civilservant

Security Clearance are primarily about clearing you against potential bribery. As long as you tell them about it, you can’t be bribed.

wisygreen

I know they are very strict here but from talking with various officials it has become a real problem as it is so difficult to recruit first responders etc. and there is a national shortage of computer people for security government work as so many have convictions on their records.

steph0scope

There’s no way a governments official was joking or being sarcastic regarding a serious drugs conviction that was very recent. Of course he can apply whenever he wants. The government will happily collect $160 from him as often as he is happy to pay it. The denial of a visa does not prevent one from applying again. I would even say 2023 is ambitious for an approval.

For a similar crime here he would have been looking at a significant period of incarceration. The consular Officer looks at it from an American perspective.

steph0scope

So despite being told to wait until at least 2023 you are going to try next year anyway.

karenkaren1

If it was a tiny amount of pot...I would think he would have a very tiny chance of being recommended for a waiver - so soon. The fact it was a controlled substance worse than class C is not good. I would wanna wait a clear 5 years and even that is relatively soon in terms of waivers and convictions. Good luck tho!!

Shark013

oh wow really that’s so surprising considering the the huge war on drugs here is so bad and available literally everywhere, so many people here clearly have not received this sort of punishment, or just don’t care and delt with the punishment. Hopefully this was a hard lesson learned for my son and will not happen again.

karenkaren1

you wouldn't believe!! federal law is a totally different ball game. My husband's attorney is in the process of applying for an immigrant waiver for possession of half a spliff over a quarter of a century ago when he was in his early 20s - he's now 50, (isolated incident, possession under 30g). it beggars belief the hoops he has had to jump thru and it is more annoying that it is legal in so many places here. Apparently in California, historical marijuana convictions are being pardoned! We know all about hard lessons learned and how expensive they can be!! It is what it is....

* just wanted to add - drug convictions are a complete barrier to permanent residency in USA. Currently the only exception is one off possession of marijuana under 30g

Shark013

yes got to keep the faith, we are honest and wanted to apply the right way although numerous times we have been told your so stupid blah blah why didn’t you just lie on your esta, and believe me there are a lot worst people have been convicted for and still got through on esta, shocking really.

Shark013

so frustrating but understand they have rules. They have so many programs ect to help drug offenders drug users but then literally punish someone for ever who has learned from a mistake but then hold that mistake against them for ever. I hope your husband is successful in his next attempt. Thanks for advice.

karenkaren1

thanks. This will be his first time applying for an immigrant waiver. He got his non immigrant waiver (which your son will need) a couple of years ago. It is 2 very different processes. In the eyes of USCIS... convictions and cautions are NEVER spent and will always have to be declared.

neill

Well, the right thing was done in that regard, because if one gets caught lying on their ESTA application about a drug conviction, that's a permanent lifetime bar to US entry.

Pulaski

Your problem is understanding US law. Marijuana is universally illegal in the US, under federal law. It has been "legalized" to varying degrees by many states, but remains illegal at the federal level, and the federal givernment has voluntarily disisted from prosecuting marijuana offences within a state. You can still be prosecuted for interstate trafficking even if the marijuana was "legal" to purchase in the state where you purchased it.

karenkaren1

yes, I understand it. I just meant...that it is frustrating (given the local legalities) even tho they bare no relevance, its an irony. It is what it is - a long costly process. I was just mentioning my husband's situation to the OP in response to their comment re paying longterm for a mistake.

petitefrancaise

I read a few weeks back that moves were afoot to decriminalize marijauna possession at a federal level - since so many states have "legalised" it, this would make sense.

Pulaski

It was a House of Representatives initiative, but was going to go nowhere as it would have unlikely even been voted on by the Senate, so the vote has postponed until after the election. Whether it comes back for a vote in 2021 likely depends on the outcome of the November election.