Can You Get a U.S. Visa if You Have a Conviction for or Admit to a Drug Offense?

If you were convicted of or admit to committing a drug offense, this subjects you to a permanent bar from the United States.  This means you will not be eligible to receive a U.S. visa or admission to the U.S. on crime-related and perhaps health-related grounds. There are, however, exceptions to the rule.   

That said, is Prince Harry’s U.S. visa subject to revocation due to his public admission to illicit drug use? He does this in his memoir book Spare and in several media interviews. While this might be no big deal for the Duke of Sussex, such public admissions would typically carry high U.S. immigration risks.

In episode 14 of The Legal Immigrant, you will learn 4 tips to consider in dealing with the U.S. immigration consequences of a controlled substance violation.

0:00 Introduction
1:01 Heritage Foundation sues DHS to obtain copy of Prince Harry, Duke of Sussex's U.S. immigration records
2:22 Possible visa options for Prince Harry, Duke of Sussex
4:40 Tip #1 - Verify whether this is a conviction for or admission to committing the essential elements of a specific drug offense
4:56 Definition of a "conviction" for a drug offense under U.S. immigration law
6:09 Definition of an "admission" to a drug offense under U.S. immigration law
8:47 Definition of a "controlled substance" under U.S. federal law
11:18 Lying about a material fact on a visa application may lead to a finding of fraud or willful misrepresentation to obtain U.S. immigration benefits, which is a permanent bar under INA 212(a)(6)(C)(i)
11:53 Tip #2 - Consider the applicant's age at the time of the drug offense 
13:13 Tip #3 - Be aware of the separate, health-related inadmissibility bar related to drug use, under INA 212(a)(1)(A)(iv)
14:04 Tip #4 - Confirm eligibility for a waiver if you are found inadmissible due to a controlled substance violation or due to your being identified as a drug abuser or addict
14:37 Section 212(d)(3) nonimmigrant waiver for nonimmigrants who are found inadmissible due to drug offenses or due to being identified as a current drug abuser or addict
14:50 Factors considered in 212(d)(3) nonimmigrant waiver requests
15:27 Section 212(h) of the INA provides a waiver for immigrants who are found inadmissible for drug offenses in only one situation: that is, a single conviction or legal admission to committing one controlled substance offense that involves possession of marijuana, 30 grams or less
16:03 Eligibility requirements in Form I-601/INA 212(h) immigrant waiver requests
16:48 No immigrant waiver if you are if you are identified as a current drug abuser or addict and found inadmissible on health-related grounds under INA 212(a)(1)(A)(iv). You may, however, overcome this inadmissibility if the drug abuse or addiction is found to be in remission. 

This content provides general information and is for educational purposes only. Do not consider it as legal advice for any individual case or situation. U.S. immigration laws, regulations and policies are subject to change. The sharing or receipt of this information does not create an attorney-client relationship.

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