Previous Arrest

[S-C 21]

Hello All,

I am applying for a K1 in London (I'm an Australian citizen). I have had a previous arrest in Australia about 6 years ago for possession of a small amount of a class A drug.

No conviction was recorded. I am wondering what affect this will have on our application and chances of getting approved. Has anyone else been in this situation?

[S-C 21]

Really? No one?

[English Muffin 59]

Have you traveled to the US on the VWP since your arrest?

[S-C 21]

Yes I have. I have entered three times in the past.

[English Muffin 59]

It doesn't look like possession is considered a CIMT so you should have been OK checking 'no' on the question about having been arrested for a CIMT on the ESTA.

When you admit to it at your medical they'll probably make you take a drug test and ask you more questions about it.

[S-C 21]

Well that's good news. Thank you so much. I was stressing out in a big way

[English Muffin 59]

Oh, I'm not saying you won't have problems. Because it isn't a CIMT you won't have any problems with a misrep from using the VWP (which could have been a much bigger problem).

Will you have problems because of the possession itself? I don't know. I know people have been fine with old arrests for possession of weed, but I haven't seen anything on here regarding possession of a Class A drug. I would do a search around the forum and see what you can find, rather than wait for someone who's been in a similar situation to answer.

[simonandjulie 0]

Admitting Drug Use and Inadmissibility for Permanent Residence by Michael Cho.

Depending on exactly what the applicant admits to during the medical examination, and what the civil surgeon or panel physician explains to the applicant about the illegality of drug use, the applicant may be inadmissible under INA 212(a)(2)(A)(i)(II). This section of the INA states that an applicant is inadmissible if he is found to have admitted “committing acts which constitute the essential elements of . . . a violation of (or a conspiracy or attempt to violate) any law or regulation of a State, the United States, or a foreign country relating to a controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)).”

Notice here that mere admission of drug use that would constitute a controlled substance violation is enough to make a person inadmissible. A conviction is not required. There is no waiver available.

[S-C 21]

Admitting Drug Use and Inadmissibility for Permanent Residence by Michael Cho.

Depending on exactly what the applicant admits to during the medical examination, and what the civil surgeon or panel physician explains to the applicant about the illegality of drug use, the applicant may be inadmissible under INA 212(a)(2)(A)(i)(II). This section of the INA states that an applicant is inadmissible if he is found to have admitted “committing acts which constitute the essential elements of . . . a violation of (or a conspiracy or attempt to violate) any law or regulation of a State, the United States, or a foreign country relating to a controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)).”

Notice here that mere admission of drug use that would constitute a controlled substance violation is enough to make a person inadmissible. A conviction is not required. There is no waiver available.

As we discussed, I think the best way is to get that lawyer you were talking about to look into it. Hopefully he can sort it out before I have to go back to Australia, but my hopes are not extremely high.

[S-C 21]

Admitting Drug Use and Inadmissibility for Permanent Residence by Michael Cho.

Depending on exactly what the applicant admits to during the medical examination, and what the civil surgeon or panel physician explains to the applicant about the illegality of drug use, the applicant may be inadmissible under INA 212(a)(2)(A)(i)(II). This section of the INA states that an applicant is inadmissible if he is found to have admitted “committing acts which constitute the essential elements of . . . a violation of (or a conspiracy or attempt to violate) any law or regulation of a State, the United States, or a foreign country relating to a controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)).”

Notice here that mere admission of drug use that would constitute a controlled substance violation is enough to make a person inadmissible. A conviction is not required. There is no waiver available.

I spoke to Steven, sends you his best wishes!

Also, I want to point out I have never admitted drug use, as I have never used drugs. INA states that pleading guilty and not receiving a conviction does not constitute admission of drug use.

My offence was for possession. So hopefully this helps.

[NigeriaorBust 4,087]

Usually they see having the drug as using not many people wander about with drugs that they don't use. If you hide a fact that would affect that iissuing of a visa and that fact comes to light later on all immigration benefits can be removed and you may be banned

[English Muffin 59]

The only people I can imagine having drugs in their possession who do not use are people who are dealing. Still not good as far as US immigration is concerned.

[Kiwinyc 62]

Hello All,

I am applying for a K1 in London (I'm an Australian citizen). I have had a previous arrest in Australia about 6 years ago for possession of a small amount of a class A drug.

No conviction was recorded. I am wondering what affect this will have on our application and chances of getting approved. Has anyone else been in this situation?

I don't know about what your chances are, maybe you'll be ok as you were not actually convicted.

I do know, however, that you need to obtain the full Australian Police Certificate that requires fingerprint and name check and NOT the cheaper, name check only certificate. I lived in Sydney for 3 yrs (and am also a naturalised Australian citizen) which is why I had to get this. I had to get fingerprints taken in London (for me, Scotland Yard was the most convenient place) which cost £70 and mail the application down to Canberra.

Anything on your police record will be exposed during this check and you'll need to be able to explain it at the interview. I had a driving conviction in NZ in 1989 which was on my Police Report from there and I was asked if I had any other things happen since then to which I was able to say no to.

Whatever you do make sure you are completely of any drugs for your medical... They will test for them since your Police Record indicates you have a history.

Good luck.

Edited October 21, 2013 by Kiwinyc

[S-C 21]

I have no intention of hiding it. I already have the court record for it and I am going to get my fingerprints taken for the police certificate soon (I can get the certificate anytime as I no longer intend of living in Australia).

I have never used the drugs. I know this sounds convenient but they were actually my friends who had borrow my jeans and left it there. I wasn't even aware they were in there. I'll have no issue passing a drug test. I also had to complete a rehabilitation course as part of the outcome.

My question is, how will this arrest for possession affect me. Keeping in mind I am going to be completely honest.

[Rebecca Jo 1,962]

No one can tell you how this will affect you. We don't have enough information.

The quantity matters.

What you were charged with matters. And what the maximum charge for that crime would be in Australia.

How you plead matters. Because how you plead equaled the outcome.

You had to do "a rehabilitation course as a result of the outcome". So....the outcome of what? Rehabilitation is typically not the outcome of dropped charges.

You don't have to give us your details here. You need to give them to a competent specialist.

Alternately, you could post the FULL details of your arrest, the charge and the outcome on immigrate2us.net. That website deals primarily with immigration cases involving a waiver.