Drug Possession Charge...I'm sure you've heard this before...

[Boiler 45,524]

Matters more what a Waiver Lawyer and the Consulate think.

[baron555 934]

You are confusing medical and criminal inadmissibility.

And they only need reason to believe. And if possession is not reason to believe I have no idea what is.

Possession is NOT using. There is no need to disclosure any criminal past at the medical, only medical questions should be answered. Stop confusing the case.

Well, I see your points, and what he is up against. It could go either way. I'm keeping the hope alive and the prayer. If Boiler thinks it's not possible, that's fine. We don't have to agree.

Simple one time possession is NOT Trafficking. I think he has a great chance.

[Boiler 45,524]

Possession is NOT using. There is no need to disclosure any criminal past at the medical, only medical questions should be answered. Stop confusing the case.

Simple one time possession is NOT Trafficking. I think he has a great chance.

So he had it not in his possession to use but to what? Out of the frying pan into the fire? Not that it matters for this purpose.

Who said anything about trafficking?

[LionessDeon 2,060]

Possession is NOT using. There is no need to disclosure any criminal past at the medical, only medical questions should be answered. Stop confusing the case.

Simple one time possession is NOT Trafficking. I think he has a great chance.

I'd listen to Lizz Cannon. If she said no then it's no. Others will gladly take your $$.

[baron555 934]

So he had it not in his possession to use but to what? Out of the frying pan into the fire? Not that it matters for this purpose.

Who said anything about trafficking?

Mere possession is not a ban-able offense. Trafficking is. And possession does not mean using. What is so hard to understand?

Many drug dealers are not users. They're in it only for the money. (There's a song by that name.)

[Boiler 45,524]

Mere possession is not a ban-able offense.

Ohh

A lot of people with permanent bans will be glad to hear that.

[AnAmericanInLove 1]

Matters more what a Waiver Lawyer and the Consulate think.

Exactly. I agree with you on this. It's up to the Consulate officers. I think we can all speculate, but the decision resides with them.

Two waiver lawyers have confirmed they think it's not possible IF he is banned for a drug offense. However, I have to be patient and let the consulate decide.

I am sure there is nuance in law, I mean, if it was all simply a matter of paperwork, there would be no interview. Again, I actually feel a little excited to see how the immigration process works, because I hear soooo much hype about it through various media outlets.

I have confidence experienced consular officers look at the applicant in the aggregate. True, minor offenses can get you banned for life, and major offenses can be waived no problem, but it all depends. I guess I'm learning that the forum is great for support and opinion, but there is no way to tell what the officer will do or say. Rightly so.

Thanks for following this if you have been, and any comments are most welcome. Like I said, I'm going to make this a pleasant experience somehow. It's for love, so I'm having fun proving I'm in it at the moment. The evidence for proving a relationship was interesting. I really have nothing to complain about when it comes to the process so far. Sure documents are a pain to get, but I'm learning new things as I go, and that's valuable regardless of the outcome.

[AnAmericanInLove 1]

I'd listen to Lizz Cannon. If she said no then it's no. Others will gladly take your $$.

I hear Lizz. She was clear and to the point. We have filed the 129-F, so we'll see what happens. If we are rejected, it wasn't meant to be in the USA. There is no waiver, so I won't apply for one if it doesn't exist.

[AnAmericanInLove 1]

You are confusing medical and criminal inadmissibility.

And they only need reason to believe. And if possession is not reason to believe I have no idea what is.

Well, I have to say that if a person possessed anything 19 years ago, and anyone had reason to believe that they were going to act on that possession (a single and only offense) from almost two decades ago...perhaps the judgement may not be reasonable/rational/sound?

[Boiler 45,524]

I am sure there is nuance in law, I mean, if it was all simply a matter of paperwork, there would be no interview.

I know many years ago you could get a B Visitor Visa in London by just filling the form in and posting it, a friend of mine got one this way. But that changed. If you go to the Visitor Visa section, you will see many stories of 1 minute interviews and refusals,, people who never had a chance of obtaining a visa. Would seem much better for such clearly unapprovable applicants to not be put through the process.

My personal experience with 2 very different applications were a lot of wasted time for a rubber stamping exercise, one unsuccessful and one successful, fortunately the one that mattered was successful.

[AnAmericanInLove 1]

That sounds like a very frustrating and drawn out experience. I'm glad to hear the application that mattered was a success!

[Mistersmisties78 0]

I have been researching something very similar and have come across quite a few people who have gotten into trouble in the past for a class A drug offense (ecstasy) who have been approved for US visas and these are just the ones who write about it on the Internet, I am sure there are many more. This is not cut and dry. There is always hope. It all boils down to your interview and how they feel about the situation. Regardless of what the law states, your interviewer still has the right to make the call based of what they observe. It happens more than we know. Few people get lifetime bans for a single drug offense that happened years ago. You can even find some of their stories on visa journey.

[Boiler 45,524]

You can even find some of their stories on visa journey.

Where?

[Merrytooth 5,748]

Where?

http://www.visajourney.com/forums/topic/506588-k-1-visa-with-acpo-class-a-drug-possession-offence/

Do you think it is similar in nature of OP's fiancé drug pocession offence?

Edited January 24, 2016 by Merrytooth

[Boiler 45,524]

http://www.visajourney.com/forums/topic/506588-k-1-visa-with-acpo-class-a-drug-possession-offence/

Do you think it is similar in nature of OP's fiancé drug pocession offence?

He did not have a a conviction, I remember seeing this, I posted and was surprised..

Now London have changed their view of Cautions and basically now look upon them as convictions. Not sure if a Caution is common in other legal jurisdictions.

PS Go Broncos.

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