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

Hi! I wish to...

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)?

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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?

Lawyer's Assistant: What is your official status? Do you have any pending applications or petitions with USCIS?

I haven't finished the application yet (didn't upload the photo)

Lawyer's Assistant: Have you talked to a lawyer yet?

No

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

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 Senmartin
Guillermo Senmartin, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 112,995
Experience: Principal Attorney at Guillermo J. Senmartin, P.A.
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 11 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 11 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.

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Guillermo Senmartin
Guillermo Senmartin, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 112,995
Experience: Principal Attorney at Guillermo J. Senmartin, P.A.
Verified
Guillermo Senmartin and 87 other Immigration Law Specialists are ready to help you
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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