Possession of Marijuana Charge - H4 Visa Application

T

thekings08

New Member
I have been living in the US for about 10 years now and am currently 20 years old. I was charged with possession of marijuana under 1 gram in California about 1 year ago and the case was dismissed due to me having a medical marijuana card.

I am currently out of the country and am re-applying for H4 visa extension (I have done this 2-3 times so far), and the consular official asked me for all of the documents relating to this arrest as well as my medical card. The process has been going on for about a month now and I am becoming concerned that it will be enough to deem me inadmissible to the US. I am supposed to receive final word from the embassy this week whether I am inadmissible or not, and I wanted to ask if anyone has information regarding a similar situation and what the laws are regarding this. I have heard that any type of prosecution for drug offenses can be enough reason to get denied entry, but would it apply in this case?

My whole family is currently living in the US and my sister is a US citizen.
 
See www.uscis.gov and read INA 212(a)(2)(i)(I) and the waiver at INA 212(h) and form I-601, I'm not sure if a form I-601 is actually required for this situation. The issue may not relate to the arrest, it may relate to the underlying conditilon that causes you to have a medical marijuana card. It could be a health-related ground or a public charge issue if medical treatment may be an expensive proposition.
 
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Well I don't know what they will decide yet so hopefully I won't need a waiver, but like I said the charge was dismissed and I was never convicted or had to pay any fine.

The medical card is due to anxiety and there aren't any big health costs related to that.
 
If it is dissmissed, it shouldn't be a problem, unless it was with intent to deliver, then they could consider you a drug trafficier.
The one thing you do not want to do is keep it a secret, if asked if you were arrested state yes.

You have one small problem, the Federal government doesn't like medical marjiuana cards, since you have one, they could assume that you will use it in the future and thus violate federal drug laws.
 
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