# DV Lottery Eligibility Question



## NZ2BK (May 30, 2014)

Any advice on this would be much appreciated.

Recently my wife and I were selected for further processing in the 2015 DV Lottery.

We have a great (low) case number and we tick all the boxes for eligibility...

At least I thought we had until I came across this question in the DS260 visa application..

"Have you ever violated, or engaged in a conspiracy to violate, any law relating to controlled substances?"

As young teenagers, both my (now) wife and I experimented with drugs (more than once), however since the age of 18 we haven't touched anything - For my wife that was 8 years ago, for me 12 years ago.

Neither of us have been arrested or convicted for anything and both have clean records.

To add a bit more context to our situation, both of us have made quite U-turn since our younger rebellious years... spending a large portion of the last 12 years dedicated to working with troubled youth and helping them out of destructive lifestyles. Ironic much?

As an honest person I plan on answering yes to the question, however I am worried this is going to result in us being inadmissible based on ... Section 212(a)(2) of the INA

(2) Criminal and related grounds. -

(A) Conviction of certain crimes.-

(i) In general.-Except as provided in clause (ii), any alien convicted of, or who admits having committed, or who admits committing acts which constitute the essential elements of-

(II) a violation of (or a conspiracy or attempt to violate) any law or regulation of a State, the United States, or a foreign country relating to a controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)), is inadmissible.

If you take the facts it would seem we are inadmissible...

How much discretion do the consular officers have to make decisions based on context?

Anyone with similar experiences and or words of reassurance??


Regards,

Hopeful DV lottery winner.


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## BBCWatcher (Dec 28, 2012)

You have to answer that question and all questions truthfully, but it appears from your description that you're OK. The U.S. State Department's Foreign Affairs Manual (FAM) Volume 9, Section 40.21(b) N2.1, says that juvenile (under age 18) minor drug offenses are not disqualifying. "Minor drug offenses" means those not involving trafficking, importing/exporting, or manufacturing controlled substances. If you smoked marijuana when you were 17, even 10 times, that'd be overlooked according to the FAM.

However, this'd be one occasion when it might be worthwhile to consult with an attorney experienced in U.S. immigration matters.


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## NZ2BK (May 30, 2014)

Thanks that information is really helpful.


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## BBCWatcher (Dec 28, 2012)

Please don't celebrate that possibly/probably bit of good news by lighting up.


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## NZ2BK (May 30, 2014)

ha good call.


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## Helrig50 (Sep 7, 2011)

NZ2BK said:


> (2) Criminal and related grounds. -
> 
> (A) Conviction of certain crimes.-
> 
> ...


That's such a strange question (the DS260 one), especially these days. I think if everyone was really honest, there'd be a lot of denials. Not implying anything, just saying  The CO has a lot of discretion, that's the problem. One person's experience won't necessary match another's, as they size you up pretty good at the interview. The suggestion to see an immigration lawyer is spot on. I think it'll be about $350-$400 for a phone consultation. Well worth it for the peace of mind.

I thought this article was rather fascinating:
Presidents Clinton, Bush & Obama, Your Visas Are Denied! - Nation of Immigrants


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## atomikpinup (Jun 12, 2014)

Helrig50 said:


> That's such a strange question (the DS260 one), especially these days. I think if everyone was really honest, there'd be a lot of denials. Not implying anything, just saying  The CO has a lot of discretion, that's the problem. One person's experience won't necessary match another's, as they size you up pretty good at the interview. The suggestion to see an immigration lawyer is spot on. I think it'll be about $350-$400 for a phone consultation. Well worth it for the peace of mind.


So you're saying the CO can deny your visa even if you committed a non-CIMT?


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## belgarath (Jul 15, 2011)

Co may refuse the visa for any reason : Someone in my queue was denied just for being haughty.


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## Helrig50 (Sep 7, 2011)

belgarath said:


> Co may refuse the visa for any reason : Someone in my queue was denied just for being haughty.


Lol! What an idiot. The last people you get haughty with is anyone in Immigration, Customs, Border Control, etc. You're basically requesting permission to enter their country, so to go around feeling all special and above them is pure stupidity. Good decision on the CO's part.


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