Marriage and cannabis conviction?
Nov 1st 2008, 5:46 pm
#16
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Joined: Mar 2004
Posts: 2
Re: Marriage and cannabis conviction?
Drugs = bad news for immigration. Drug trafficking making it pretty much impossible.
London is considered easier for a waiver, but first you need to know if it is waiverable. I do not know the answer. I would suggest that this is your first priority.
PS Years ago it used to be easy to get a B2, even if you could use the VWP, things have changed.
PPS The other site has recommended lawyers for waivers, at least check with them whether it is worth a go. A one off consultation will be relatively cheap.
Last edited by scrubbedexpat099; Nov 1st 2008 at 5:53 pm.
Nov 1st 2008, 10:16 pm
#17
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Location: Kentucky
Posts: 38,865
Re: Marriage and cannabis conviction?
If the conviction is for any drug related crime other than one incident of simple possession of less than 30 grams of marijuana, under current law you would be declared inadmissible under 212(a)(2)(A)(i)(II) and as incredibly draconian and unforgiving as it is, there is currently no waiver available for an Immigrant Visa, ever.
Ian
Nov 1st 2008, 11:38 pm
#18
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Joined: Apr 2003
Location: Phoenix, Arizona
Posts: 58,687
Re: Marriage and cannabis conviction?
Sorry, didn't realize someone wouldn't need either a visa or travel on the VWP to go there. I thought it was just an island that one would need a visa to go visit. Evidently I was wrong.
Rene
Nov 2nd 2008, 1:09 am
#19
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Joined: May 2007
Location: London
Posts: 1,248
Re: Marriage and cannabis conviction?
http://en.wikipedia.org/wiki/Antigua
Sorry, didn't realize someone wouldn't need either a visa or travel on the VWP to go there. I thought it was just an island that one would need a visa to go visit. Evidently I was wrong.
Rene
Sorry, didn't realize someone wouldn't need either a visa or travel on the VWP to go there. I thought it was just an island that one would need a visa to go visit. Evidently I was wrong.
Rene
Nov 2nd 2008, 1:51 am
#20
Lost in BE Cyberspace
Joined: Jan 2007
Location: NW Chicago suburbs
Posts: 11,253
Re: Marriage and cannabis conviction?
I believe there is not any waiver possible for drug convictions. So I am very suspicious of the attorney who says there is.
Again, as others have said, if it's the low amount... maybe.....
Doesn't sound very likely to me I'm afraid.
Again, as others have said, if it's the low amount... maybe.....
Doesn't sound very likely to me I'm afraid.
Nov 2nd 2008, 4:05 am
#21
Valley of the Sun
Joined: Sep 2003
Location: Phoenix
Posts: 628
Re: Marriage and cannabis conviction?
If you were convicted of possession under 30 grams it is possible to file and be approved for waiver I-601. Lengthy, extra $ but it can be done
However in my case it was over 20 yrs ago (a plus) and only 2 grams(also a plus) Getting busted the first time? Stupid
Your case sounds different. Start learning all you can. A lot of lawyers only skim the surface and aren't that much help to begin with where waivers are concerned. YOU are the one who will benefit from info so start reading now
However in my case it was over 20 yrs ago (a plus) and only 2 grams(also a plus) Getting busted the first time? Stupid
Your case sounds different. Start learning all you can. A lot of lawyers only skim the surface and aren't that much help to begin with where waivers are concerned. YOU are the one who will benefit from info so start reading now
Nov 2nd 2008, 6:29 am
#22
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Joined: May 2008
Posts: 572
Re: Marriage and cannabis conviction?
In this country, ICE takes a dim view of such activity. If this happened here, you could be charged with growing a Schedule II drug, or simple possession, or possession with intent to distribute a Schedule II drug, or all three. Those who have said in earlier threads that you will have a difficult time are probably correct.
Nov 2nd 2008, 12:01 pm
#23
Sursum corda
Joined: Sep 2002
Location: Richmond Hill, GA USA
Posts: 38,860
Re: Marriage and cannabis conviction?
Nov 2nd 2008, 12:12 pm
#24
Sursum corda
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Location: Richmond Hill, GA USA
Posts: 38,860
Nov 4th 2008, 2:14 pm
#25
Member
Joined: Apr 2001
Posts: 14,049
Re: Marriage and cannabis conviction?
md,
I believe that John Lennon was in a somewhat similar situation, and had a heck of a time immigrating to the USA. Do you have similar celebrity status that could help you overcome the problem?
Regards, JEff
I believe that John Lennon was in a somewhat similar situation, and had a heck of a time immigrating to the USA. Do you have similar celebrity status that could help you overcome the problem?
Regards, JEff
Nov 5th 2008, 12:12 am
#26
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Posts: 16,266
Re: Marriage and cannabis conviction?
Hello Everybody,
I have just discovered this site and this is my first post.
I am a Uk citizen and I am planning on getting married to my American girlfriend next month. We met in march 2008 and she has been over to visit me 3 times in the UK since then and last time I proposed.
She very much wants me to come and live with her in Tennessee, the only problem is I have a cannabis cultivation conviction from June 2004 for which I received a conditional discharge and a £42 fine(I served no time and since then I haven't touched the stuff), and I think this is going to cause me problems getting into the states, even though we will be married from next month.
We have booked tickets to the carribean and will be getting married in Antigua at the beginning of december. Has anybody been in this situation before and does anybody have any advice, as in what order to apply for various visas?
Much appreciated for any advice offered.
I have just discovered this site and this is my first post.
I am a Uk citizen and I am planning on getting married to my American girlfriend next month. We met in march 2008 and she has been over to visit me 3 times in the UK since then and last time I proposed.
She very much wants me to come and live with her in Tennessee, the only problem is I have a cannabis cultivation conviction from June 2004 for which I received a conditional discharge and a £42 fine(I served no time and since then I haven't touched the stuff), and I think this is going to cause me problems getting into the states, even though we will be married from next month.
We have booked tickets to the carribean and will be getting married in Antigua at the beginning of december. Has anybody been in this situation before and does anybody have any advice, as in what order to apply for various visas?
Much appreciated for any advice offered.
Based upon your description of the conviction, I believe you will have to change your plans on where to reside -- Tennessee is in the United States and the US immigration laws prohibit that.
If you had committed a "crime involving moral turpitude" -- something like murder, there would have been a possible waiver.
However, you didn't do a garden variety common law crime -- you committed a drug offense.
That said, you may want to have your conviction documents examined by a lawyer in the UK who knows both UK criminal law and US immigration law -- there is a waiver for possession of less that 30 grams of marijuana. There may a chance that you don't understand precisely what you were convicted of -- and there is a large body of US law on how to determine the nature of a conviction and that body of law is quite complicated.
