beeldn12

Hi All, this is a pretty specific question but hoping someone might have some insight. My husband and I are going on a trip with friends to Big Bend National Park in Texas. We’re flying into El Paso, TX. I didn’t realize this, but there are several roads we need to cross that have CBP checkpoints on them. Our i485 is in process (status is actively reviewed, completed biometrics). I’m worried we may have trouble if the officer doesn’t fully understand the k1 process? I will plan to bring our i485 receipt & biometrics notice. We didn’t file for EAD or advanced parole so don’t have any documentation other than my receipts for i485. I know he’s totally fine to be in the US but could this be a risky situation? **Just to clarify - not intending to leave the US whatsoever these are CBP checkpoints inside the state of Texas.**

Thanks so much for your response. I appreciate it! Despite it being mentioned several times throughout the years on his medical record we didn’t need a letter. (We did have one just in case but they said they didn’t need to see it when offered). Yeah I’m not sure what criteria they use, but at least I can provide another example for future applicants of not needing a letter. Visa issued today

Yeah unfortunately we've been asking for this letter since June and the office has been giving us the run around ever since. We call daily and they just continue to tell us to call back. We've asked to speak to the practice manager and been refused. We've made countless appointments and the physician just never calls. We've filed a formal complaint with the NHS but doesn't help us solve anything for now. So frustrating.

My fiance is also worried about having a history of depression. No self harm or hospitalizations or anything like that. His GP is horrendous and we've been battling to get an appointment to get this letter but I'm not optimistic. How was your experience without one? Is it just a conversation about how your mental health is currently? Really appreciate any insight.

Long post but wanted to provide an update and what could be an important distinction for Scottish law - which differs from England/Wales. We requested a report of the incident and spoke with the Glasgow police department - “cannabis cautions” do not exist in Scotland. They do exist in England and Wales. At the time of this incident (2010), Scotland only had the option to essentially provide “a verbal warning” or formally charge and arrest someone with possession of cannabis. Now since 2015, they have switched to a system of “recorded police warnings” for an incident similar to this and essentially for any petty crimes. My fiancé did not get this so I have no idea if these show up on an ACRO/SAR. Recorded police warnings are deleted from the Police National Computer after 2 years. Again, they might still trigger no live trace and be on the SAR. Not sure. In our case, my fiancé saw a post about someone caught with a small amount of marijuana and because he couldn’t remember - assumed the ticket he got was a cannabis caution or warning. However - it was not. The officer took the joint and did not record it. The ticket he received was a fixed penalty notice for breach of the peace. (His friend and him were sitting in a car park listening to music at the time perhaps too loudly). We only have the record of the incident from the Scottish police so we’ll see if the penalty shows on the ACRO. It will be something to explain, but much easier I would expect than if he had received a cannabis caution. As for the medical - we will still have that potential barrier, but perhaps less of a barrier than it could have been with a cannabis caution on his record. Hopefully this could be helpful to someone if dealing with any sort of criminal history in the UK - it’s worth considering the laws and record keeping may slightly differ between the countries.

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.

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.

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?

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

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…

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.