Fined for being under the influence 11 years ago

[raheelp 0]

Here are the facts:

Husband is Norwegian (beneficiary)

Husband had been stopped twice (11 years ago, when he was 19) and ADMITTED to being under the influence of marijuana, not that he was possessing any, dealing any, etc. This is a fine in Norway and it disappears from your record after 7 years except in cases like this (immigrating to US). He was NEVER arrested or at any time detained by police. Never had to show up to court, etc. All he said was "yes, I am under the influence, please fine me." And they did and went on their merry way. Both times took place within 6 months of the same year (dumb 19 year old thinking he was cool...)

This showed on his police certificate when we sent our IV package in so we were honest on his DS-230 and wrote a sort of letter of explanation/apology.

I am freaking out after reading some other forums though... Will he even get an interview? I'm so scared that they will judge a 19-year old's decisions and not a clean record of 11 years after the fact. If he's asked at the medical he will be honest, he smoked over 10 years ago when he was a kid.

Is there anything we can/should do? Should I be preparing for the worst? (PLEASE try and be gentle with your answers, I am in a really fragile state of mind worrying about this)

Thank you for anyone/everyone that can help.

[N-o-l-a 7,167]

I'm sure someone will come a long with something better, but it was my understanding that the issue was only waived when the person simply admitted the very long past drug use during the medical exam.

You might very likely need a waiver of inadmissibility for this. http://www.everythingaddiction.com/public-policy/federal-law-addiction/drug-immigration-law/drug-related-grounds-of-criminal-inadmissibility-into-the-united-states/

[raheelp 0]

Will we need that waiver if we're denied, or is that something we bring to the interview? Do we send it to the NVC?? Sorry I'm all over the place this morning. Thank you for the input nonetheless.

I'm looking at the waiver now and wondering what we would even "check". He was not accused or fined for possession or marijuana. Moral turpitude maybe?

Edited March 23, 2013 by raheelp

[N-o-l-a 7,167]

Will we need that waiver if we're denied, or is that something we bring to the interview? Does that q make sense?? Sorry I'm all over the place this morning. Thank you for the input nonetheless.

I'm looking at the waiver now and wondering what we would even "check". He was not accused or fined for possession or marijuana. Moral turpitude maybe?

If he is inadmissible as determined by the embassy, then it will probably be under INA 212(a)(1)(A)(iv). The use of an illegal drug will trigger that, especially when he has been fined for it.

If he is found to be not eligible for a visa under that, then you will get a sheet at the interview and then you will file a waiver when you get home. It is a tricky task, which can be done by yourself, but might require a lawyer. You have to prove that there are circumstances that necessitate you both being in America, which is hard when you both already live in Norway.

I'm no lawyer or expert on this, so please don't take this as fact or anything. I could be very wrong.

[raheelp 0]

thank you regardless

[raheelp 0]

the thing that is confusing me though is that on the waiver, the box regarding illegal drugs only states possession which he was not fined for/accused of...?

[raheelp 0]

bump for the west coasters. any advice is appreciated.

[Boiler 45,517]

How did he take it then?

[raheelp 0]

possession is only charged when they find marijuana in your possession, which they didn't. he admitted to having used it and being under the influence.

[N-o-l-a 7,167]

I think your two next steps should be to contact the embassy and ask as they tend to be pretty responsive and contact a respected and experienced lawyer who has handled similar cases. Immigrate2us handles a lot of the waiver cases and might be able to give you more advice.

Edited March 23, 2013 by Nola123

[raheelp 0]

thank you so much, Nola123. Will do.

[Boiler 45,517]

That will work as well as 'I did not inhale'

He is required to submit details of his past misdeeds. Drugs convictions are issues.

There is a de minimus amount for a single case of possession.

I do not know how it works out in this case.

[raheelp 0]

I understand that. In my first post I said we were totally honest and supplied his record.

[nictillster 1]

http://www.state.gov/documents/organization/86942.pdf. Read the part in purple. I'm not sure if it's accurate everywhere, buuuut it may ease your mins a bit!

[nictillster 1]

I guess that link wasn't good...there was an update on 2/23/12 that said simply possession or under the influence was no longer considered a crime of moral tee peruse, only possession with intent to distribute...