DV2021 winner. Cannabis. Employment History.

[Arthur Shiraya 0]

Merry Christmas and Happy New Year!

I am a DV2021 selectee. My number is EU12XXX.
I got my Bachelor’s Degree from a U.S. university and have been working as a Software Engineer for the last three years (on F-1 visa + STEM and STEM-OPT extensions).
The company I work for happens to be a Cannabis Delivery service. I personally don’t smoke weed and have only been involved in building out the Software.

Neither my university nor the employer notified me at the time of joining the company that any relation to Cannabis is prohibited for International Students. More than that, the USCIS twice approved my STEM and STEM-extension applications under this employer.

However, from the personal research I’ve done it seems to be a big no no.
I am also getting mixed responses from lawyers. So far 2 out of three say it is a huge problem and 1 says that it is totally fine.

I am hesitant to file my DS-260 application due to this reason.

I know that it stays on the Employment History, but should I be looking to switch companies?
I suspect from my research, that it is safe to wait until around February to file my DS-260?
What would you advise to do and where would you advise I look for help?

Thank you very much in advance!

Edited December 30, 2020 by Arthur Shiraya

[millefleur 5,047]

Even if you switch companies now, you still have to disclose on the DS-260 that you did work there. Basically, it's going to come up at some point and you have to be honest.

 

If USCIS approved everything, seems like they didn't have a problem with it. The Embassy might be another story, I assume this is what the lawyer's stance was?

[Arthur Shiraya 0]

26 minutes ago, millefleur said:

Even if you switch companies now, you still have to disclose on the DS-260 that you did work there. Basically, it's going to come up at some point and you have to be honest.

 

If USCIS approved everything, seems like they didn't have a problem with it. The Embassy might be another story, I assume this is what the lawyer's stance was?

Thank you! That is what I thought too. 

 

I am pretty certain that the lawyer was concerned with USCIS and not the Embassy.

But could you explain the important differences in this case between the two?

 

Also, my main frustration is that I was not notified that anything I was doing was wrong by any of the parties involved (college, employer, USCIS). Do you know if I can use that to defend myself if it is to become a problem?

 

Thank you once again!

[SusieQQQ 11,586]

Are you doing adjustment of status? If so there is no dealing with any embassy, only USCIS.

[millefleur 5,047]

3 minutes ago, Arthur Shiraya said:

But could you explain the important differences in this case between the two?

I'm not familiar with the DV lottery process, but I am aware that when people are applying on the Embassy side, and technically speaking the Embassy (and State Department, and Homeland Security) views cannabis as a schedule I drug that is federally prohibited. Technically, USCIS is also operating under the same law, so that is kind of weird that they didn't have an issue with it. I'm sure a lot of lawyers are scratching their heads over this, haha.

 

1 minute ago, SusieQQQ said:

Are you doing adjustment of status? If so there is no dealing with any embassy, only USCIS.

👆 I would defer to SusieQQQ here as I don't know anything about the DV process and she's knowledgeable about it.

[SusieQQQ 11,586]

9 minutes ago, Arthur Shiraya said:

Also, my main frustration is that I was not notified that anything I was doing was wrong by any of the parties involved (college, employer, USCIS). Do you know if I can use that to defend myself if it is to become a problem?

I don’t know the answer to this, however, if you continue to maintain all the requirements of your F1/OPT status you will at least have that status to fall back on if denied adjustment.  If you go back for consular processing at an embassy, then all bets are off I guess.

[Arthur Shiraya 0]

28 minutes ago, SusieQQQ said:

Are you doing adjustment of status? If so there is no dealing with any embassy, only USCIS.

I am doing the Adjustment of Status. That is the plan at least. I just found out, haven't started with it yet. 

I know that there is a timeline for AOS and I hope I'm not too late, but need to clarify this first

[Arthur Shiraya 0]

24 minutes ago, SusieQQQ said:

I don’t know the answer to this, however, if you continue to maintain all the requirements of your F1/OPT status you will at least have that status to fall back on if denied adjustment.  If you go back for consular processing at an embassy, then all bets are off I guess.

Thank you so very much SusieQQQ!

 

Just to clarify, I did find a spreadsheet I think you posted somewhere for AOS process and timeline. I'm going to go over it today.

I haven't started on that yet though (I just found out about the Lottery win a week ago). 

In a nutshell, do you believe there is enough time to proceed with AoS?

[SusieQQQ 11,586]

5 minutes ago, Arthur Shiraya said:

Thank you so very much SusieQQQ!

 

Just to clarify, I did find a spreadsheet I think you posted somewhere for AOS process and timeline. I'm going to go over it today.

I haven't started on that yet though (I just found out about the Lottery win a week ago). 

In a nutshell, do you believe there is enough time to proceed with AoS?

It wasn’t me that posted it, but it is the best resource you will find, and that thread is probably the best to answer specific DV AOS questions. There is definitely enough time to do AoS, uscis know DV has a finite time limit so DV AOS works on a different timeline to other AOS categories. 

[Arthur Shiraya 0]

1 hour ago, SusieQQQ said:

It wasn’t me that posted it, but it is the best resource you will find, and that thread is probably the best to answer specific DV AOS questions. There is definitely enough time to do AoS, uscis know DV has a finite time limit so DV AOS works on a different timeline to other AOS categories. 

Got it! Thank you dearly!

 

[Coco8 1,042]

I'm sorry, that sucks. I would file a formal complaint with the people at your university. Most likely, they did training sessions about OPT and also helped you with the paperwork. I would be very careful how you frame it; for instance, you can say that you were not aware about the differences between state and federal law and that cannabis would be a problem in terms of showing a good moral standing. When you are doing AOS,  you get an interview. If the issue comes up, maybe showing the complaint with the response from the university officials would help you. (I wouldn't bring it up if they don't bring it up)  It does seem like a tricky case. Also, maybe now that there is a change in administration, by the time you get the interview, things get more relaxed on this matter.

 

I would try to find another job, to be honest. At the very least, you'd want a new job when you have the interview at USCIS. Even if they know your job history, it could show that you found out about how this is a problem and sorted it out. 

Edited January 3, 2021 by Coco8

[Boiler 45,670]

I know people who work in the industry and saying you were not aware that is =t was not legal at the Federal level seems both a bit far fetched and somewhat irrelevant.

 

What have you done since finding this could be an issue, have you moved jobs?

[Arthur Shiraya 0]

16 hours ago, Boiler said:

I know people who work in the industry and saying you were not aware that is =t was not legal at the Federal level seems both a bit far fetched and somewhat irrelevant.

 

What have you done since finding this could be an issue, have you moved jobs?

I am looking for a new job right now. I haven't yet filed my DS-260 and wanted to wait until I am at a new workplace. 

From my research it seems to be safe to submit DS-260 around April/May - am I correct on that?

If I continue working here while I am looking for another job in order to support myself is that too bad? Should I quit immediately and then proceed with my search for a job?

 

Thank you!

[SusieQQQ 11,586]

26 minutes ago, Arthur Shiraya said:

I am looking for a new job right now. I haven't yet filed my DS-260 and wanted to wait until I am at a new workplace. 

From my research it seems to be safe to submit DS-260 around April/May - am I correct on that?

If I continue working here while I am looking for another job in order to support myself is that too bad? Should I quit immediately and then proceed with my search for a job?

 

Thank you!

You don’t actually need to submit the DS260 if you’re doing AOS, though it’s usually advised (as it’s the easiest way to notify KCC you are doing AOS). Submission of the DS260 does not trigger anything in respect to timing for AOS (unlike consular processing where it can be critical). Please make sure you have properly read “the spreadsheet”. 

[Arthur Shiraya 0]

4 hours ago, SusieQQQ said:

You don’t actually need to submit the DS260 if you’re doing AOS, though it’s usually advised (as it’s the easiest way to notify KCC you are doing AOS). Submission of the DS260 does not trigger anything in respect to timing for AOS (unlike consular processing where it can be critical). Please make sure you have properly read “the spreadsheet”. 

SusieQQQ, Thank you!!

 

I went and studied the spreadsheet and here are some of the questions I have.

 

I understand that it is not necessary to submit DS260 for the AOS, but I would like to do as much of what is recommended as possible.

Considering that the 2NL usually takes up-to 2 months after the submission of DS260 and that from my approximations my Case Number is not going to be available up until June/July, am I safe to submit my DS260 application around April/May? That would give me a good enough timeframe to prepare and switch companies. 

 

Do you believe I should quit immediately? Would that - in case if it comes to it - help to sort of re-establish my Good Moral Conduct in the eyes of the Immigration Officer?

 

I am currently on an STEM-OPT extension based on a visa that expired back in 2019. I am legitimately working based on the OPT extension though. Based on the spreadsheet, I'm having a bit of a concern if I am eligible for the AOS in the first place?

 

Thank you very much!