Granted a B-2 with no issues, will I be eligible for the K-1

[Boiler 45,955]

What do you think happens before a criminal case is dismissed? Uhmmm......an arrest. He has to disclose this. You are completely wrong for saying he does NOT have to disclose it.

Hmmmmm

[baron555 934]

Yes, it can affect you. You could get a denial, 1 year ban, and drug tests for a year.

The people that got 1 year bans admitted so at their medical exams.

Correct but the OP says that they did not use any drugs, just got pulled in along with others who were.

No arrests or citations. You have been either arrested or cited before the dismissal, so your situation is worse than theirs IMHO.

All these records will be discovered by USCIS during the background checks. I don't know that the background checks performed on the beneficiary by USCIS are different between the B-2 visa and a K-1.

[baron555 934]

What is your point? Him saying that he never used MJ is meaningless when he was arrested or cited for MJ.

So guilty before being innocent? Just because he was arrested doesn't mean he actually is guilty. He has the dismissal, which means they were wrong to arrest him.

He was arrested or cited for the MJ. He has to disclose this for the K-1. It doesn't matter that he never used it. He has an arrest or citation for it which he must disclose. The dismissal does not matter.

Yes full disclosure is required.....even if he doesn't they will find out. It's very much common knowledge (or it should be here on VJ) that USCIS has access to even closed and expunged information.

How many MJ users do you think actually admits to past use knowing that it's an automatic denial and 1 year ban with drug testings? It's only the honest or ignorant that admits to past usage of MJ.

Define usage?

I was in college.

I went to rock concerts.

Heck back in the day, when taking the commuter train home from working in downtown Chicago, they were smoking something very different in the smoker car on St. Patrick's Day following the big parade!

So since I could smell something, I guess I inhaled something.

[aaron2020 11,651]

aaron2020, on 11 Jan 2016 - 3:16 PM, said:

What is your point? Him saying that he never used MJ is meaningless when he was arrested or cited for MJ.

So guilty before being innocent? Doesn't matter. Just because he was arrested doesn't mean he actually is guilty. He has the dismissal, which means they were wrong to arrest him. He was still arrested which means he has to disclose it and how the case ended. Are you suggesting that he does not need to disclose his arrest because the case was dismissed? Guilt or innocence has nothing to do with disclosing it.

He was arrested or cited for the MJ. He has to disclose this for the K-1. It doesn't matter that he never used it. He has an arrest or citation for it which he must disclose. The dismissal does not matter.

Yes full disclosure is required.....even if he doesn't they will find out. It's very much common knowledge (or it should be here on VJ) that USCIS has access to even closed and expunged information.

How many MJ users do you think actually admits to past use knowing that it's an automatic denial and 1 year ban with drug testings? It's only the honest or ignorant that admits to past usage of MJ.

Define usage? Does not matter when OP has a MJ case. He has to disclose it.

I was in college.

I went to rock concerts.

Heck back in the day, when taking the commuter train home from working in downtown Chicago, they were smoking something very different in the smoker car on St. Patrick's Day following the big parade!

So since I could smell something, I guess I inhaled something. Did you end up in court like the OP? Lots of us smoked weed in college. The only people who got in trouble were the ones that were arrested or cited by the police. No police = no arrest = no need to disclose = you and me. Citation for possession of weed + dismissal = OP = still got to disclose it.

[baron555 934]

aaron2020, on 11 Jan 2016 - 3:16 PM, said:

What is your point? Him saying that he never used MJ is meaningless when he was arrested or cited for MJ.

So guilty before being innocent? Doesn't matter. Just because he was arrested doesn't mean he actually is guilty. He has the dismissal, which means they were wrong to arrest him. He was still arrested which means he has to disclose it and how the case ended. Are you suggesting that he does not need to disclose his arrest because the case was dismissed? Guilt or innocence has nothing to do with disclosing it.

Yes he has to disclose the arrest and the dismissal as part of the disclosure of any arrest or other possible criminal background

Now for the medical, there is nothing to disclose if he truly never used any. Big difference and two totally different things.

He was arrested or cited for the MJ. He has to disclose this for the K-1. It doesn't matter that he never used it. He has an arrest or citation for it which he must disclose. The dismissal does not matter.

Yes full disclosure is required.....even if he doesn't they will find out. It's very much common knowledge (or it should be here on VJ) that USCIS has access to even closed and expunged information.

How many MJ users do you think actually admits to past use knowing that it's an automatic denial and 1 year ban with drug testings? It's only the honest or ignorant that admits to past usage of MJ.

Define usage? Does not matter when OP has a MJ case. He has to disclose it. Not for the medical. They don't care about criminal background, only health. If he never used any , then that is answer.

I was in college.

I went to rock concerts.

Heck back in the day, when taking the commuter train home from working in downtown Chicago, they were smoking something very different in the smoker car on St. Patrick's Day following the big parade!

So since I could smell something, I guess I inhaled something. Did you end up in court like the OP? Lots of us smoked weed in college. The only people who got in trouble were the ones that were arrested or cited by the police. No police = no arrest = no need to disclose = you and me. Citation for possession of weed + dismissal = OP = still got to disclose it. He says he was just arrested as part of a larger group and he never was using it and got the case dismissed.

So again, there is disclosure of the criminal background which is different to answering the medical question.

[aaron2020 11,651]

aaron2020, on 11 Jan 2016 - 3:16 PM, said:

What is your point? Him saying that he never used MJ is meaningless when he was arrested or cited for MJ.

So guilty before being innocent? Doesn't matter. Just because he was arrested doesn't mean he actually is guilty. He has the dismissal, which means they were wrong to arrest him. He was still arrested which means he has to disclose it and how the case ended. Are you suggesting that he does not need to disclose his arrest because the case was dismissed? Guilt or innocence has nothing to do with disclosing it.

Yes he has to disclose the arrest and the dismissal as part of the disclosure of any arrest or other possible criminal background

Now for the medical, there is nothing to disclose if he truly never used any. Big difference and two totally different things.

OP asked about disclosing for the K-1. That was the question that i answered. He did not mention the medical exam. Focus on the question being asked.

He was arrested or cited for the MJ. He has to disclose this for the K-1. It doesn't matter that he never used it. He has an arrest or citation for it which he must disclose. The dismissal does not matter.

Yes full disclosure is required.....even if he doesn't they will find out. It's very much common knowledge (or it should be here on VJ) that USCIS has access to even closed and expunged information.

How many MJ users do you think actually admits to past use knowing that it's an automatic denial and 1 year ban with drug testings? It's only the honest or ignorant that admits to past usage of MJ.

Define usage? Does not matter when OP has a MJ case. He has to disclose it. Not for the medical. They don't care about criminal background, only health. If he never used any , then that is answer.

OP asked about disclosure of his MJ case for th K-1, not the medical exam specifically.

I was in college.

I went to rock concerts.

Heck back in the day, when taking the commuter train home from working in downtown Chicago, they were smoking something very different in the smoker car on St. Patrick's Day following the big parade!

So since I could smell something, I guess I inhaled something. Did you end up in court like the OP? Lots of us smoked weed in college. The only people who got in trouble were the ones that were arrested or cited by the police. No police = no arrest = no need to disclose = you and me. Citation for possession of weed + dismissal = OP = still got to disclose it. He says he was just arrested as part of a larger group and he never was using it and got the case dismissed.

So again, there is disclosure of the criminal background which is different to answering the medical question. Correct, now what did the OP ask about? Disclose for the K-1 or disclosure for the medical exam only? I answered the questions that were asked correctly. He asked about disclosure for the K-1.

[jan22 3,056]

What do you think happens before a criminal case is dismissed? Uhmmm......an arrest. He has to disclose this. You are completely wrong for saying he does NOT have to disclose it.

In his first post, the OP characterized it as a "citation" -- which may or may not have been a crminal arrest. Neither of us knows for sure. I did NOT say he did not have to disclose it -- I say he MAY not have to disclose it (if it were, in fact, only a civil citation. And, I also said it was good that he had done so with the visa officer adjudicating his B visa-- keeps everything cleaner and makes it a moot point.

The most important part of all of this is his basic question -- since he got the B visa will he likely have problems with this with the K. And, I still believe he won't have an issue -- it won't be an ineligibility for the visa officer, since they reviewed it when he got the B visa. It shouldn't be a problem at the medical because the question there is if he had ever used -- and he stated that he can honestly answer that as a "no". The citation/dismissal doesn't matter at the medical -- the truth does.

[Boiler 45,955]

Criminal citations are used by police in some jurisdictions in order to charge a person with a crime without the need of making a physical arrest. They are generally used for non-violent, fineable offences and those that carry little incarceration time. Convictions for criminal citations may show as such on a criminal record.

Requirements for issuance of a criminal citation vary by jurisdiction but generally the suspect must have no open warrants and a valid identification such as a driver's license, military ID or passport.