Marijuana arrest

[Kathryn41 3,205]

Post posted by a professional immigration service provider containing link to services has been removed for violating the Terms of Service for Visa Journey.

[Jawaree 717]

Arrests or no,t positive weed test results in Denial for a yr

re-tests that shows positive will result in being sent to the

psych and another denied-delay...kept smoking..then getting a

visa wont happen , in this case seem the Bretheren have to

quit burning the weed.

[Pinkrlion 2,611]

You will need to speak to a lawyer. 1. Drug Arrest record is a denial. 2. Continued use of drugs results in a failed medical exam and a one year ban.

[PBJ 60]

You will need to speak to a lawyer. 1. Drug Arrest record is a denial. 2. Continued use of drugs results in a failed medical exam and a one year ban.

Firstly, the laws of Jamaica or Washington state etc are entirely irrelevant in matters of immigration since this is a US federal process and subject to federal laws. All that matters here is that marijuana constitutes a controlled substance under US federal law and will be dealt with as such in this situation.

1. Drug arrest is not necessarily a denial, but it does complicate things. The exceptionable clause for offences involving 30 grams of marijuana or less only stands if the other clauses are met, ie. the offence is 15 years old or more and there's evidence of rehabilitation since. This arrest is too recent so its fair to say your fiancé should expect some questioning here at interview.

2. Yes, should he continue smoking the results of the medical exam are likely to be compelling in the Consulate reaching a decision of inadmissibility. And yes, it is also true that a mere admittance of using any drugs can constitute grounds of inadmissibility, and this is particularly pertinent where the applicant discloses arrests for controlled substance violations. This may result in a 1 year ban with regular testing required to show ceased use of all controlled substances over that period.

Please note that none of these are certainties and there is an amount of discretion used in judging individual cases. I say this with confidence as someone with a drug arrest history who has recently been approved (I wrote at length about this here - see P2 for detailed info). Other factors may have contributed here such as historic nature of arrests, and applicants' country, but regardless I'd like to reassure you that nothing is cut & dry here just yet.

Relax, read all the info you can find, speak openly with your fiancé about what you're prepared to do here. He does not deserve to be judged on this particular lifestyle choice but the only fact relevant here is the law of the land, and unfortunately we must abide if we want the benefit.

Oh and consultation with lawyer is only recommended if you can find a good one with plenty experience in similar situations!

Good luck, I wish you all the best during this trying time.

[Pinkrlion 2,611]

Firstly, the laws of Jamaica or Washington state etc are entirely irrelevant in matters of immigration since this is a US federal process and subject to federal laws. All that matters here is that marijuana constitutes a controlled substance under US federal law and will be dealt with as such in this situation.

1. Drug arrest is not necessarily a denial, but it does complicate things. The exceptionable clause for offences involving 30 grams of marijuana or less only stands if the other clauses are met, ie. the offence is 15 years old or more and there's evidence of rehabilitation since. This arrest is too recent so its fair to say your fiancé should expect some questioning here at interview.

2. Yes, should he continue smoking the results of the medical exam are likely to be compelling in the Consulate reaching a decision of inadmissibility. And yes, it is also true that a mere admittance of using any drugs can constitute grounds of inadmissibility, and this is particularly pertinent where the applicant discloses arrests for controlled substance violations. This may result in a 1 year ban with regular testing required to show ceased use of all controlled substances over that period.

Please note that none of these are certainties and there is an amount of discretion used in judging individual cases. I say this with confidence as someone with a drug arrest history who has recently been approved (I wrote at length about this here - see P2 for detailed info). Other factors may have contributed here such as historic nature of arrests, and applicants' country, but regardless I'd like to reassure you that nothing is cut & dry here just yet.

Relax, read all the info you can find, speak openly with your fiancé about what you're prepared to do here. He does not deserve to be judged on this particular lifestyle choice but the only fact relevant here is the law of the land, and unfortunately we must abide if we want the benefit.

Oh and consultation with lawyer is only recommended if you can find a good one with plenty experience in similar situations!

Good luck, I wish you all the best during this trying time.

This is the known practice at JA embassy, not an uncertainty. There are several posts from those denied based on past arrest record, and drug use who received a 221g from JA.

[kcoyclay1 98]

I know it was less then an oz, but could have been reduced to a spliff due to the police taking their cut of the ganja I.e. Corruption. What sorts of questions does a panel doctor ask? Like I said- just beginning to explore this process and have little knowledge of what it all entails and what kind of road blocks may be encountered.

Anotherlostsoul- no offense taken. My future husband is a Rastafarian and it is part of his religious practice. I am also from a US state that has legalized marijuana, and hold the personal conviction that it is less dangerous then alcohol.

Hi Katie,

I'm Jamaican and I must let you know that it is not a religious practice. It's drugs.

[Krikit 1,163]

Another post detracting from the topic has been removed and, as warned, member thread-banned.

[Jawaree 717]

Its considered a drug in amaica regardless of what others think

Its not a religious practice, really there is a segment of the society

that looks down at weed smoking

Contrary to what most outsiders think many many JAs look down on ganja smoking

and do not smoke weed

Its an absolute denial in JA for a yr if weed or any substance is found in ones system

that's Y the panel Dr ask U to bring all legal drug containers to medical.

No it will not affect what Washington states but one does wonder about the expungements

& the fact that it MAY be passed, how will the US and will the US have panel Drs continue

to report this .

[LionessDeon 2,060]

It's been established that testing positive for marijuana at the medical exam is a definite one year ban at the least. A possession conviction depends on amount and date of offense as to it leading to a denial of the visa.

Would admitting to using in the past, but NOT testing positive at the time of the medical, lead to an automatic one year ban?

[KGEH 2]

Homosexuality is also illegal in jamaica. I don't need opinions on what one thinks is moral or immoral behavior. I just want to be with my partner.

I consulted a lawyer today. I was told that any drug offense makes one Inadmissable to the us, the exception being (the clause) 15 years have passed and being able to prove one had been rehabilitated. This does not apply to our situation. He is able to get his record expunged, but the k-1 applications asks specifically ask about crimes that have been sealed or expunged, so that has little bearing.

I was advised that getting married in jamaica and then filing for an I (h) 212 waiver under psychological hardship would be the best way to go. Apparently this entails collecting all my medical records, being interviewed by a forensic psychatrist, and an additional 2-3 month wait on top of what is currently a six month wait. It was estimated to cost about 10k us in total to prepare all the documents and for filing fees. As someone who has worked in non-profits most of my life, this is an astronomical sum.

He did reassure me it is not hopeless, and that we can be together in the states- it's just a costlier and more time consuming process. My partners father died yesterday, just three days after I moved back. A lot to swallow in a single week. Pray for me.

[AtariBaby 17]

Saddened by the news of your loss.

[Hypnos 6,576]

An I-212 waiver is for people who have been removed from the US previously and who are seeking permission to re-enter, so unless your spouse has a prior deportation then that isn't applicable.

You should wait and see what happens at the interview before pressing the panic button. Either way, you would need to wait for any denial to actually happen before you would be able to file an applicable waiver.

[AtariBaby 17]

Also apologies to the management for my earlier post. I didn't realize, and I understand the reasoning behind deleting/editing some parts of the discussion.

[KGEH 2]

The attorney said the 212h can only be used if we are married. I'm wondering why he would have recommended it knowing my partner has never been to the states (I.e. Been deported) as well as telling me it can be filed concurrent with the spousal visa.

[Hypnos 6,576]

How much did you pay for his advice? If it was $0 then you likely have your answer. If he charged more, ask for a refund.

The filing of waivers before the visa is denied is not permitted. If you attempted to do so, the waiver application would be rejected and returned to you. The only exception is an I-601A provisional waiver, which is for unlawful presence only, and not any other grounds of inadmissibility.

Edited June 17, 2014 by Hypnos