Drug test and green card (Sweden)

[Amwse97 0]

Hello! 

Last month I was sitting I a car with a friend (in the back seat) and the police stopped us for control. My friend who was driving has already a conviction of marijuana use in 2014 so the checked the car for cannabis. The police found about 2g of cannabis that belonged to my friend and I was really shocked because I thought he didn't use drugs anymore. Because of that, I was even suspected of using drugs and the police told me to go with them to the police station for a drug test. The test was negative of course and I was free to go, so no crime was committed. It doesn't even count as an arrest because in the Swedish law there is no such thing as arresting someone. My criminal record as clean and we don't have any arrest records here in Sweden so I don't think the American authorities can check or know about this accident ever. I already have a tourist visa from last year and I'm planning on visiting the States in the coming summer. My girlfriend is American as well and we're planning on getting married in the coming years and then I'll apply for a green card. 

 

I'm afraid that if a mention it, that it will cause a problem even though I wasn't guilty and didn't do anything wrong. This can literally destroy my future plans because if I've heard that if you answer yes to the question "have you ever been arrested or convicted on any crime?", it could cause big problems, especially if it's about drugs. So is this accident ever going to cause problems for me? For example, if I travel to the US next summer with the visa that I've already got. And later when I apply for a green card, do I have even to include this accident because it was really not a big deal and i don't think the authorities could know about it and even if they know about it, I can just explain that it wasn't even an arrest in Sweden and that I was not guilty. 

 

[Boiler 43,437]

I am not familiar with Swedish law, so what did happen if you were not arrested? Could you expand.

[Amwse97 0]

law, the word "arrest" does not exist. There is no such thing as arresting someone. I got suspected of committing a crime and my case didn't even reach the court so there are no court records of it. The police dismissed the case and I got a letter saying that the "preliminary investigation is closed". So here in Sweden, the police have to file a preliminary investigation first and then if there is proof of committing a crime the case is sent to a court.

[K & R 343]

41 minutes ago, Amwse97 said:

Hello! 

Last month I was sitting I a car with a friend (in the back seat) and the police stopped us for control. My friend who was driving has already a conviction of marijuana use in 2014 so the checked the car for cannabis. The police found about 2g of cannabis that belonged to my friend and I was really shocked because I thought he didn't use drugs anymore. Because of that, I was even suspected of using drugs and the police told me to go with them to the police station for a drug test. The test was negative of course and I was free to go, so no crime was committed. It doesn't even count as an arrest because in the Swedish law there is no such thing as arresting someone. My criminal record as clean and we don't have any arrest records here in Sweden so I don't think the American authorities can check or know about this accident ever. I already have a tourist visa from last year and I'm planning on visiting the States in the coming summer. My girlfriend is American as well and we're planning on getting married in the coming years and then I'll apply for a green card. 

 

I'm afraid that if a mention it, that it will cause a problem even though I wasn't guilty and didn't do anything wrong. This can literally destroy my future plans because if I've heard that if you answer yes to the question "have you ever been arrested or convicted on any crime?", it could cause big problems, especially if it's about drugs. So is this accident ever going to cause problems for me? For example, if I travel to the US next summer with the visa that I've already got. And later when I apply for a green card, do I have even to include this accident because it was really not a big deal and i don't think the authorities could know about it and even if they know about it, I can just explain that it wasn't even an arrest in Sweden and that I was not guilty. 

 

Always be honest on anything government and visa related. I'm not sure about swedish laws but I'm sure if you were brought in there might be some record of it. I would be completely honest. At the medical they will want to drug test you due to this. This isn't a big deal if your results turn up negatively. Certain consulates are more strict than others when it comes to marijuana use. I've seen people in European countries receive no ban or a 3 month ban but in other countries with stricter consulates i've seen the one year ban. I don't think the Swedish consulate is strict. Basically the one year ban is worst case scenario. You would have to submit to random drug tests throughout that year so they can make sure you aren't using it. After the year is done and you pass your visa will be issued. Worst case scenario if you don't disclose this event is a misrepresentation ban. So be honest and prepare ahead of time for this. See if there is any documents you can get from them or any record at all. 

[Amwse97 0]

5 minutes ago, K & R said:

Always be honest on anything government and visa related. I'm not sure about swedish laws but I'm sure if you were brought in there might be some record of it. I would be completely honest. At the medical they will want to drug test you due to this. This isn't a big deal if your results turn up negatively. Certain consulates are more strict than others when it comes to marijuana use. I've seen people in European countries receive no ban or a 3 month ban but in other countries with stricter consulates i've seen the one year ban. I don't think the Swedish consulate is strict. Basically the one year ban is worst case scenario. You would have to submit to random drug tests throughout that year so they can make sure you aren't using it. After the year is done and you pass your visa will be issued. Worst case scenario if you don't disclose this event is a misrepresentation ban. So be honest and prepare ahead of time for this. See if there is any documents you can get from them or any record at all. 

So what about visiting the US with the tourist visa the I've already got, should I inform the embassy about what happened before I go there again? 

[K & R 343]

11 minutes ago, Amwse97 said:

So what about visiting the US with the tourist visa the I've already got, should I inform the embassy about what happened before I go there again? 

I'm not entirely sure. Hopefully someone else can chime in. It could already be cancelled and you would have to reapply but i'm not sure.

[Boiler 43,437]

An arrest is where you get to go to the Police Station and you have no choice.

 

So in this case could you have said sorry but not interested in helping you with your preliminary investigation and am going home.

[JFH 12,189]

2 hours ago, Amwse97 said:

law, the word "arrest" does not exist. There is no such thing as arresting someone. I got suspected of committing a crime and my case didn't even reach the court so there are no court records of it. The police dismissed the case and I got a letter saying that the "preliminary investigation is closed". So here in Sweden, the police have to file a preliminary investigation first and then if there is proof of committing a crime the case is sent to a court.

But you were “ordered”, for want of a better word, to go to the police station. You were not there of free choice and you did not drive yourself there - you were taken by the police. Being arrested doesn’t necessarily mean being placed in handcuffs. Arrested means being stopped from going on your way and being ordered to comply with the authorities and taken to a place where you can be held for questioning. A removal of liberties, as it were. Handcuffs are only used to keep the officer safe if it’s feared you might have a weapon or act dangerously. They are optional in many countries, 

[Lil bear 3,831]

It sounds like you were detained while the enquires were made then and then the possible charge was dismissed and you were released as there  was no case to answer. 

The letter you have is the documentation that explains the outcome of the detention 

[bakphx1 785]

Can you request a copy of your own record to see what would be produced.  A police investigation is not an arrest but as others have said we aren’t familiar with Swedish law.  In the end you were with someone who had cannibis, but you had none and it sounds like you weren’t charged with it.  You can be taken in for questioning without being arrested (again Swedish law can be different).  I would ask for a search of your record first if you’re able.

[lummo 61]

3 hours ago, bakphx1 said:

Can you request a copy of your own record to see what would be produced.  A police investigation is not an arrest but as others have said we aren’t familiar with Swedish law.  In the end you were with someone who had cannibis, but you had none and it sounds like you weren’t charged with it.  You can be taken in for questioning without being arrested (again Swedish law can be different).  I would ask for a search of your record first if you’re able.

I agree. @Amwse97, can you get a copy of your police certificate criminal record abstract (Utdrag ur belastningsregistret - utlandsändamål)?

Edited December 23, 2018 by lummo

[Georgia16 2,858]

12 hours ago, Amwse97 said:

Hello! 

Last month I was sitting I a car with a friend (in the back seat) and the police stopped us for control. My friend who was driving has already a conviction of marijuana use in 2014 so the checked the car for cannabis. The police found about 2g of cannabis that belonged to my friend and I was really shocked because I thought he didn't use drugs anymore. Because of that, I was even suspected of using drugs and the police told me to go with them to the police station for a drug test. The test was negative of course and I was free to go, so no crime was committed. It doesn't even count as an arrest because in the Swedish law there is no such thing as arresting someone. My criminal record as clean and we don't have any arrest records here in Sweden so I don't think the American authorities can check or know about this accident ever. I already have a tourist visa from last year and I'm planning on visiting the States in the coming summer. My girlfriend is American as well and we're planning on getting married in the coming years and then I'll apply for a green card. 

 

I'm afraid that if a mention it, that it will cause a problem even though I wasn't guilty and didn't do anything wrong. This can literally destroy my future plans because if I've heard that if you answer yes to the question "have you ever been arrested or convicted on any crime?", it could cause big problems, especially if it's about drugs. So is this accident ever going to cause problems for me? For example, if I travel to the US next summer with the visa that I've already got. And later when I apply for a green card, do I have even to include this accident because it was really not a big deal and i don't think the authorities could know about it and even if they know about it, I can just explain that it wasn't even an arrest in Sweden and that I was not guilty. 

 

1

What do you mean of course you can be arrested in Sweden ... It is "Anholdt" or you can also be detained "tilbageholdt" 

[Crazy Cat 39,257]

1 hour ago, Georgia16 said:

What do you mean of course you can be arrested in Sweden ... It is "Anholdt" or you can also be detained "tilbageholdt" 

Thank you. When will people learn that playing word games with immigration officials usually ends poorly for them..........

[Amwse97 0]

8 hours ago, bakphx1 said:

Can you request a copy of your own record to see what would be produced.  A police investigation is not an arrest but as others have said we aren’t familiar with Swedish law.  In the end you were with someone who had cannibis, but you had none and it sounds like you weren’t charged with it.  You can be taken in for questioning without being arrested (again Swedish law can be different).  I would ask for a search of your record first if you’re able.

 

5 hours ago, lummo said:

I agree. @Amwse97, can you get a copy of your police certificate criminal record abstract (Utdrag ur belastningsregistret - utlandsändamål)?

I checked my records and there is absolutley nothing about this accident. And there is no arrest records in Sweden. I called the Police and asked and they said i'm not in any record at all and that it's impossible for any other authority to know that i've been drug tested. 

[Amwse97 0]

1 hour ago, Georgia16 said:

What do you mean of course you can be arrested in Sweden ... It is "Anholdt" or you can also be detained "tilbageholdt" 

The words you used is not in Swedish btw.