Admitted drug use, redo medical?

[fantonledzepp 159]

Yes, states have some discretion on their own laws and not all states classify it as a controlled substance. But more importantly, since we're talking about immigration issues here and that's the federal government, no state law changes the fact that it's a controlled substance federally. That's why people who are licensed to produce marijuana for medical use in California can still get in serious trouble with the federal drug enforcement officials, though currently the DOJ has opted out of pursuing those producers. The federal law that makes THC a controlled substance hasn't changed, so they could arrest people who are acting legally under their particular state's law at any time.

Very well. In any case, the OP said he used marijuana 8 years ago, hopefully it won't be a problem.

[R and L 5]

I don't know that much about marijuana, but I really don't think it's such a essential problem if it happened 8 years ago and you tried only once.

Just be honest with the embassy. I think that's much better and actually gives a sincere picture of you.

I would even write an email to the embassy (they reply sometimes even on the same day!) and ask whether you should tick that box on the form. And then whatever they reply to you, print out their response email and take it with you to the interview!

And by writing to the embassy you will know for sure where they stand with the marijuana subject. Most likely their reply is just going to make you relax

[krenn08 8]

While I wouldn't just completely forget about it, my fiance's son admitted to the same thing at 16. She's coming over on a K-1 and thus, he's on a K-2 and is 20 now. What wound up happening: He came back for a "psych" checkup and was just asked a few questions, after which they approved him and he now has his K-2.

Hope that helps.

[JimVaPhuong 4,863]

I just checked and it is a fine or maximum of 6 months in prison. What do you mean by 'exception'? Does that mean I don't have to check the box, or that it will not be considered as bad by the embassy or what? Does it state somewhere? Thank you for your help!

You have to check the box because you already admitted it during the medical exam.

The exception is INA 212(a)(2)(A)(ii)(II):

(2) Criminal and related grounds.-

(A) Conviction of certain crimes.-

(i) In general.-

Except as provided in clause (ii), any alien

convicted of, or

who admits having committed, or who admits committing acts which constitute the essential elements of

-

(I) a crime involving moral turpitude (other than a purely political offense) or an attempt or conspiracy to commit such a crime, or

(II)

a violation of

(or a conspiracy or attempt to violate)

any law or regulation of a State, the United States, or a foreign country relating to a controlled substance

(as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)),

is inadmissible

.

(ii)

Exception.-Clause (i)(I) shall not apply to an alien who committed only one crime if

-

(I) the crime was committed when the alien was under 18 years of age, and the crime was committed (and the alien released from any confinement to a prison or correctional institution imposed for the crime) more than 5 years before the date of application for a visa or other documentation and the date of application for admission to the United States, or

(II)

the maximum penalty possible for the crime

of which the alien was convicted (or

which the alien admits having committed

or of which the acts that the alien admits having committed constituted the essential elements)

did not exceed imprisonment for one year

and, if the alien was convicted of such crime, the alien was not sentenced to a term of imprisonment in excess of 6 months (regardless of the extent to which the sentence was ultimately executed).

Actually, interpreting this strictly, it appears that the exception only applies to crimes involving moral turpitude. It appears it doesn't apply to the drug use.

I can tell you, speaking as a law enforcement officer, marijuana is not a controlled substance. At least, at the state level. If it is considered a controlled substance at the federal level, then that is news to me.

Section 21 USC 802, which is referred to in the INA above, provides the definitions for various drug related laws. That section of US Code defines a controlled substance as any substance defined in schedule I, II, III, IV, V, or section B of the that section of the US code. Marijuana (spelled "marihuana" in the federal law) is listed as a schedule I controlled substance.

Edited June 17, 2012 by JimVaPhuong

[VEG 1]

Thank you all for your input. Relieving to hear this might not be the end of the world, but I am still worried. I guess I will have to just wait and see what happens, I have no idea how strict the Finnish Embassy is on such matters.

I think there's no way out of ticking the box, so I'm just going to keep my fingers crossed they will consider all the other things i have going for me/us and not only look at that one youthful indiscretion that I was too honest to admit to at the medical. I will make sure to let you know what happens.

Thank you all again.

[JimVaPhuong 4,863]

Thank you all for your input. Relieving to hear this might not be the end of the world, but I am still worried. I guess I will have to just wait and see what happens, I have no idea how strict the Finnish Embassy is on such matters.

I think there's no way out of ticking the box, so I'm just going to keep my fingers crossed they will consider all the other things i have going for me/us and not only look at that one youthful indiscretion that I was too honest to admit to at the medical. I will make sure to let you know what happens.

Thank you all again.

I don't know if you caught my mea culpa in my previous post, but just in case you didn't...

I WAS WRONG!

The exception in INA 212(a) is for crimes that fall under the moral turpitude clause. Crimes involving a controlled substance fall under a different clause, and it doesn't appear that the exception applies to them. A strict interpretation of the law means that you will be found inadmissible because of this.

Fortunately, this is not the end of the world.

INA 212(a)(2)(A)(i)(II) is waiver authorized. The terms of the waiver are spelled out in INA 212(h). If there was only one offense, and that offense involved 30 grams or less of marijuana, and the alien is the spouse, parent, son, or daughter of a US citizen or permanent resident, then the qualifying relative can submit an I-601 waiver application on behalf of the alien. The qualifying relative has to demonstrate that it would be an extreme hardship on them if the alien is not permitted to immigrate.

You may have some additional work ahead of you before you'll get a visa. A consultation with a good immigration lawyer is strongly advised.

[VEG 1]

I don't know if you caught my mea culpa in my previous post, but just in case you didn't...

I WAS WRONG!

The exception in INA 212(a) is for crimes that fall under the moral turpitude clause. Crimes involving a controlled substance fall under a different clause, and it doesn't appear that the exception applies to them. A strict interpretation of the law means that you will be found inadmissible because of this.

Fortunately, this is not the end of the world.

INA 212(a)(2)(A)(i)(II) is waiver authorized. The terms of the waiver are spelled out in INA 212(h). If there was only one offense, and that offense involved 30 grams or less of marijuana, and the alien is the spouse, parent, son, or daughter of a US citizen or permanent resident, then the qualifying relative can submit an I-601 waiver application on behalf of the alien. The qualifying relative has to demonstrate that it would be an extreme hardship on them if the alien is not permitted to immigrate.

You may have some additional work ahead of you before you'll get a visa. A consultation with a good immigration lawyer is strongly advised.

I did notice it, but thank you for your research either way. I have no choice but to see how the interview goes and what they tell me there, no point in consulting a lawyer beforehand. I have read of several people getting a one-year ban as someone mentioned earlier, but also of people getting approved without one. I guess it's just a waiting game until then, unfortunately. I'm sure I'll be back before long, either to ask for more help or something else. I'm just really hoping for the "something else".

[jessicaruizw 9]

committing a crime that involves substance abuse, am I right?

sorry I am so late, but check this link out- http://www.state.gov/documents/organization/86942.pdf

It depends a lot on whether personal consumption in your country is legal. If so, then you did not violate any law, and neither does it qualify under moral turpitude (check above link). On page 8 in purple it says -

"The mere possession or use of a controlled substance is not a crime involving moral turpitude".

According to this, I think you would say "no" on that question....thoughts JimVaPhuong ?

did you already send it in? what has happened?

[CanLee 5]

I can tell you, speaking as a law enforcement officer, marijuana is not a controlled substance. At least, at the state level. If it is considered a controlled substance at the federal level, then that is news to me.

I find it fascinating that a law enforcement officer wouldn't know. Maybe it's just due to the fact I live essentially in a border town in Canada and always hear about it. Regardless it is clearly identified here http://www.deadiversion.usdoj.gov/schedules/orangebook/c_cs_alpha.pdf