugs for a little while, they have to answer yes.. Passed a joint, and etc.

Get a lawyer, what are the expungment laws on your juvinail record. I hear for 1000 lira you cabn bride an goverment official. Also do you have any friend in Sciliy?

[AMP 54]

Well, you either admit to using or you lie on the application.

Not only does VJ's TOS not allow you to suggest someone commit a crime (such as misrepresentation on an Immigration Application) but the Misrepresentation can, if ever found out, completely undo any immigration benefits they have already received.

Its a white lie, it like 21 yr old girl saying she loves her 65yr old fiancee. Is it really the truth, no one can tell until the GC comes in.

Edited December 2, 2011 by AMP

[Brother Hesekiel 2,235]

Section 212(a)(7)(A)(i)(I) basically means, "Immigrant without an immigrant visa."

If he was refused admission recently, any new attempt to enter to "visit" might be seen as a thinly veiled attempt to get into the U.S. in hopes of getting around the previous refusal. If he was refused a year or two ago, and he's firmly established in Mexico, then he might be able to demonstrate that he can overcome the presumption found in 214(b) that he's an immigrant.

Every applicant for admission runs the risk of being denied admission. If he can show that his ties in Mexico are so strong that there is no doubt of any kind that he'd go back home after a family visit in the U.S., he can try to enter. The CBP officer will make a decision based on all the evidence he presents and whatever other data is available to him/her.

However, since he intends to immigrate to the US anyway, I'd concur with your attorney's suggestion and file for a K-1 instead. The previous refusal to enter will have no adverse effect on that petition and no waiver is needed as he was not deported, only refused admission and entry.