MEDICAL LONDON

[Claire and Troy 2]

actually on the contrary he told the truth about everything including that he had a caution 7 years ago (I know, what was he thinking) and that's prob what caused the doctor to question him so intensely and give the test...

our attorney said that if anything came back positive that he would be banned from the us for 3 years but I'm not sure how accurate that is...

it is going to totally SUCK if he can't come home next week after being apart 6 months! it is what it is and we will find out soon enough but just from a rights perspective i think it would be INSANE to not approve someone or bar them from the US if they smoked...there is a huge difference between smoking and doing or partaking in hard core drug activities... there are so many worse things to be concerned about....

I am so ready to be done with all this immigration drama....so stressful and looooooooong!!

You mentioned in another post that your fiance hasn't smoked in "ages". Depending on how that is defined will largely determine his outcome regarding the drug screen. He's the one who knows how long ago it was and can do the math based on some simple research and comparing it to the US Federal guidelines (assuming that's the standard in which the consulates work).

I don't know what a "caution" is, but if it's something that will show up on a police check then IMO it was wise to disclose it.

I guess if you two have a strong reason to believe there will be a positive test result, you may want to begin considering other options, such as moving to him in the event of a denial or bar of entry. Not trying to freak you out, just sayin, worst case scenario and all.

[Trompe le Monde 1,107]

A caution is a warning not a criminal charge - there have been people on VJ with police cautions for cannabis possession who have been approved without delay. It can be a cause for a denial. Your best approach is to be completely honest because lying will give you more problems down the line than a police caution.

[SunDrop 59]

Thanks...I guess we will find out next week at his interview...

I'm just wondering if anyone knows of a situation where someone could re-take the medical if they feel the results were inaccurate? It probably would depend on the interview officer...conditional?

This is going to sound harsh, but he's either got trace in his urine or he doesn't. It sounds like 'in ages' might be more recent than you'd care to admit but if you trust him to be honest about how long it has been, then google how long it takes for urine analysis to come up clear.

What it boils down to is that he has a criminal record for, prior drug abuse. It will depend on the CO (consular official) but also the law. The problem with cautions is that there is no such thing in the US. Had the same offense been committed there, he would have been arrested, and charged with possession.

You've got to keep in mind that they regularly deny visas where someone has a drunk-driving conviction, and booze is totally legal (although driving drunk isn't, obviously). Combine the fact that weed is illegal AND he's got a record for it (presumably possession). When he's traveled to the US in the past, has he done this on a visa waiver and did he complete the ESTA questionnaire (for travel after January 2009)? If he has and he didn't declare it on his I-94 and/or ESTA then you may well be dealing with problems of historic misrepresentation.

Sorry to say, but start preparing yourself emotionally for a denial, even with a negative test result, and read up on waivers and appeals.

[Trompe le Monde 1,107]

He has a caution which is not the same thing as a criminal record.

[Trompe le Monde 1,107]

Also, whether you would be "arrested" for possession of a small amount cannabis in the US is down to the state you live in.

[Gemmie 142]

because he had weed on his police report

When I read that, I chuckled. I'm so mature.

Seriously though, you don't sound convinced that he hasn't been smoking something. If you were ("he hasn't smoked in ages") then you wouldn't even need to be so stressed about the possibility, asking about the re-test, or start debating whether weed-smokers should be allowed in the US or not. Has your fiancee told you that he has NOT taken anything? If so, what's the problem? Sounds like a gap in trust.

[SunDrop 59]

He has a caution which is not the same thing as a criminal record.

It's an arrest in US equivalence. They don't have cautions. You're asked if you have ever been arrested or convicted of....

But agreed, I was wrong to assume that he would have a criminal record in the US. I just haven't heard of anyone ever being arrested for possession and not charged, unless they've successfully proven that it wasn't theirs (e.g. 2 people running away, 1 drops a baggie, both get arrested for possession and charges are dropped against the 1 who successfully proved he wasn't the 1 carrying said baggie) ...

Edited January 28, 2010 by SunDrop

[SunDrop 59]

When I read that, I chuckled. I'm so mature.

Me too I thought, "funny way to give a sample?"

[Claire and Troy 2]

I was still having issues wrapping my head around what a caution is so I had to look it up. https://www.askthe.police.uk/content/Q562.htm

[SunDrop 59]

I was still having issues wrapping my head around what a caution is so I had to look it up. https://www.askthe.police.uk/content/Q562.htm

The issue is that the US doesn't have cautions. They have to consider the gravity of the offense, so it needs to be 'translated', and therefore gets translated to an arrest (which it is in the UK too) and more often than not a charge. This is where what to a UK resident is a 'simple' caution, it carries more weight when considered from a US perspective.

Either way, it ain't good news when it comes to immigration...

[Trompe le Monde 1,107]

It's an arrest in US equivalence. They don't have cautions. You're asked if you have ever been arrested or convicted of....

when you are cautioned you are not necessarily arrested. Just like when you are ticketed for speeding you are not arrested because while illegal it is not a criminal offense it is a civil offense. And hust because it doesn't have an exact US equivalent doesn't mean people need to start putting it on their visa waiver forms, especially since the Home Office does not consider it a criminal offense.

Edited January 28, 2010 by Trompe le Monde

[Boiler 45,525]

The US does not care what the UK consider it as.

A Caution is sort of like a plea deal slap on the wrist

You admit to the offence it goes on you reord but you do not go to court.

From reading other forums, some get 3 years to show eform from last offence, others from when they admit it.

I would take whatever evidence he has of rehabiitation etc to the interview just in case.

[japointer 0]

The US does not care what the UK consider it as.

A Caution is sort of like a plea deal slap on the wrist

You admit to the offence it goes on you reord but you do not go to court.

From reading other forums, some get 3 years to show eform from last offence, others from when they admit it.

I would take whatever evidence he has of rehabiitation etc to the interview just in case.

It has been well over 3 years...I guess we will just find out next week : ( just hope for the best & I suppose it is ultimately the decision of the officer...

THANKS ~*

[SunDrop 59]

The US does not care what the UK consider it as.

A Caution is sort of like a plea deal slap on the wrist

You admit to the offence it goes on you reord but you do not go to court.

From reading other forums, some get 3 years to show eform from last offence, others from when they admit it.

I would take whatever evidence he has of rehabiitation etc to the interview just in case.

The US does cares that a UK resident applying for a US visa has a police record. Of course the US doesn't care what the UK consider it as (and to be technical, we should be referring to it and England and Wales, because Scotland operates under it's own laws). But for the sake of assessment and consideration, they have to liken it to a US offense. Since they don't have a 'slap on the wrist' legal equivalent, I'm taking advice from a British police officer about whether you can receive a caution without being arrested, because this is important.

It is my understanding that if you are arrested and booked, you have been charged. If you have been given a caution, then you have admitted to the offense. Ergo, you cannot receive a caution without having been arrested, booked, charged and pleaded guilty to the offense. This makes it a criminal record from a US legal perspective, surely.

If the beneficiary has stated that he has not been arrested or convicted for drug related offenses when traveling on a VWP, then he has misrepresented himself.

At the end of the day, the OP should probably get legal advice from a good immigration lawyer. I'll update this thread with what the police officer confirms as to the process.

Edited January 28, 2010 by SunDrop

[Trompe le Monde 1,107]

I guess you are not familiar with a street caution, which is most likely what the OP's fiance received for having a joint