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So context,

I am high level educated and I get an opportunity for a dream job in USA, preliminary contact are good so I would say I got a 50/50 to get the job if I officially apply.

But I mess things up, I am occasional smoker of illegal product in my country and I get caught by internal french customs (not police) for detention of illegal product (1g if its matter) some month ago. They proposed me two things either a legal matter which implies going to a tribunal or "a friendly resolution" which implies to paid a fine and sign a paper saying that I recognize being caught in possession of illegal product but I will not have a criminal record, but a fine for infraction by the customs, so I take option 2. In France employer can only see criminal record so in a way I am lucky and still able to find a job in my country.

I wonder if even without criminal records this infraction can forbid me the entry to USA for work.

If yes can I do anything? does a specialize lawyer will be able to help me?

  • You are just going to have to take your chances to be honest. No one can say the person who reviews your application will or won't accept you, but most people wouldn't look at you harshly for one offense. – Putvi May 9 at 17:08
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Your immigration visa application would require you to disclose this incident and it would probably result in your visa being denied if disclosed. The U.S. might not find out (the U.S. has a hard enough time keeping track of domestic criminal cases let alone foreign ones) and if you don't disclose it and no one finds out, nothing bad happens. But, if the U.S. learns, you could be prosecuted for fraud in the immigration process and go to jail before being deported.

A lawyer with French customs, U.S. immigration law, and French criminal justice experience is really called for. But, realistically, you'll need to look for the next best thing you can find as that is a rare combination. A French lawyer with experience in international trade and immigration is probably your best bet.

  • The visa application could quite possibly be for a nonimmigrant visa, such as an H-1B, but that would not change the substance of the answer. If the job were with the French (or another) government, or an international organization such as the UN or the world bank (that is, if the application were for an A or G visa), the situation would be rather different, however. Also, even absent a fraud prosecution, there's an immigration ban for misrepresentation that does not expire, so the stakes are very high. – phoog May 9 at 18:00

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