Inadmissible for admitting smoking weed

[K24z7 2]

5 minutes ago, sunshinelove said:

If all she did was try a little out of curiosity but never got in any legal trouble with the cops (which I'm assuming she hasn't) then you'd put "no".

No trouble with the cops. Just needed some reassurance, Thank you

[geowrian 22,344]

9 hours ago, K24z7 said:

4a-"Have you ever been arrested, cited, charged, indicted, convicted, fined, or imprisoned for breaking or violating any law or ordinance in any country, excluding traffic violations (unless a traffic violation was alcohol- or drug- related or involved with a crime of 500 dollars or more"? Yes__. No__.

 

2c- "Three or more arrests or convictions, not from a single act, for crimes relating to a controlled substance or alcohol"?

 

I've checked "No", just curious what you think.

Agreed - those question pertain to a criminal record of the petitioner. No criminal record = "no".

[K24z7 2]

Hello all, just a quick update.

 

We sent our K1 Visa application out mid January 2019.  We bypassed an immigration attorney charging 5k to prepare our packet for us, we sent it out ourselves. of early April 2019 I received a "I-797 Notice of Action" which stated our visa had been approved!! We have 4 months from the stamped letter to compete the interview/medical exam for her (my fiance).

 

Now what bugs is is the intial reason why i made this post to begin with. Even though the visa was approved, she still isn't done with interviews/medical exam.

 

As for the medical exam i know they'll ask questions about drug useage etc. Her customs incident occured almost 5 years ago now where she admitted to simply trying smoking once, with no desire to do it again or like it. Quite some time has passed, never charged or arrested. I've read online as long as your honest about it, the worst they'll do is drug test you or send you for a psych eval to make sure you're truly not an abuser/user.

 

As for the interview what would she say regarding prior useage? 

 

I'd imagine the government wouldn't just approve ones visa without looking into her passport/passport stamps. 

 

Is a waiver neccessary? Which is another couple grand on top of that pending a lawyer. Or is honesty key and ride it out? Being everything's already documented from customs 5 years ago anyway.

 

Other advice would be appreciated, thank you all.

[payxibka 10,048]

Just now, K24z7 said:

Hello all, just a quick update.

 

We sent our K1 Visa application out mid January 2019.  We bypassed an immigration attorney charging 5k to prepare our packet for us, we sent it out ourselves. of early April 2019 I received a "I-797 Notice of Action" which stated our visa had been approved!! We have 4 months from the stamped letter to compete the interview/medical exam for her (my fiance).

 

Now what bugs is is the intial reason why i made this post to begin with. Even though the visa was approved, she still isn't done with interviews/medical exam.

 

As for the medical exam i know they'll ask questions about drug useage etc. Her customs incident occured almost 5 years ago now where she admitted to simply trying smoking once, with no desire to do it again or like it. Quite some time has passed, never charged or arrested. I've read online as long as your honest about it, the worst they'll do is drug test you or send you for a psych eval to make sure you're truly not an abuser/user.

 

As for the interview what would she say regarding prior useage? 

 

I'd imagine the government wouldn't just approve ones visa without looking into her passport/passport stamps. 

 

Is a waiver neccessary? Which is another couple grand on top of that pending a lawyer. Or is honesty key and ride it out? Being everything's already documented from customs 5 years ago anyway.

 

Other advice would be appreciated, thank you all.

The petition is approved and not the Visa.  Important difference 

[Crazy Cat 45,770]

19 minutes ago, K24z7 said:

Hello all, just a quick update.

 

We sent our K1 Visa application out mid January 2019.  We bypassed an immigration attorney charging 5k to prepare our packet for us, we sent it out ourselves. of early April 2019 I received a "I-797 Notice of Action" which stated our visa had been approved!! We have 4 months from the stamped letter to compete the interview/medical exam for her (my fiance).

 

Now what bugs is is the intial reason why i made this post to begin with. Even though the visa was approved, she still isn't done with interviews/medical exam.

 

As for the medical exam i know they'll ask questions about drug useage etc. Her customs incident occured almost 5 years ago now where she admitted to simply trying smoking once, with no desire to do it again or like it. Quite some time has passed, never charged or arrested. I've read online as long as your honest about it, the worst they'll do is drug test you or send you for a psych eval to make sure you're truly not an abuser/user.

 

As for the interview what would she say regarding prior useage? 

 

I'd imagine the government wouldn't just approve ones visa without looking into her passport/passport stamps. 

 

Is a waiver neccessary? Which is another couple grand on top of that pending a lawyer. Or is honesty key and ride it out? Being everything's already documented from customs 5 years ago anyway.

 

Other advice would be appreciated, thank you all.

As stated above by @payxibka, the visa is not approved.....only the I-129f petition is..............that was the easy part.......she should answer all questions honestly......To be truthful, the Consulate Officer will have complete discretion regarding the approval of the visa........good luck.

Edited April 28, 2019 by missileman

[K24z7 2]

19 minutes ago, missileman said:

As stated above by @payxibka, the visa is not approved.....only the I-129f petition is..............that was the easy part.......she should answer all questions honestly......To be truthful, the Consulate Officer will have complete discretion regarding the approval of the visa........good luck.

I got a little ahead of myself with the wording regarding approval, typo I knew the differences. Thank you for your response as well as @payxibka. Would a waiver of any kind from an attorney help alleviate the issue a bit in the eyes of the consulate officer? Or honesty truly is the only option via interview/medical exam

[Crazy Cat 45,770]

6 minutes ago, K24z7 said:

I got a little ahead of myself with the wording regarding approval, typo I knew the differences. Thank you for your response as well as @payxibka. Would a waiver of any kind from an attorney help alleviate the issue a bit in the eyes of the consulate officer? Or honesty truly is the only option via interview/medical exam

In my opinion, best option is to go ahead with the medical exam and interview responding to all asked questions honestly.  If she is inadmissible, the CO will inform her of that fact and advise of any waivers......

I'm not an expert in that area, but some others are.... @geowrian, @Boiler, @payxibka, and some good folks are.

[K24z7 2]

1 hour ago, missileman said:

In my opinion, best option is to go ahead with the medical exam and interview responding to all asked questions honestly.  If she is inadmissible, the CO will inform her of that fact and advise of any waivers......

I'm not an expert in that area, but some others are.... @geowrian, @Boiler, @payxibka, and some good folks are.

I figured honesty is key, it's all on file regardless. Greatly appreciated for your insight, Thank you.

[geowrian 22,344]

The only valid answer is the honest one. They almost certainly will ask about prior usage for the medical (I believe this is standard).

They will then make a determination if there is a medical reason for being inadmissible from there - sometimes via a psychological evaluation.

 

I'm not sure how strict Taiwan is here, sorry. Some countries tend to be more lenient than others when it comes to past drug usage.

The occurrence of use, when it last happened, age, etc. would likely be considered. For instance, with Jamaica they tend to impose a 1 year bar and want drug tests in the mean time. Other countries for applicants with similar usage have not imposed any bar.

 

Best wishes, and congrats on the I-129F approval.

[payxibka 10,048]

2 hours ago, K24z7 said:

Hello all, just a quick update.

 

We sent our K1 Visa application out mid January 2019.  We bypassed an immigration attorney charging 5k to prepare our packet for us, we sent it out ourselves. of early April 2019 I received a "I-797 Notice of Action" which stated our visa had been approved!! We have 4 months from the stamped letter to compete the interview/medical exam for her (my fiance).

 

Now what bugs is is the intial reason why i made this post to begin with. Even though the visa was approved, she still isn't done with interviews/medical exam.

 

As for the medical exam i know they'll ask questions about drug useage etc. Her customs incident occured almost 5 years ago now where she admitted to simply trying smoking once, with no desire to do it again or like it. Quite some time has passed, never charged or arrested. I've read online as long as your honest about it, the worst they'll do is drug test you or send you for a psych eval to make sure you're truly not an abuser/user.

 

As for the interview what would she say regarding prior useage? 

 

I'd imagine the government wouldn't just approve ones visa without looking into her passport/passport stamps. 

 

Is a waiver neccessary? Which is another couple grand on top of that pending a lawyer. Or is honesty key and ride it out? Being everything's already documented from customs 5 years ago anyway.

 

Other advice would be appreciated, thank you all.

You can't get a waiver for something that hasn't happened yet.  You just have to ride it until you get a determination 

[jan22 3,190]

Sorry to point this out only now (I didn't see your post when you first submitted it) -- but the first part of the code you said was stamped in her passport (the part prior to the "/", starting with 212(a)(2)(A)...) is for drugs (admission of violating drug laws).  If they actually entered that as part of the reason for her inadmissibility, it will be an issue during her visa process, both at the medical and her interview with the consular officer.

Edited April 29, 2019 by jan22

[Boiler 48,238]

There are 2 aspects to consider, the Medical one and the Criminal.

 

The Medical side well they will something the Doctor will need to report on and quite what the Consulate will do can vary, I assume she has been clean since the attempted entry.

 

Otherwise I would expect the Consulate to offer a waiver, judging from the timelines both I 601 and I 212, so something you can prepare for, The I 601 can not be submitted in advance and it is easier to do them as a combo.

[Nov2017AD 52]

FYI, marijuana is still illegal federally and immigration law is federal. Under the trump administration, they are pushing for visas and even naturalization applicants to be denied because of admitting to the supposedly legal(state) use of it. Best hope consulate is generous and offers a waiver.

 

Also, mandatory eye roll at always be honest crowd. Although, no choice now since it was already admitted.

Edited April 29, 2019 by Nov2017AD