Work visa with minor marijuana conviction

[urlm 0]

Hi,

​I'm a Norwegian citizen who just landed my dream job, which involves working abroad in the US for a period of at least 2 years.

​My only concern is that I have a conviction for use and possession of 2 grams of marijuana from back in college.

I never spent any jailtime and was let off with a fine, but it was a conviction nonetheless.

​This happened about 6 years ago.

​How will this affect my visa application? Do they have a zero tolerance or the ability to use common sense in these cases? I'm clearly going for work, and I don't have anything else on my record, it also happened years ago.

​If it's any help at all; I studied in the US for a year prior to the conviction on a student visa. Not sure if this helps at all, but just thought I'd put it out there.

I am really worried that this silly offense is going to ruin my entire life, now.

​From what I've read I'm not very optimistic, it seems that my only hope right now is changes in the law? I mean if marijuana gets legalised on a federal level, it surely won't be on the list of controlled substances defined by US immigration law, meaning despite my conviction, it won't count against me? It would the the equivalent of having a conviction of alcohol consumption from Saudi Arabia?

​Please help me shed some light on this terrible situation!

[Boiler 45,666]

What Visa is your Employer petitioning you for?

[LionessDeon 2,060]

My fiancé has a "smoking ganja" charge on his record. Not even a possession. No jail time. $10 fine from 10 yrs ago and he needed a waiver. We filed a K1 tho. Have no idea if work visas are different in that respect.

[Ontarkie 14,280]

~~Duplicate thread removed. Pleas do not make more then one thread for the same or similar topic.~~

[JayJayH 546]

Hi,

​I'm a Norwegian citizen who just landed my dream job, which involves working abroad in the US for a period of at least 2 years.

​My only concern is that I have a conviction for use and possession of 2 grams of marijuana from back in college.

I never spent any jailtime and was let off with a fine, but it was a conviction nonetheless.

​This happened about 6 years ago.

​How will this affect my visa application? Do they have a zero tolerance or the ability to use common sense in these cases? I'm clearly going for work, and I don't have anything else on my record, it also happened years ago.

​If it's any help at all; I studied in the US for a year prior to the conviction on a student visa. Not sure if this helps at all, but just thought I'd put it out there.

I am really worried that this silly offense is going to ruin my entire life, now.

​From what I've read I'm not very optimistic, it seems that my only hope right now is changes in the law? I mean if marijuana gets legalised on a federal level, it surely won't be on the list of controlled substances defined by US immigration law, meaning despite my conviction, it won't count against me? It would the the equivalent of having a conviction of alcohol consumption from Saudi Arabia?

​Please help me shed some light on this terrible situation!

Generally, there is a zero tolerance policy regarding any conviction for drug related offenses. If recreational marijuana use becomes legal at the federal level as you say, this certainly could change.

What type of visa would you be getting? There is a difference between immigrant and non-immigrant visas. Any drug conviction would generally make you inadmissible for an immigrant visa (Green Card), though certain waivers exist (if marijuana possession, under 30g) for immediate relatives of US citizens who can show that their US relative would endure extreme hardship.

Most temporary work visas are in the non-immigrant visa category however, and it sounds like your stint would be a temporary one, thus some sort of non-immigrant visa.. H-1b? L-1?

There is a limited waiver available to non-immigrant visa applicants who have a marijuana conviction

Individuals applying for non-immigrant visas may be able to apply for a non-immigrant waiver based on INA § 212(d)(3). These standards are more flexible, and do not require showing hardship to qualifying relatives. Such a waiver request, however, is discretionary. In granting 212(d)(3) waivers, the Board of Immigration Appeals have listed the following three criteria to be weighed:

1. The risk of harm to society if the applicant is admitted;

2. The seriousness of the applicant’s prior immigration law, or criminal law, violations, if any; and

3. The reasons for wishing to enter the US.

http://www.ilw.com/articles/2003,0930-labrie.shtm

Edited January 11, 2016 by JayJayH