Noodler

Hi,

I have got a 01 Visa with a waiver for possession of a cannabis (small amount) and Wilful Misrepresentation as I travelled to the US on Esta several times and didn’t declare the possession.

The possession was from 1994 and I didn’t think I needed to declare it but once I applied for visa I realised I did.

What are my chances of arguing the Wilful Misrepresentation and getting a waiver for the possession in my green card?

Thanks

scrubbedexpat099

Totally different process and details may be very specific, certainly something to discuss with your Lawyer.

karenkaren1

was the erroneous use of Esta discussed with your lawyer prior to you obtaining an 01 visa? I am trying to ascertain what the difference is for arguing the wilful misrepresentation finding if it wasn't wilful now as apposed to prior to your interview

Pulaski

Probably fairly good, but I agree with Boiler, this is definitely something you need experienced legal advice on, and is not a path that you should be walking alone.

Noodler

We discussed it and he said see what happens at the Consulate.

The Consulate said that I would need two waivers. I waited around 20 weeks and got the waivers I needed and am now living in Colorado.

I am about to start the next step of adjusting status to Green card and from what I have read you can only felt wilful misrep waiver if you have a US citizen that would be impacted by you not getting a green card. I don’t have an US relatives so need to show that it wasn’t wilful.

The wiaver for possession I can get under the less than 30g rule.

If I remember you are in a very similar boat. Did you get the non immigrant visa?

karenkaren1

Thats right, and this was (and still is) our concern. The company has only just finished all the exhaustive requirements of setting up the new office in the States... thus only just ready to submit the petition