Is grounds for inadmissibility a requirement for consular officers or at their discretion

[joeblogs 6]

I am likely to have my K1 interview in New Zealand soon and have a minor criminal charge from 11 years ago at age 18 which wouldn’t be a problem at all except for the police report notes I was affected by cannabis. There was no possession or cannabis present or anything like that and the charge but I admitted it to the police and I can not get around this admission of use of cannabis. I will have to disclose it both on ds160 and in the medical.
 

Strictly I am inadmissible but likely eligible for a waiver however some people seem to have got through in the London consulate with a cannabis caution for actual possession.

 

I’m at a loss what to think might happen and mainly want to know if “grounds for inadmissibility” is binding or if it’s if the consular officer wants to make a determination of inadmissibility they can but actually don’t have to? I’m just hoping it’s the latter and I at least have a chance of approval. Sound application otherwise. 
 

Any advice or past knowledge here? 

 

 

Edited January 11, 2021 by joeblogs

[Greenbaum 12,259]

9 hours ago, joeblogs said:

I am likely to have my K1 interview in New Zealand soon and have a minor criminal charge from 11 years ago at age 18 which wouldn’t be a problem at all except for the police report notes I was affected by cannabis. There was no possession or cannabis present or anything like that and the charge but I admitted it to the police and I can not get around this admission of use of cannabis. I will have to disclose it both on ds160 and in the medical.
 

Strictly I am inadmissible but likely eligible for a waiver however some people seem to have got through in the London consulate with a cannabis caution for actual possession.

 

I’m at a loss what to think might happen and mainly want to know if “grounds for inadmissibility” is binding or if it’s if the consular officer wants to make a determination of inadmissibility they can but actually don’t have to? I’m just hoping it’s the latter and I at least have a chance of approval. Sound application otherwise. 
 

Any advice or past knowledge here? 

There have been many who have gotten their visa with the admission of drug use. Canabis is the easiest of them all. Move forward with your interview with the UK and be honest at the medical exam. You may have additional hoops to jump through such as being referred to a phycologist for evaluation. If you have not used any drugs for over 10 years as you say, then you should not have a problem.

 

This all hinges on the police record of course. If you are the petitioner and you have included your court records with the I-129f, Petition for Alien Fiancé(e) and USCIS has approved your case then you are good to go. But if you are the beneficiary than what I stated above is your responsibility. Good luck and stay engaged in the process. 

[joeblogs 6]

5 hours ago, Greenbaum said:

There have been many who have gotten their visa with the admission of drug use. Canabis is the easiest of them all. Move forward with your interview with the UK and be honest at the medical exam. You may have additional hoops to jump through such as being referred to a phycologist for evaluation. If you have not used any drugs for over 10 years as you say, then you should not have a problem.

 

This all hinges on the police record of course. If you are the petitioner and you have included your court records with the I-129f, Petition for Alien Fiancé(e) and USCIS has approved your case then you are good to go. But if you are the beneficiary than what I stated above is your responsibility. Good luck and stay engaged in the process. 

Thanks for the reply Greenbaum, I am the beneficiary and the charge 

 

5 hours ago, Greenbaum said:

There have been many who have gotten their visa with the admission of drug use. Canabis is the easiest of them all. Move forward with your interview with the UK and be honest at the medical exam. You may have additional hoops to jump through such as being referred to a phycologist for evaluation. If you have not used any drugs for over 10 years as you say, then you should not have a problem.

 

This all hinges on the police record of course. If you are the petitioner and you have included your court records with the I-129f, Petition for Alien Fiancé(e) and USCIS has approved your case then you are good to go. But if you are the beneficiary than what I stated above is your responsibility. Good luck and stay engaged in the process. 

Thanks for the reply greenbaum I am the beneficiary going for an interview in New Zealand.
 

The conviction is specifically a general “drive under the influence alcohol/drugs” there was no alcohol and the conviction/charge hasn’t anything to do with controlled substances it’s just when you read the court records the police state that the drug was cannabis and I pleaded guilty to the charge.
 

The word cannabis is mentioned once in the entire 10 pages because my offence is usually used for alcohol offences they don’t have a breath or blood test evidence for. 
 

I told the medical officer and they noted this all down and put me down as class b in full remission even though I only tried pot a couple times. 
 

Do you have any further advice with this extra information? 

Edited January 11, 2021 by joeblogs

[Greenbaum 12,259]

1 hour ago, joeblogs said:

Thanks for the reply Greenbaum, I am the beneficiary and the charge 

 

Thanks for the reply Greenbaum I am the beneficiary going for an interview in New Zealand.
 

The conviction is specifically a general “drive under the influence alcohol/drugs” there was no alcohol, and the conviction/charge hasn’t anything to do with controlled substances it’s just when you read the court records the police state that the drug was cannabis and I pleaded guilty to the charge.
 

The word cannabis is mentioned once in the entire 10 pages because my offence is usually used for alcohol offences, they don’t have a breath or blood test evidence for. 
 

I told the medical officer and they noted this all down and put me down as class b in full remission even though I only tried pot a couple times. 
 

Do you have any further advice with this extra information? 

You're getting into an area that I am not an expert. Someone else will opine with an answer.  I suggest you may ask in the thread for your country/embassy. Go to the blue ribbon above, select "forums" then scroll about three-fourths of the page down and select the region that most represents where your country is located.  Good luck and stay engaged in the process. 

 

[joeblogs 6]

On 1/12/2021 at 9:11 AM, Greenbaum said:

You're getting into an area that I am not an expert. Someone else will opine with an answer.  I suggest you may ask in the thread for your country/embassy. Go to the blue ribbon above, select "forums" then scroll about three-fourths of the page down and select the region that most represents where your country is located.  Good luck and stay engaged in the process. 

 

I got approved at the interview. Now just to worry about when issue (supervisor sign off) shows up and then at POE the guy basically said  I’m gonna deliberately not seek an admission from you and it’s only because the statute isn’t drug related you can get this of course leaving me open to CBP trying to find me inadmissible as it’s on the medical report.