Immigration Law

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I wish to apply for tourist visa and in the DS-160 form I

Hi! I wish to apply...
Hi! I wish to apply for tourist visa and in the DS-160 form I got to 2 questions I do not know how to answer (what to do)?
JA: We have our lovely Black Belt Customer Support team available to help you 24/7.
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Customer: The questions are Have you ever been arrested or convicted for any offense or crime, even though subject of a pardon, amnesty, or other similar action?
JA: What is your official status? Do you have any pending applications or petitions with USCIS?
Customer: I haven't finished the application yet (didn't upload the photo)
JA: Have you talked to a lawyer yet?
Customer: no
JA: Anything else you want the lawyer to know before I connect you?
Customer: the problem I have is that I had a charge for using marijuana and my sentence was 6 month talk with a psychologist, no fines or prison time, so I don't know if I should put no for those questions or Yes this happened 3-4 years ago
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Answered in 1 minute by:
7/6/2017
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 110,225
Experience: 10+ years of experience in various aspects of U.S. Immigration Law.
Verified

Hello! My name is***** and I am a licensed attorney with more than 15 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help. Also, please do NOT click on the Opt Out button because if you do, it would prevent me from communicating with you and then it could take a long time before another expert responds to you.

I will respond to your first question, but so I can do both at the same time, what is the second question?

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Customer reply replied 5 months ago
Hello! The second question is the follow-up question in the visa application:Have you ever violated, or engaged in a conspiracy to violate, any law relating to controlled substances?
Customer reply replied 5 months ago
If I answer no to both questions, is there a check up from the embassy to confirm my answers? As far as I know my offence shouldn't be visible when I apply for jobs, visas, etc., since 3+ years passed

Well, the answer to both questions is yes because even though you might have avoided a conviction, you were still arrested and charged. If you answer no and they discover that you were arrested for a controlled substance violation, then you create a permanent bar for fraud or misrepresentation. If you answer yes and you show that you avoided a conviction and that you have had 3+ years with no issues with substance abuse, you can still get the visa approved as long as you can prove those things. Even if you aren't able to, there is still a 212(d)(3) waiver which has no form, it is just requested verbally at the visa interview and it can either be granted by the immigration officer at the interview or after just 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

So answering no to both those questions can get you a permanent bar. Maybe you could answer no to the second question since you were not convicted, but you could not answer no to the first because you were arrested and charged.

My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions and there is no additional charge. Also, should you need to chat on the phone, private email or need help reviewing documentation, I am happy to do so for a small additional cost. Let me know if you are interested in these – I am happy to give you more details! If you have no further questions (at this time) please leave a positive rating for my service. I would sincerely ***** ***** You can do that by clicking on the 3rd, 4th or 5th stars or smiley faces if you see them. If you do not see any stars or smiley faces, you may have to scroll up to the top of the page or click on my name and they should come out. Also, your session does NOT close when leaving a positive rating, so you can continue to ask additional questions without additional charge. Thank you for your understanding.

Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 110,225
Experience: 10+ years of experience in various aspects of U.S. Immigration Law.
Verified
Guillermo J. Senmartin, Esq. and 87 other Immigration Law Specialists are ready to help you
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Thank you for the positive rating. If you would like to request me in the future for a different topic, please remember to put FOR GUILLERMO in the subject line and message box. Good luck to you!

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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 110,225
110,225 Satisfied Customers
Experience: 10+ years of experience in various aspects of U.S. Immigration Law.

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