Possession of weed, under 18 years of age

[rytnmm 1]

Hi guys I've tried to look for this topic with no luck

I'm in the process of applying for the k1 visa the London embassy has just recieved my claim from the NVC.

I have a possession of weed conviction under 30 grand from when I was 16 it was over 17 years ago. I know it looks most likely I will be denied and told I can apply for a waiver etc. More what I'm wondering is will it definitely be denied ? I've not been able to find any cases were the person applying was under 18 years old and it being so long ago. Is there any wiggle room for the officers or is it just a straight out no no matter if I was a youth or not?

Any factual advice would be appreciated

[alexandaaron 13]

Drug convictions are tricky, but I've been doing some reading-up on under-18 convictions in the UK, and it seems like you're OK if:

The conviction was:

1. Your only one

2. While you were under 18

3. More than 5 years before the date you applied for a visa

The trouble is that drug convictions may be considered crimes involving moral turpitude (CIMTs) in addition to falling under the substance violation clause -- which means the below exemption clause wouldn't apply, and denial would be likely. I've heard (anecdotally) that one marijuana use incident is forgiven in medical, but you're likely facing a seriously uphill battle if you can't answer 'NO' to the below questions:

Have you had other convictions?

Would you fail a random drug test today?

----

From the Immigration & Nationality Act (you can read the whole thing here: https://www.uscis.gov/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-29/0-0-0-2006.html)

(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).

(B) Multiple criminal convictions.

-Any alien convicted of 2 or more offenses (other than purely political offenses), regardless of whether the conviction was in a single trial or whether the offenses arose from a single scheme of misconduct and regardless of whether the offenses involved moral turpitude, for which the aggregate sentences to confinement 2 were 5 years or more is inadmissible.

Edited July 26, 2016 by alexandaaron

[Penguin_ie 5,995]

How long ago was it? If it was a long time ago, and you haven't used since, you may be ok.

For one time small convictions/ using, an outright denial is rare, most likely you will be given a year with random drug tests and if clean, the visa will be issued at the end of the year.

[rytnmm 1]

Thanks for the reply

I have a few cautions from when I was a youth but only the one involving drugs. I would pass any drug test yes U experimented once with weed 17 years ago, I don't even drink alcohol (boring I know) guess I will soon find out my fate pretty sure it will go to a waiver so I'm prepared for that

[rytnmm 1]

Not sure the year ban will happen just bc it was so long ago, ain't those bans usually for people who have recently used it? Last month I was accepted for a holiday B2 visa although one conviction of 30g of weed is acceptable for that visa, but not this one I just wonder if being a youth at the time of the caution has any effect on there decision making for the k1 visa

[rytnmm 1]

Penguin- it was 17 years ago

[alexandaaron 13]

Unfortunately, even cautions count when going UK --> US.

Youth does make a difference, but as stated on the above-linked INA:

(B) Multiple criminal convictions.

-Any alien convicted of 2 or more offenses (other than purely political offenses), regardless of whether the conviction was in a single trial or whether the offenses arose from a single scheme of misconduct and regardless of whether the offenses involved moral turpitude, for which the aggregate sentences to confinement 2 were 5 years or more is inadmissible.

So if you have multiple youth convictions and if their 'aggregate sentences to confinement were 5 years or more' -- so, if you could have spent more than 5 years in jail on all of them -- it's likely that it's going to require a waiver.

And a history of drug convictions usually leads the medical interviewers (who will see your police certificate and Special Access Report) to request you submit to a drug test -- even if you tell them you don't use any more. Fortunately, this is nothing for you to worry about, since you are clean and will come up so!

Have you requested your police certificate & Special Access Report yet? If you have any past convictions or cautions, you'll definitely want to do so ASAP. Once you have your full history, then you can see what actually shows up on your record (i.e. what the Embassy will see) and start planning for any related needs.