Admissions made to any immigration officials, for any elements of a crime will cause serious implications for your U.S. Immigration. An immigration official is either a consular officer, Custom Border and Protection (CBB), at a port of entry, such as an airport, or a USCIS officer,
If you admit to any element of a crime to an immigration official, whether that admission is verbal or written, it may deem you inadmissible to the United States.
If you have never been arrested and/or convicted of a crime, but you admit to the elements of a crime, whether that admission is in writing or verbal, an immigration official can and will deem you to be inadmissible. They will cancel and revoke your visa.
We get many calls from clients who, wishing to enter the United States, typically at the airport, will be asked, for example, if they have ever used marijuana. The person says, yes, I had marijuana in such and such a state, and that state has legalized marijuana. There are over 23 states in the United States that have legalized marijuana. The officer may not even ask they may see something on your phone, as they have the right to search all electronic devices.
The person confidently says, yes, I have had marijuana because it was legal in the state I was in. The officer will deny that person’s entry and cancel or revoke their visa or their ESTA visa waiver. Because, immigration follows Federal law, not state law. Federal law has not legalized the use of marijuana. Federal law trumps State law.
By admitting to using marijuana in a state that permits its use, you are admitting to the elements of a crime, and an immigration official will deem you to be inadmissible.
The only exceptions to admissions causing inadmissibility issues are if, for example, the crime was committed when you were under the age of 18. This juvenile exception applies if what you admitted to was when you were under the age of 18.