Cr1 Denied based on a statement given 3 years ago

[Mackjonesy 0]

I am a Canadian and my wife in the American Citizen. Three years ago I was crossing the border with her before we were married, the CBP thought I was intending to immigrate which wasn't true. They did a very thorough search of my vehicle and read my journal where I talked about using drugs the year before. Without telling me this they put me under oath and started questioning me about my parents and then asked me about my drug use and brought up the journal. Long story short, they got me to sign a statement admitting that I'd used drugs before and violated the law. This statement was just used to deny me a CR1 Visa. I have no prior criminal history or record and have not used drugs since. The consular officer advised me that the best route would be to try and discredit the manner in which the statement was taken as they have strict guidelines to follow.

Has anyone heard of anyone getting a statement thrown out?

I'm talking to an attorney but would like to hear any stories.

[Jawaree 718]

You need a greatwaiver atty, how much drgsdidv yo writeabout in a journal

were you ever arrested, dont know if reasonn to believe would apply.

Only an atty could do an AO no the matter, but also know the INA laws are that

any admittance to drugs can deem one inadmissible Have your spose involve

her congressperson

Why oh why ppl travel with inncriminating TEXTs in thier phones and Journals

why not mail the journal to yourself

[Boiler 46,354]

Can she move to Canada?

[Hypnos 6,578]

Admission of illegal drugs use is often a lifetime bar.

What drugs, when, and how old were you at the time?

Edited November 1, 2016 by Hypnos

[canadian_wife 1,829]

When asked at the medical about your prior drug use what did you say? You would have had to disclose any drug use at the medical anyway so challenging the manner in which they initially found out may be moot.

What drugs was it? Were you ever arrested?

good luck

[Mackjonesy 0]

You need a greatwaiver atty, how much drgsdidv yo writeabout in a journal

were you ever arrested, dont know if reasonn to believe would apply.

Only an atty could do an AO no the matter, but also know the INA laws are that

any admittance to drugs can deem one inadmissible Have your spose involve

her congressperson

Why oh why ppl travel with inncriminating TEXTs in thier phones and Journals

why not mail the journal to yourself

I didn't realize it was in there..

What could her congress person do?

[Boiler 46,354]

Congress Person can not do anything.

[Hypnos 6,578]

Only a good immigration lawyer can help you now, if that's even possible anymore.

You basically gave them the evidence, which wasn't the smartest thing you could have done.

[Jojo92122 1,924]

Only a good immigration lawyer can help you now, if that's even possible anymore.

You basically gave them the evidence, which wasn't the smartest thing you could have done.

What would have been the smartest thing to do? Since the OP must disclose his drug use, are you suggesting he should have lied?

[Boiler 46,354]

Your obligation is to answer the questions asked.

[Hypnos 6,578]

Admission of prior drug abuse isn't always an automatic bar or ineligibility, depending on the drug(s) and when it was.

OP hasn't answered that question, so it's not possible to say one way or another.

But handing them a statement admitting to prior drug use before they've even asked - and then signing a statement affirming that - does you absolutely no favours whatsoever.

[Mackjonesy 0]

It was one time LSD use three years ago, and I also said I tried mushrooms and marijuana 5 years before. I was just out of university and it was a bad decision, but it's pretty unfortunate that something like this is potentially going to haunt me the rest of my life.

I know there's no waivers for this so the best thing I can think of doing is going after the way the statement was taken.

And I'm not interested in hearing how dumb it was anymore, when crossing the border you don't have any constitutional rights and the way they got the statement from me ect. was less than ethical. They simply told me to come into a room without mentioning anything swore me in and then started asking me questions about my parents and then asked me if i'd ever used LSD and when I answered no then said we found in your journal you had so I admitted to it.

Please keep your comments constructive.

[Lemonslice 4,996]

When asked at the medical about your prior drug use what did you say? You would have had to disclose any drug use at the medical anyway so challenging the manner in which they initially found out may be moot.

What drugs was it? Were you ever arrested?

good luck

I would discuss your answer to this question with your lawyer. Best of luck.

[Boiler 46,354]

With drugs they do not need to prove anything reason to believe is enough and LSD goes well beyond a minor issue.

I do not see how you could have a complaint but even if you had a case, you are in Canada. No jurisdiction.

I would focus on Canada and have a few consultations.

[LionessDeon 2,060]

Did you list this past use on your medical exam questionnaire? If not, it may be a misrepresentation.