K1 Visa - Denied because of Cannabis Caution

[meji 0]

Hey guys so I have just been for my interview today at the US Embassy in London and had my K1 Visa denied because I have a Cannabis Caution from 2011 on my Subject Access Report.

 

As you can probably tell my Police Certificate had “NO LIVE TRACE” on it which is when the interviewer asked if I had a Subject Access Report, which I had ready with me. She told me I was denied because of this incident and that I can apply for a waiver to be able to get approved.

 

Please can someone help me out with some advice and point me in the right direction. I am currently writing this on my phone waiting for my train home in Kings Cross station trying still to not burst into tears. I am totally devastated I have travelled from Darlington today yo receive the worst news and now I have another 3 hour train home until I can get on my computer to research the next step properly. 

[designguy 1,179]

You can visit the USCIS site here for more information https://www.uscis.gov/i-601

 

I believe you would be checking Section A number 5

Edited October 2, 2019 by designguy

[meji 0]

She told me there was two types of waivers but didn’t specify which one is relevant to my situation. 

[designguy 1,179]

I honestly dont know too much about it but from googling I could find this (https://www.usvisasolutions.co.uk/inadmissibility-based-on-a-criminal-record-involving-marijuana/)

 

Quote

For immigrant applicants, a waiver is only available if the conviction was for simple possession of 30 grams or less of marijuana. A waiver may be granted in one of two situations. First, if it can be shown that a US citizen or LPR spouse, parent, or child would suffer extreme hardship if the applicant was refused a waiver. Alternatively, a waiver may be granted if the offense occurred more than 15 years ago, it can be demonstrated that the applicant has since been “rehabilitated”, and his or her admission to the US would not pose a safety risk.

 

Do either of those apply to you? Maybe those are the two types she was talking about

Edited October 2, 2019 by designguy

[Going through 5,668]

This thread has some great info from someone in your same situation (same Embassy, too)...give it a read---good luck:

 

 

[meji 0]

I had a quick look into that forum post cheers but that couple were in the situation where the caution was 15 years ago. I’m basically in the situation where; I received my caution 8 years ago in 2011. It was less than a gram. 

 

I just don’t know where to begin, I’m totally lost, I’m on the train home now so hopefully when i get back on the computer I can try begin figuring this out. Thanks for the replies so far.

[Wuozopo 4,285]

Tell us more about your situation. 

 

Medical exam

Did you provide the SAR to the doctors?

Did you admit to drug use on your two questionnaires and to the doctors?

Was there more use to tell about than one incident in 2011?

Were you given a drug test?

 

Interview

How did you answer the form  DS-160 questions concerning

--being a drug abuser or addict

--have you ever been arrested or convicted .....

--violated any law relating to a controlled substance

 

 

[Boiler 43,437]

Sounds like the issue here is criminal rather than medical and you have the option of filing a I 601 waiver, not a simple thing, some DIY others employ a specialist Lawyer, it is a lot of work and obviously is an individual choice.

[meji 0]

Just got back to Darlington Station I’ll write a proper response to those questions once I’m back in my home on my computer. 

[Richard Purves 58]

Yeah if you got any forms from the Consular Officer detailing the refusal and any notes, that would help a lot.

 

Saying that I was interviewed yesterday. I heard a couple people discussing cannabis and the like. Not sure if that was you?

[meji 0]

4 hours ago, Wuozopo said:

Tell us more about your situation. 

 

Medical exam

Did you provide the SAR to the doctors?

Did you admit to drug use on your two questionnaires and to the doctors?

Was there more use to tell about than one incident in 2011?

Were you given a drug test?

 

Interview

How did you answer the form  DS-160 questions concerning

--being a drug abuser or addict

--have you ever been arrested or convicted .....

--violated any law relating to a controlled substance

 

 

 

Medical exam

1) No he asked me to explain the incident only.

2) No

3) There is only 1 incident on my record which is the Cannabis Caution in 2011.

4) Yes (passed)

 

Interview

1) No

2) No

3) No

 

It has been over 8 years since this isolated incident, I had forgotten all about the Cannabis Caution and only learn about it being actually a part of my "Criminal Record" once I acquired my Police Certificate and then seen NO LIVE TRACE and requested my Subject Access Report. I thought it was a slap on the wrist, which I imagine many people who've had one think it is. I've had DBS checks come back squeaky clean to allow me to work in schools.

 

I had some friends in my car at the time, one had a little bag of Cannabis on his person. In the foot-well where he was sat on the carpet of my car there was residue of Cannabis leaves. Every person in the car received a Cannabis Caution for Possession.

[meji 0]

58 minutes ago, Richard Purves said:

Yeah if you got any forms from the Consular Officer detailing the refusal and any notes, that would help a lot.

 

Saying that I was interviewed yesterday. I heard a couple people discussing cannabis and the like. Not sure if that was you?

My interview was today 02/10/2019 so it wasn't me .

 

I got a single piece of paper from the lady who denied me with the text;

" You have been found ineligible to receive a visa under Section 212(a)(2)(a)(2)( ) of the Immigration and Nationality Act. A waiver of the applicable ineligibility might be available. The final authority to grant or deny a waiver rests with the Department of Homeland Security. "

 

Then another paragraph which has been manually ticked by the lady.

" You might be eligible to apply for a waiver. Visit the appropriate U.S Citizen and Immigration Services (USCIS) website for further details: www.uscis.gov/i-212 or www.uscis.gov/i-601 "

 

At which point she told me she has no idea which one I should even begin to look at and when I tried to ask her for more information about the waiver process she essentially told me to have a good day and stopped responding to my questions. It was very surreal walking out of the embassy.

Edited October 2, 2019 by meji

[Boiler 43,437]

The Consulates used to process waivers but now they all go to the lockbox so she may well not know the process and in any event basically they process applications not give out advice.

[yuna628 9,530]

If I understand the OP correctly, they were caught or charged with possession but not actually consumption, yes? Because if you have consumed and answered no in the various questionnaires that may be a problem. Even still if this were the case, it would be hard to respond to the DS160 with answers of no, in the violating of controlled laws arena. Why then, did the OP choose to answer no to these questions? ESTA chances would also be shot.

Edited October 2, 2019 by yuna628

[Wuozopo 4,285]

13 minutes ago, meji said:

Medical exam

1) No he asked me to explain the incident only.

2) No

3) There is only 1 incident on my record which is the Cannabis Caution in 2011.

4) Yes (passed)

 

Interview

1) No

2) No

3) No

 

It has been over 8 years since this isolated incident, I had forgotten all about the Cannabis Caution and only learn about it being actually a part of my "Criminal Record" once I acquired my Police Certificate and then seen NO LIVE TRACE and requested my Subject Access Report. I thought it was a slap on the wrist, which I imagine many people who've had one think it is. I've had DBS checks come back squeaky clean to allow me to work in schools.

 

I had some friends in my car at the time, one had a little bag of Cannabis on his person. In the foot-well where he was sat on the carpet of my car there was residue of Cannabis leaves. Every person in the car received a Cannabis Caution for Possession.

I asked because I was wondering if they were harsher on you for not claiming it upfront on medical questionnaires or DS-160. Maybe she saw it as a misrepresentation on your part to get an immigration benefit. Not saying you did it intentionally, but she might have thought so. People with drug usage have gotten visas in London.