Travel to the US with marijuana possession on record (less than 30g)

[cucumbersom3 0]

Hi, I know that the topic has been discussed here several times already, but I have not found my case exactly. 

I'm planning to travel to the US in 2025, but already when filling out the ESTA some issues arose. In 2013 I was arrested and received a small fine for possession of marijuana in a very small amount - less than 1g. 

According to what I've seen, despite the obliteration of the conviction in my country, I can't mark 'NO' on the ESTA form when asked about drug-related offenses, because the obliteration doesn't work under US law. So the logical step would be to apply for a tourist visa and explain the conviction at the consulate. 

 

On the other hand, I also read that with this conviction, I actually have an 'inadmissible' status, and before I could get a visa, I would have to file a rather complicated and expensive application to have that status waived (a possibility only thanks to the fact that it was less than 30g). Unfortunately, another problem is that in order to be able to file such an application at all, 15 years must have passed since the verdict, which in my case has not yet happened. This is the information I found here: https://fam.state.gov/fam/09FAM/09FAM030204.html

 

In connection with this, I have a couple of questions and maybe someone who has been in a similar situation will be able to answer:
- in spite of the rules I mentioned above, is there a chance that if I apply for a visa and explain the situation with the consulate, providing a certificate of no criminal record, an extract from my file and documents proving my 'rehabilitation' then the consul will grant me a visa? Is there any margin in this matter, or rules are rules and there is no chance? 
- Does it actually have to take 15 years to apply for the waiver of inadmissible status? 

 

If anyone has any thoughts or advice I would welcome it :) 

 

[Lil bear 4,158]

1 hour ago, cucumbersom3 said:

Hi, I know that the topic has been discussed here several times already, but I have not found my case exactly. 

I'm planning to travel to the US in 2025, but already when filling out the ESTA some issues arose. In 2013 I was arrested and received a small fine for possession of marijuana in a very small amount - less than 1g. 

According to what I've seen, despite the obliteration of the conviction in my country, I can't mark 'NO' on the ESTA form when asked about drug-related offenses, because the obliteration doesn't work under US law. So the logical step would be to apply for a tourist visa and explain the conviction at the consulate. 

 

On the other hand, I also read that with this conviction, I actually have an 'inadmissible' status, and before I could get a visa, I would have to file a rather complicated and expensive application to have that status waived (a possibility only thanks to the fact that it was less than 30g). Unfortunately, another problem is that in order to be able to file such an application at all, 15 years must have passed since the verdict, which in my case has not yet happened. This is the information I found here: https://fam.state.gov/fam/09FAM/09FAM030204.html

 

In connection with this, I have a couple of questions and maybe someone who has been in a similar situation will be able to answer:
- in spite of the rules I mentioned above, is there a chance that if I apply for a visa and explain the situation with the consulate, providing a certificate of no criminal record, an extract from my file and documents proving my 'rehabilitation' then the consul will grant me a visa? Is there any margin in this matter, or rules are rules and there is no chance? 
- Does it actually have to take 15 years to apply for the waiver of inadmissible status? 

 

If anyone has any thoughts or advice I would welcome it

 

How old were you when convicted ? 

Edited yesterday at 10:28 PM by Lil bear

[appleblossom 2,349]

The 15 years bit in the link you've given is for immigrant visas, not non-immigrant visas. As far as I know, there's no such timing rules for a non-immigrant visa waiver. 

[cucumbersom3 0]

7 hours ago, Lil bear said:

How old were you when convicted ? 

Over 18, unfortunately. 

 

7 hours ago, appleblossom said:

The 15 years bit in the link you've given is for immigrant visas, not non-immigrant visas. As far as I know, there's no such timing rules for a non-immigrant visa waiver. 

Oh, I didn't realize that. But the form and procedure remain the same I assume?

[appleblossom 2,349]

6 hours ago, cucumbersom3 said:

Oh, I didn't realize that. But the form and procedure remain the same I assume?

No. You don’t file anything. You apply for your B visa, go to the interview and then if refused you see if the interviewing officer recommends you for a waiver. If so, the consulate sorts it and you just wait for the outcome. 
 

A waiver is currently taking 9-10 months or so after interview so plan accordingly. 
 

Good luck. 

[Boiler 45,360]

D3 is the waiver assuming one is needed and the CO is willing to recommend it.

 

They could also look at this as a medical issue.

 

Is this the UK