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Guillermo Senmartin
Guillermo Senmartin, Attorney At Law
Category: US Law
Satisfied Customers: 135954
Experience:  Over 12+ years of experience in various areas of U.S. Law and 15+ years of experience in U.S. Immigration Law..
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I have been arrested for the use of class 8 years ago and

Customer Question

I have been arrested for the use of class b 8 years ago and cannot remember if I received a caution. I am in the process of applying for a working visa in the United States and understand they will ask for an ACRO. If it comes back as positive that I received a caution for drug related use, what are the chances of my visa application being granted?
Submitted: 19 days ago.
Category: US Law
Customer: replied 19 days ago.
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Customer: replied 19 days ago.
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Customer: replied 19 days ago.
Please note that I am on a L1 visa, so my understanding is that the ACRO is not a required document, but there is a lack of clarity on this.
Expert:  Guillermo Senmartin replied 19 days ago.

Hello! My name is***** and I am a licensed attorney with more than 18 years of experience. I am here to assist you with your questions. If I do not respond quickly, I promise I will reply as soon as I can. It may take a little time to research and write your answer, I could be helping other customers, or I could be attending to personal clients as I have my law practice.

Were you charged with simple possession of a drug? What drug and in what amount? Or was it use of a drug? Which drug? Also, what visa are you applying for?

Customer: replied 19 days ago.
Hi Guillermo. Nice to meet you. I can't remember if I got a caution as it was 8 years ago, but if i did it was for simple possession of ketamine (less than 0.5g). I also believe I got a caution for drunk and disorderly in the same year, again 8 years ago. I am transferring jobs with my company so will be on a L1-A visa. I have no criminal records since then and want to know the likelihood of US immigration identifying this (as I understand I don't have to declare an ACRO under L1-A visa application) as if possible I would not like my employer to be made aware of this.
Expert:  Guillermo Senmartin replied 19 days ago.

Ok. Well, if you had to admit guilt, it stands as a conviction for U.S. immigration purposes and while there is no immigrant waiver available for even simple possession of anything other than 30 grams or less of marijuana, there is a non-immigrant waiver available IF they find you to be inadmissible because of that issue. If they do find you inadmissible because of that situation, you would need a 212(d)(3) waiver which has no form; it is just requested verbally at the visa interview.

It can be granted by the immigration officer at the interview or after on their computer (take a look at this link):

https://fam.state.gov/searchapps/viewer?format=html&query=212(d)(3)&links=212,D,3&url=/FAM/09FAM/09FAM030503.html#M305_3_3_A

And this one:

https://fam.state.gov/fam/09FAM/09FAM030504.html

You can find more information here:

http://www.ilw.com/articles/2003,0930-labrie.shtm

What else may I answer for you?

Customer: replied 18 days ago.
Thanks Guillermo that is very helpful information. Will this definitely be flagged as part of the US immigration checks, or if I do not declare it could there be a possibility that they will not search my criminal records and hence grant me the visa? I have requested my police records to verify what information is held but wanted to understand the downside of me not declaring it and whether this is a waste of time as it will always be flagged as part of the US immigration teams background checks.
Expert:  Guillermo Senmartin replied 18 days ago.

Well, let's see, if you purposely lie about it, which is what you are implying, and they find out about it, and most likely they will, you create a permanent bar due to fraud or misrepresentation. Remember, the records that the government can see or have access to, especially staunch allies like the U.S. and UK, aren't always what the public can see or have access too.

What else would you like to know?

Expert:  Guillermo Senmartin replied 17 days ago.

Hello again.  Sometimes, when messages go through cell phone texts, the messages do not come through.  I sincerely ***** ***** that is the case.  Please let me know what U.S. Immigration Law questions do you have for me.  Thank you for your patience and understanding.

What other U.S. Immigration Law questions do you have for me?

Expert:  Guillermo Senmartin replied 16 days ago.

I assume you have no additional questions for me.  Thank you for being a valued customer.  My goal is to provide you with excellent service – but that does NOT mean we finished if you need to continue.  If you feel you have received anything less than quality service or have additional questions, please reply.   I am happy to address 2 or 3 follow-up questions for you.  There is no additional charge for that.  For any different cases in the future, please post a NEW session and remember to use FOR GUILLERMO in the subject line and message box so that no one else grabs the question.  That way, I can become your exclusive immigration consultant.

Customer: replied 13 days ago.
Hi Guillermo. Thanks for your help so far. I received the document from the police in the UK and it confirms a caution for a class C controlled substance 9 and a half years ago. I am applying for a L-1A Blanket (Consular) visa. Based on your comments, I will disclose this in full as I do not want to be barred from the USA. Please correct me if I am wrong but it seems like the options available once submitting the application are:a. non-immigrant waiver available if the US do not find me to be inadmissible based on this caution; or
b. a 212(d)(3) waiver which has no form; it is just requested verbally at the visa interview.In respect of the non-immigrant waiver, do you have any experience on how long this process takes and what documentation I will need to bring with me. I have my ACRO UK criminal records summary but could they ask for anything additional?
Expert:  Guillermo Senmartin replied 13 days ago.

If they do not find you inadmissible, you do not need a waiver. If they do find you inadmissible, then you need a 212(d)(3) non-immigrant waiver. I believe they will only ask for a certified copy of the police report and court disposition.