Should I assume automatic denial over marijuana possession 15 years ago?

[SusnOwen 160]

I have a friend who had checked no for criminal convictions on his ESTA years ago = He had a stupid bar fight when young, and was arrested.  He was denied with immigration based on the misrepresentation.  That is going to be your biggest issue, in my opinion.  I agree with the lawyer recommendations.

[ajankie5 0]

32 minutes ago, SusnOwen said:

I have a friend who had checked no for criminal convictions on his ESTA years ago = He had a stupid bar fight when young, and was arrested.  He was denied with immigration based on the misrepresentation.  That is going to be your biggest issue, in my opinion.  I agree with the lawyer recommendations.

I think the issues was when he filled out the etsa he read it as “ do you have any convictions”.  He was arrested for possession of 1 gram of  marijuana 15 years ago when he was 17 years old and the court resulted in without conviction and a fine of $100.00. I’m learning though any penalty is an admission of guilt which is a conviction in the us immigration eyes. 

 

so it now shows up on his record

 

[SusnOwen 160]

On 11/23/2021 at 6:32 AM, ajankie5 said:

I think the issues was when he filled out the etsa he read it as “ do you have any convictions”.  He was arrested for possession of 1 gram of  marijuana 15 years ago when he was 17 years old and the court resulted in without conviction and a fine of $100.00. I’m learning though any penalty is an admission of guilt which is a conviction in the us immigration eyes. 

 

so it now shows up on his record

 

Same scenario as my friend, didn't matter, they considered it a material misrepresentation.

[Crazy Cat 41,984]

On 11/23/2021 at 5:32 AM, ajankie5 said:

I’m learning though any penalty is an admission of guilt which is a conviction in the us immigration eyes. 

Actually, any guilty plea is a conviction outside of "immigration eyes", too.  

[millefleur 5,047]

On 11/23/2021 at 5:32 AM, ajankie5 said:

I’m learning though any penalty is an admission of guilt which is a conviction in the us immigration eyes. 

 

so it now shows up on his record

As others mentioned, this is a "you need a lawyer" situation. The misrep will probably be the bigger issue than the conviction itself.

 

I would expect a denial and mentally prepare that you might have to continue living together abroad in the meantime.

[ajankie5 0]

9 hours ago, millefleur said:

As others mentioned, this is a "you need a lawyer" situation. The misrep will probably be the bigger issue than the conviction itself.

 

I would expect a denial and mentally prepare that you might have to continue living together abroad in the meantime.

I have hired a lawyer. We are mentally preparing to live separately as my daughter is due to start school next September and my mother isn't well. I talked to several lawyers and all are more concerned with the ETSA after reading the drug charge. 

[lloy0076 6]

I am not a lawyer but:

• The INA does allow a single "minor offense" of certain types to be "ignored" or "not form a reason for inadmissibility"
  • However, if there are: more than one of those; or
  • They intersect with something else...
  • ...then it's lawyer time.

I would say it's dangerous to try to represent yourself especially if it's possible that anyone might have misrepresented themselves on any visa document or visa-like document process (i.e., ESTA --> it's still under the same law, just very streamlined).

 

I needed a lawyer who basically told me:

• The way law uses the "English Language" is different to what any typical Australian (or US person etc) uses it
• Very subtle differences can trigger very different outcomes
• Consulate Officers ask legal questions (which they themselves can misunderstand or unwittingly misrepresent/say), and you answer in "typical Australian" and BINGO! You've been denied admissability, whereas if you'd said something like "In this part of the INA as decided by [some relevant case], this does not trigger [any inadmissibility] because [of this mountain of evidence probably provided by a lawyer]"...leading to my next point:
• If you have anything that could possibly be "fraud", "moral turpitude", "went to jail/prison for 1+ years", "could have done so", i.e., anything that triggers "inadmissability", get a lawyer to examine the case
  • And then politely but firmly say, "Read the lawyer's analysis" NO MATTER WHAT the officer says to you
  • (Because if YOU confess to it, even if the Consulate Officer got the law wrong, YOU get stuck with the misinterpretation; you can fix this but it is expensive, and not guaranteed to "work")

Unfortunately, said lawyer surmised the my original CO was probably having a bad day or not being nice. The lawyer's words were a little stronger than that.

The thing I learned, though, was under the INA it only needs to be "legal": the INA tries to promote justice and even that elusive thing "truth" but if one has to work with a waiver, or in the presence of something that MIGHT trigger inadmissibility, you need a lawyer to convince the CO and the USCIS that it's LEGAL.

 

Edited November 29, 2021 by lloy0076
[clarify who]

[Help if U can 1]

On 11/22/2021 at 6:12 PM, ra0010 said:

Sorry you're in this tough situation. As someone has pointed out, it's hard to tell what the CO officer will decide. You're at their discretion. I would start building a hardship waiver, and I would not DIY.  Good luck!

Having two children is externally powerful considering the hardship those minors will experience.

drug is serious  more serious is minors well neing. 
the issue is from when he was under age and had stopped? Then go for it, it all meed to be explained which a good lawyer can be beneficial 

believe in God 

[Rocio0010 5,580]

10 minutes ago, Help if U can said:

Having two children is externally powerful

If we are talking about immigration, having kids is not per se powerful. Plenty of genuine couples do not have kids and are in a loving, committed relationship. By the same token, children prove that you're fertile. I'm just putting this out here because many people believe that having children is enough evidence of a relationship. 

Yes, the hardship part might be part of a waiver. But again, they are at the CO's discretion.

[Help if U can 1]

20 minutes ago, ra0010 said:

If we are talking about immigration, having kids is not per se powerful. Plenty of genuine couples do not have kids and are in a loving, committed relationship. By the same token, children prove that you're fertile. I'm just putting this out here because many people believe that having children is enough evidence of a relationship. 

Yes, the hardship part might be part of a waiver. But again, they are at the CO's discretion.

If all you have to show for your relationship is children YES you’re correct. But assuming you have been together and will continue to do so, a true couple with two minors and his offence belongs to  when h was an underage himself. Then I’m sure there are many officers who can see the facts and don’t have a robotic mentality and yes they can approve or disapprove.

one needs to learn the entire scenario, FE: drug use versus drug sale are hugely different.

good luck .

[SalishSea 17,970]

1 hour ago, Help if U can said:

Having two children is externally powerful considering the hardship those minors will experience.

Actually, children are not qualifying relatives when it comes to hardship per the codes.  Only USC spouse/parent are QRs.

[Redro 4,611]

9 hours ago, Help if U can said:

Having two children is externally powerful considering the hardship those minors will experience.

drug is serious  more serious is minors well neing. 
the issue is from when he was under age and had stopped? Then go for it, it all meed to be explained which a good lawyer can be beneficial 

believe in God 

The couple have lived together in Australia for 6 years. The children were probably born in Australia. 

She would need to outline why she and the children need to leave the country, and why it is necessary for them to live the States as opposed to staying in Australia. 

Is Australia really that bad? 

I'm sure a lawyer can put together a compelling waiver. But, I'd be interested to see the reasons. 

 

 

[ajankie5 0]

8 minutes ago, Kor2USA said:

The couple have lived together in Australia for 6 years. The children were probably born in Australia. 

She would need to outline why she and the children need to leave the country, and why it is necessary for them to live the States as opposed to staying in Australia. 

Is Australia really that bad? 

I'm sure a lawyer can put together a compelling waiver. But, I'd be interested to see the reasons. 

 

 

 

8 minutes ago, Kor2USA said:

The couple have lived together in Australia for 6 years. The children were probably born in Australia. 

She would need to outline why she and the children need to leave the country, and why it is necessary for them to live the States as opposed to staying in Australia. 

Is Australia really that bad? 

I'm sure a lawyer can put together a compelling waiver. But, I'd be interested to see the reasons. 

 

 

Both children were born in Australia but received duel citizenship and CRBA within weeks of birth. The reason being Australia was always a temporary living arrangement as it was easier for me to come to Australia and apply for a visa verse going through the fiancé visa into America. I am moving back to America at the end of next year with both my kids. I am in a grad  school program in the states and my moms health has been declining in the last few years as it is. She is my last living parent. Australia isn’t awful but after the last two years being literally trapped not just in the country but the state as well I’m mentally exhausted. Sure Australia has created a bubble from COVID  but I’ve personally had enough of the over  regulations. It’s mind numbing how a country creates a regulation for literally everything. I’m ready to go back to the states and stop being so isolated and far away from the rest of the world. If  Australia sounds like a great place to live for someone else, great. But for me and my family I would rather swim across the ocean than stay here another year. That’s my opinion. I’m entitled to it. And according to THREE separate lawyers, having two children is more than a fertility thing. Whoever said that was just wrong. Also. My husband wasn’t a drug dealer. He was a 17 year old kid who has exactly 1.9g of weed in his pocket sixteen years ago. He didn’t declare it on his ETSA because every police report and record I’ve jumped though hoops for states he didn’t have a conviction and had to pay a mear $150.00 and walk away. In US immigration that is an admission of guilt. But in Australia it’s a slap on the wrist. There isnt a single establishment in Australia that even keeps court records past 12 years. His lawyers back then have no documents, the court have no documents, there are no archived audio files on record to transcript. The only thing we have, is a single sheet with 120words which the police presented the courts when they arrested him. There is no paper trial of the trial itself. I’m not sure the consult will do with that. But that’s all I’ve got at this point. 

[Boiler 45,733]

Have you ever violated any law related to possessing, using, or distributing illegal drugs?

 

This is the question.

 

I still think it is the totality of the situation, not sure the ESTA issue would be a problem by it self.

 

 

[Rocio0010 5,580]

2 minutes ago, Boiler said:

still think it is the totality of the situation, not sure the ESTA issue would be a problem by it self.

It is definitely an issue because it’s considered material misrepresentation.