Possible to refuse visa over fine/ticket for marijuana?

[beeldn12 5]

My fiancé and I are in the process of getting our K1 visa. We just received our approval of our petition (NOA2) and are waiting for our application to be sent to the US embassy in London. My fiancé happened to stumble upon a thread here on visa journey from 2019 where an individual was denied their K1 after having a “no live trace” on ACRO and a minor possession of marijuana (one joint) on his subject access report from 2011.

My fiancé lives in Scotland and remembered when he was 17 or 18, he got a ticket for having a single marijuana joint on him. This was about 12 years ago, he was a teenager, and he truly didn’t even remember until seeing this post. 

All that said, we don’t have his ACRO report yet, so we don’t even know what it will say. But we’re both just really anxious - we are definitely planning to consult an immigration lawyer if he does have this on his subject access report. I’m waiting to pay for a lawyer consultation until I have details about the ticket/fine as I’m sure that would affect their advice. In the meantime- has anyone had experience with getting approved with “no live trace” and a marijuana charge on their SAR? Is this an automatic refusal? Does the fact that it was 12 years ago matter?

 

I really appreciate any insight - I know we have to wait to see what the ACRO actually says but given the wait times on those right now, it would be nice to have some peace of mind. 

[Crazy Cat 41,731]

A refusal could result from his disclosure of past drug use during the medical exam.

Edited May 17, 2023 by Crazy Cat

[beeldn12 5]

11 minutes ago, Crazy Cat said:

A refusal could result from his disclosure of past drug use during the medical exam.

Yeah I’ve heard of that possibly happening. I’m not sure the best way to navigate that especially if he has to explain this marijuana fine. He hasn’t used any form of marijuana in many years. 
 

Really frustrating that an incident as a teenager has such a big impact on his entire future.  Especially living in a state with dispensaries on every corner…

[Crazy Cat 41,731]

13 minutes ago, beeldn12 said:

Especially living in a state with dispensaries on every corner…

But it is a violation of federal law.   Good luck.  Let us know how it goes.

Edited May 17, 2023 by Crazy Cat

[beeldn12 5]

13 minutes ago, Crazy Cat said:

But it is a violation of federal law.   Good luck.  Let us know how it goes.

Yup I know. No less frustrating though. Will do. 

[SteveInBostonI130 3,417]

A couple of cases I read resulted in the beneficiary having to undergo drug rehab and observation for 1 year.  I think one was from Chile or Argentina, and the other was from Europe.

 

If he was under 18, and if it was his only infraction, I believe the CMT can be overcome. 

[beeldn12 5]

7 hours ago, SteveInBostonI130 said:

A couple of cases I read resulted in the beneficiary having to undergo drug rehab and observation for 1 year.  I think one was from Chile or Argentina, and the other was from Europe.

 

If he was under 18, and if it was his only infraction, I believe the CMT can be overcome. 

I’m not even sure what he would do at rehab? He hasn’t used cannabis in over a decade. 

 

When you say overcome - are you suggesting that he could still be approved initially or you mean denied then need a a i601 waiver filed and then possibly approved?

[Redro 4,611]

Just now, beeldn12 said:

I’m not even sure what he would do at rehab? He hasn’t used cannabis in over a decade. 

 

When you say overcome - are you suggesting that he could still be approved initially or you mean denied then need a a i601 waiver filed and then possibly approved?

Has your partner had any reason to be drug tested in the last year? Are there any medical records indicating he no longer smokes?

This thread might be useful to you:

 

[beeldn12 5]

4 minutes ago, Redro said:

Has your partner had any reason to be drug tested in the last year? Are there any medical records indicating he no longer smokes?

This thread might be useful to you:

 

Thanks for linking this - its helpful information. He hasn’t been drug tested for any reason, so we don’t have that information. I can check if his medical records indicate it. 

[Dashinka 24,450]

9 minutes ago, beeldn12 said:

I’m not even sure what he would do at rehab? He hasn’t used cannabis in over a decade. 

 

When you say overcome - are you suggesting that he could still be approved initially or you mean denied then need a a i601 waiver filed and then possibly approved?

That is the issue, it is tough to prove a negative.  As @Redro said, if your fiancé had been drug tested recently that may help, otherwise the CO could refuse the visa for a year with drug testing to generate proof your fiancé is not a habitual user.

[Crazy Cat 41,731]

8 hours ago, SteveInBostonI130 said:

A couple of cases I read resulted in the beneficiary having to undergo drug rehab and observation for 1 year.  I think one was from Chile or Argentina, and the other was from Europe.

 

If he was under 18, and if it was his only infraction, I believe the CMT can be overcome. 

I remember London cases being delayed, too.

[SteveInBostonI130 3,417]

54 minutes ago, beeldn12 said:

I’m not even sure what he would do at rehab? He hasn’t used cannabis in over a decade. 

 

When you say overcome - are you suggesting that he could still be approved initially or you mean denied then need a a i601 waiver filed and then possibly approved?

 

It has been a while since my wife's visa medicals, but I believe they ask if the applicant has ever used drugs in the past.  

 

The rehab in this case is routine blood testing and monitoring to verify he has actually stopped using.

 

Here is the EU case that I referred to:

 

 

[Redro 4,611]

10 minutes ago, SteveInBostonI130 said:

 

It has been a while since my wife's visa medicals, but I believe they ask if the applicant has ever used drugs in the past.  

 

The rehab in this case is routine blood testing and monitoring to verify he has actually stopped using.

 

 

 

 

Correct. 

It is part of the medical questionnaire you need to complete.

You can see it here question 6 and the question 10 of this pdf

Found here: https://uk.usembassy.gov/visas/family-immigration/medical-examination/

Edited May 18, 2023 by Redro

[beeldn12 5]

9 minutes ago, SteveInBostonI130 said:

 

It has been a while since my wife's visa medicals, but I believe they ask if the applicant has ever used drugs in the past.  

 

The rehab in this case is routine blood testing and monitoring to verify he has actually stopped using.

 

Here is the EU case that I referred to:

 

 

We were aware of the issue with the medical which appears it could cause a delay. Although I thought I’ve read cases where an admission to very remote MJ use or one time use was acceptable by the physician. 
 

but the larger issue seems to be the marijuana caution (if it appears). Based on what I’m reading there’s really no scenario where we wouldn’t be refused the visa. It’s devastating  

 

I don’t even know whether we should proceed with the interview at this point. He has a lot more flexibility to visit the US than I do the UK. Once he is refused and unable to travel to the US while waiting 2+ years for the possibility of an i601 waiver doesn’t seem feasible for us. 

[carmel34 3,618]

4 hours ago, beeldn12 said:

but the larger issue seems to be the marijuana caution (if it appears).

Whatever he does, it needs to be disclosed, whether it shows up on an ACRO report or not.  Non-disclosure can be viewed as misrepresentation which can cause major problems down the road.  Always be 100% truthful with any stage of US immigration.  We have seen similar cases here on VJ where a minor infraction was not disclosed and later discovered, leading to misrepresentation and delays.  Given the circumstances of your fiancé's case, the marijuana use/possession from many years ago could likely be overcome, but always base decisions on complete honesty.  Good luck!

Edited May 18, 2023 by carmel34