Immigration lawyers

[Malta 2]

Solo a bitter sweet moment....finally got our long awaited interview date so excited but quickly faded when recently found out he has a police record. Its a possession of marijuana from last year...so by the time he goes to his interview in Jamaica it will be 2 years but from what I read its an automatic denial. So bummed and stressed so I'm thinking of getting an attorney for the denial process....thoughts or names of any. Thanks

[SunD 1]

sorry to hear. check with a lawyer so they can inform you as to what your options may be. I hope you get some good news.

[Jawaree 718]

it will show up on his police record, when he see the panel Dr in Jamaica (I suggest he goes to Andrews Mem) if he's in Kingston

he should be honest that he used it at that time they also will run a test & report the findings to the Consulate in a sealed package

he CANNOT open, in the meantime warn him not to smoke no weed or be around it being smoked...the final answer will be from

the CO.......Golden Seal, Merengue and lots of water will not mask the truth., was it a joint or large amounts.? good luck.

ps* Jamaican attys R not allowed to be involved in the us consulate process that's Y petitiners get atty in the USA (if needed) B4 case gets to Jamaica....only rare occasions an atty will be allowed to have minimal say, if its Some entertainer or Politicians who has managed to lose their

visas due to legal wranglings/corruption.

Edited December 5, 2013 by Jawaree

[Malta 2]

it will show up on his police record, when he see the panel Dr in Jamaica (I suggest he goes to Andrews Mem) if he's in Kingston

he should be honest that he used it at that time they also will run a test & report the findings to the Consulate in a sealed package

he CANNOT open, in the meantime warn him not to smoke no weed or be around it being smoked...the final answer will be from

the CO.......Golden Seal, Merengue and lots of water will not mask the truth., was it a joint or large amounts.? good luck.

[Malta 2]

It was not in his possession...it was a small piece of joint on the ground and the cops took him and two others into custody where he sat for 2 hours and then they finger printed him and let him go. His medical is not at that place and he does not smoke at all. He has asthma so he is not around allot of smoke of any type that much. I read he will get an automatic denial.....is this true?

[Malta 2]

It was not in his possession...it was a small piece of joint on the ground and the cops took him and two others into custody where he sat for 2 hours and then they finger printed him and let him go. His medical is not at that place and he does not smoke at all. He has asthma so he is not around allot of smoke of any type that much. I read he will get an automatic denial.....is this true?

[Shiobhan 235]

He is going to have to have a medical

someplace before interview, and his

police record does show an arrest, he

could explain it at the interview

[sus 70]

He needs to find out exactly what his police record says, and I would talk to an attorney in Jamaica about it - did he go to court? If it wasn't his, and he was innocent, then he should have fought it - Simply being arrested for something is not a crime, it's the outcome of that arrest that will determine what occurred - you need more information about exactly what went on, and not just word of mouth from him - an immigration attorney cannot help you now - I would delay the interview and talk to a JA attorney about making sure his police record is clear

[P A U L 14]

marijuana possession (caught for the first time) is a misdemeanor offense in Wisconsin...equivalent to ditching school for a day. though, this is irrelevant to the beneficiary. maybe the CO will consider that marijuana is decriminalized throughout most of the U.S.

jamaica... currently in process to decriminalize, though I assume the beneficiary was cited while it was still illegal. however, possession (first time offense) is a misdemeanor in jamaica as well.

C) Controlled Substance Violations .


Per section 101(f)(3) of the Act and 8 CFR 316.10(b)(2)(iii) , an applicant who has violated any law of the United States, of any state within the United States, or of any foreign country relating to a controlled substance is precluded from establishing good moral character, unless the violation was for a single offense of simple possession of 30 grams or less of marijuana. See Chapter 74.2(g), question 12 parts (A) and (F ) for more details regarding these types of violations.

http://www.uscis.gov...-0-0-22999.html

Edited December 5, 2013 by P A U L

[Juggy 0]

It was not in his possession...it was a small piece of joint on the ground and the cops took him and two others into custody where he sat for 2 hours and then they finger printed him and let him go. His medical is not at that place and he does not smoke at all. He has asthma so he is not around allot of smoke of any type that much. I read he will get an automatic denial.....is this true?

A joint is not major, the are more concerned about trafficking, and based on your post he was not a repeated offender. He was at the wrong place wrong time he should be ok, don't stress it. Honesty is key.

[David & Diana R 1,005]

marijuana possession (caught for the first time) is a misdemeanor offense in Wisconsin...equivalent to ditching school for a day. though, this is irrelevant to the beneficiary. maybe the CO will consider that marijuana is decriminalized throughout most of the U.S.

jamaica... currently in process to decriminalize, though I assume the beneficiary was cited while it was still illegal. however, possession (first time offense) is a misdemeanor in jamaica as well.

Regardless of how many states have "decriminalized" small amounts of marijuana that has nothing to do with it. The Federal Government has not legalized marijuana use or possession of any amount, however miniscule.

So state laws do not apply as it is the Federal Government that decides if you can enter the good 'ol USA.

Good Luck

[SoCalMark 49]

I saw this here before but with a different country. Possession is not an automatic denial however trafficing or selling is. I am getting this second hand from a very long post I read about it about 9 months ago. It doesn't have anything to do with our own laws. I also saw that it's really on the descrecion of the interviewing officer.

[sus 70]

A joint is not major, the are more concerned about trafficking, and based on your post he was not a repeated offender. He was at the wrong place wrong time he should be ok, don't stress it. Honesty is key.

You can only speak to your specific country - In Jamaica, yes, it can be considered a major factor - there are members who have been denied over a criminal charge for possession, even for just a joint.