Marijuana arrest

[Al422 221]

The issue is not how big of a deal it is to the Jamaican government or to the individual US State governments. The issue is how big of a deal it is to the US Federal goverment, and to them it is a big deal. WIth marijuana, it will not necessarily knock him out of the box, but it will complicate things. I suggest a drug counseling evaluation that he bring to his medical exam, hopefully showing no marijuana in his system and a clean life. They will probably delay him for a while, maybe 6 months to a year and mandate drug tests before they issue the visa.

Whatever you do, DON'T lie about it. That is visa fraud and a lifetime ban.

[Krikit 1,163]

Post detracting from the topic has been removed. You are free to post your political opinions in the Off Topic area, but not in the immigration forums. Thank you.

[TJTIE2012 42]

Maybe you guys should hold off until the record can be expunged.

That way when you start thats cleared . Of course you cant lie it is a life time ban.

If this is the man for you. Things will work out.

Dont give up have faith in your union

This whole process is NO JOKE it makes you do a lot of thinking !!!!

[aaron2020 11,651]

Hi,

Your fiance must list his arrest on the K-1 visa application. Failing to list it may be considered a material misrepresentation which would the basis to deny the K-1.

Granting the K-1 comes under US federal laws. Changes to Jamaican laws, legalization under state laws, expungement, etc., does not affect K-1 since they are not federal laws.

Read this; http://www.visajourney.com/forums/topic/468921-psa-marijuana-is-still-illegal-in-the-usa/?hl=%2Bmarijuana

[Jawaree 717]

Marrying in Jamaica or not still requires one using attys from the US

(not JA)...the arrest have to be disclosed so that will bring about the

question for what? One gets put off a yr for smoking drugs if found in

the system or admitting to the panel Dr. then re-tested

Dr Del A Hoye is now challenging the gov. asking the cabinet not to sign

because smoking the drug cause psycotic behavior in some, but he does

admit it can be altered and used in a professional manner to help with some

illnesses and Glucoma.Maybe the date for this new law will be pushed back.

My belief is that the US will do them , they don't give a hoot whats going on in

JA. The federal gov. still bust those medical marijuana places & the US will pass

its use but say others cant. I wonder who maybe more corrupt New Orleans or

JA cops? Excuses cannot be made when it is what it is.That weed make them lazy,

with a non working mentality driving many users to sleep, sex & eating. Thats Y

the federal gov and others are against this drug, I believe the question will continue

to be asked at medical.

Edited June 14, 2014 by Jawaree

[KGEH 2]

Admitting to smoking marijuana 15 years ago to a physician will automatically result in a one year ban? Or would the ban be in effect from the date of the arrest? How dose this exception clause come into play?

(ii) Exception.-Clause (i)(I) shall not apply to an alien who committed only one crime if-

(II) the maximum penalty possible for the crime of which the alien was convicted (or which the alien admits having committed or of which the acts that the alien admits having committed constituted the essential elements) did not exceed imprisonment for one year and, if the alien was convicted of such crime, the alien was not sentenced to a term of imprisonment in excess of 6 months (regardless of the extent to which the sentence was ultimately executed).

[KGEH 2]

Atari- I'll say it again- he uses ganja for religious reasons. He was born and raised a Rastafarian. He is tremendously disciplined (works nearly 12 hour days, 7 days a week,) a business owner, and a respected member of his community. Please withhold judgement about the quality of his moral character. This is the man I love, you hear?

[AtariBaby 17]

Atari- I'll say it again- he uses ganja for religious reasons. He was born and raised a Rastafarian. He is tremendously disciplined (works nearly 12 hour days, 7 days a week,) a business owner, and a respected member of his community. Please withhold judgement about the quality of his moral character. This is the man I love, you hear?

Hehe yes, I hear, and I know a few rastafarians and many "observant rastafarians" I hope you read my post in the positive light intended. I also hope that your guy is going to take care not to become a martyr of sorts, before you two can be together!

[Krikit 1,163]

Additional post detracting from the topic has been removed. The immigration forums are not a place to air your beliefs and make judgements. Take that down to the Off Topic area. As this is the second warning, any further such posts will be removed and the member thread-banned. Thank you.

[Hypnos 6,576]

Often, the admitting of prior drug use (or it showing up in tests they may or may not do at the medical) can lead to a one year bar from the US, during which the alien might need to have random testing performed to show they are still clean. I've seen some people get away with a slap on the wrist, and I've seen others hit with the one year bar.

[david&whenz 5]

It may affect your K1 application since he has to disclose it in the forms.

[Pinkrlion 2,611]

Whether it is a spliff or a blunt, he still has to pass medical exam. When was the last time he used? Failing drug test during medical exam is a one year ban automatically. Regardless of what people believe, marijuana is illegal in JA and the US.

[christeen 966]

Whether we agree with it or whatever the reasons (religious, medical or recreational) marijuana according to the laws of the U.S. federal gov't its' use is illegiial. Those who have used, are subject to a 1 year ban. It used to be 5 years ban until recently... He needs to stay clean during that time... Otherwise, no visa..

[KGEH 2]

I'm confused about the medical exam- clearly he uses marijuana. From what I've read admitting to simple experimentation 10 years ago results in the one year ban. Even if he is able to produce a clean test at the time of medical, admitting to use at any point in ones life will result in a one year waiting period?

I'm mostly concerned about the criminal offense and the clause I've attached above. I've also read a simple one time offense of 30grams or less wont result in a denial. Seems difficult to find clear information on the topic.

[Boiler 43,683]

Seems something the Consulate are particularly conscious of.

The issue here is of course he has an arrest.