Go Back   British Expats / Living & Moving Abroad / USA / US Immigration, Citizenship and Visas

Closed Thread
 
Thread Tools
Old Feb 12th 2018, 12:46 pm   #1
Just Joined
 
Joined: Feb 2018
Posts: 14
DiggerDagger is an unknown quantity at this point
Default B2 visa with Simple Caution

Hi

Can anyone put my mind at rest ? Recently booked a trip to the USA with my wife and have been many times as I have never been arrested etc.... 2 months later I got caught in possession of cannabis and received a simple caution for possession of cannabis. My trip is in August and I’m hoping to go For 2 weeks. Did the ETSA form and one question asks have you been arrested regardless of a conviction so I said yes as I don’t wana lie. I was turned down and have to go get. B2 visa from the embassy. I have all my paperwork ready and have filled out the various forms and now have a date set for an Interview. Now my question is this how likely are they to grant me a visa? It was a first offence and a really stupid one, i wasn’t taken to court just given a simple caution. It would seem really bad if they didn’t grant me a visa, I’m no threat to anyone or anything and the offence was a massive one off that has put my marriage in jeopardy . And also will they drug test me ? Any info will be greatly appreciated
DiggerDagger is offline  
Old Feb 12th 2018, 1:09 pm   #2
Lost in BE Cyberspace
 
Joined: Nov 2011
Location: Somewhere between Vancouver & St Johns
Posts: 15,471
Former Lancastrian has a reputation beyond reputeFormer Lancastrian has a reputation beyond reputeFormer Lancastrian has a reputation beyond reputeFormer Lancastrian has a reputation beyond reputeFormer Lancastrian has a reputation beyond reputeFormer Lancastrian has a reputation beyond reputeFormer Lancastrian has a reputation beyond reputeFormer Lancastrian has a reputation beyond reputeFormer Lancastrian has a reputation beyond reputeFormer Lancastrian has a reputation beyond reputeFormer Lancastrian has a reputation beyond repute
Default Re: B2 visa with Simple Caution

Why would it be really bad if they didn't grant you a visa? Entering the USA for you is a privilege not a right. You play by their rules regardless of what you think of them. The interviewing officer will determine to grant or deny the B2 visa.

Now on the other hand based on what you have said Canada would let you in as simple possession if thats what it was ie less than 30 grammes and not cannabis resin is only a summary offence thereby not making you inadmissible even if convicted.
Former Lancastrian is offline  
Old Feb 12th 2018, 1:48 pm   #3
Just Joined
 
Joined: Feb 2018
Posts: 14
DiggerDagger is an unknown quantity at this point
Default Re: B2 visa with Simple Caution

thanks for the reply but you have not answered the message , I’m fully aware an immigration officer will decide if I get a B2 visa...
DiggerDagger is offline  
Old Feb 12th 2018, 1:53 pm   #4
Fred16 
BE Enthusiast
 
Joined: Mar 2011
Posts: 323
Fred16 is a name known to allFred16 is a name known to allFred16 is a name known to allFred16 is a name known to allFred16 is a name known to allFred16 is a name known to allFred16 is a name known to allFred16 is a name known to allFred16 is a name known to allFred16 is a name known to allFred16 is a name known to all
Default Re: B2 visa with Simple Caution

There are likely three outcomes
Denial of visa
Approval of visa
Recommend for a waiver, that is the most likely, but take a minimum of five months to be processed. If they need anything more, they will ask

August could be tight to get the waiver back in time if you have already booked/paid
Fred16 is offline  
Old Feb 12th 2018, 2:12 pm   #5
Just Joined
 
Joined: Feb 2018
Posts: 14
DiggerDagger is an unknown quantity at this point
Default Re: B2 visa with Simple Caution

Hi thanks for the reply, when you say recommend for a waiver what do you mean ? Are you saying they may recommend me for a visa waiver just like the ETSA ?
DiggerDagger is offline  
Old Feb 12th 2018, 2:14 pm   #6
Lost in BE Cyberspace
 
Joined: Nov 2011
Location: Somewhere between Vancouver & St Johns
Posts: 15,471
Former Lancastrian has a reputation beyond reputeFormer Lancastrian has a reputation beyond reputeFormer Lancastrian has a reputation beyond reputeFormer Lancastrian has a reputation beyond reputeFormer Lancastrian has a reputation beyond reputeFormer Lancastrian has a reputation beyond reputeFormer Lancastrian has a reputation beyond reputeFormer Lancastrian has a reputation beyond reputeFormer Lancastrian has a reputation beyond reputeFormer Lancastrian has a reputation beyond reputeFormer Lancastrian has a reputation beyond repute
Default Re: B2 visa with Simple Caution

Quote:
Originally Posted by DiggerDagger View Post
thanks for the reply but you have not answered the message , I’m fully aware an immigration officer will decide if I get a B2 visa...
Because its impossible to answer as each case is decided on its own merits. There are 3 possible outcomes as answered by Fred16.
Former Lancastrian is offline  
Old Feb 12th 2018, 2:16 pm   #7
Lost in BE Cyberspace
 
Joined: Nov 2011
Location: Somewhere between Vancouver & St Johns
Posts: 15,471
Former Lancastrian has a reputation beyond reputeFormer Lancastrian has a reputation beyond reputeFormer Lancastrian has a reputation beyond reputeFormer Lancastrian has a reputation beyond reputeFormer Lancastrian has a reputation beyond reputeFormer Lancastrian has a reputation beyond reputeFormer Lancastrian has a reputation beyond reputeFormer Lancastrian has a reputation beyond reputeFormer Lancastrian has a reputation beyond reputeFormer Lancastrian has a reputation beyond reputeFormer Lancastrian has a reputation beyond repute
Default Re: B2 visa with Simple Caution

Quote:
Originally Posted by DiggerDagger View Post
Hi thanks for the reply, when you say recommend for a waiver what do you mean ? Are you saying they may recommend me for a visa waiver just like the ETSA ?
It means they would allow entry under certain circumstances for a specific time subject to certain conditions being met.
https://help.cbp.gov/app/answers/det...-with-criminal
Former Lancastrian is offline  
Old Feb 12th 2018, 2:49 pm   #8
Just Joined
 
Joined: Feb 2018
Posts: 14
DiggerDagger is an unknown quantity at this point
Default Re: B2 visa with Simple Caution

Would that involve drug tests etc ?
DiggerDagger is offline  
Old Feb 12th 2018, 3:02 pm   #9
212 
Just Joined
 
Joined: Oct 2017
Posts: 13
212 has a reputation beyond repute212 has a reputation beyond repute212 has a reputation beyond repute212 has a reputation beyond repute212 has a reputation beyond repute212 has a reputation beyond repute212 has a reputation beyond repute212 has a reputation beyond repute212 has a reputation beyond repute212 has a reputation beyond repute212 has a reputation beyond repute
Default Re: B2 visa with Simple Caution

For US immgration purposes, a caution is treated as a conviction, as to accept a caution you must admit the offence.
It is never 'spent' either, which isn't relevant here as it is such a recent caution, but will be in future as you will have to declare this every single time that you apply or reapply for a visa.
212 is offline  
Old Feb 12th 2018, 3:17 pm   #10
old age pensioner
Concierge
 
mikelincs's Avatar
 
Joined: May 2006
Location: ex ex-pat, in Seaton
Posts: 21,241
mikelincs has a reputation beyond reputemikelincs has a reputation beyond reputemikelincs has a reputation beyond reputemikelincs has a reputation beyond reputemikelincs has a reputation beyond reputemikelincs has a reputation beyond reputemikelincs has a reputation beyond reputemikelincs has a reputation beyond reputemikelincs has a reputation beyond reputemikelincs has a reputation beyond reputemikelincs has a reputation beyond repute
Default Re: B2 visa with Simple Caution

Quote:
Originally Posted by DiggerDagger View Post
Would that involve drug tests etc ?
It may, but again it may not, it will depend on the person doing the interview as to whether he decides a waiver should be asked for, and just what he/she might also require.
mikelincs is offline  
Old Feb 12th 2018, 3:27 pm   #11
Deep in the woods of CT
Premium Member
 
Nutmegger's Avatar
 
Joined: Feb 2010
Posts: 4,823
Nutmegger has a reputation beyond reputeNutmegger has a reputation beyond reputeNutmegger has a reputation beyond reputeNutmegger has a reputation beyond reputeNutmegger has a reputation beyond reputeNutmegger has a reputation beyond reputeNutmegger has a reputation beyond reputeNutmegger has a reputation beyond reputeNutmegger has a reputation beyond reputeNutmegger has a reputation beyond reputeNutmegger has a reputation beyond repute
Default Re: B2 visa with Simple Caution

Quote:
Originally Posted by DiggerDagger View Post
Hi thanks for the reply, when you say recommend for a waiver what do you mean ? Are you saying they may recommend me for a visa waiver just like the ETSA ?

You might want to read this thread for further information:

Nonimmigrant Visa Waiver of Ineligibility Application
__________________
Que sera, sera!
Nutmegger is offline  
Old Feb 12th 2018, 4:34 pm   #12
Just Joined
 
Joined: Feb 2018
Posts: 14
DiggerDagger is an unknown quantity at this point
Default Re: B2 visa with Simple Caution

Thank you for all your replies it’s much appreciated , it seems to me that no one knows the actual answer it’s all down to how the interview goes with the CO..... I’m gona go into the interview with a positive attitude, dressed correctly , turn up on time with all correct paperwork and see what happens. Fingers crossed for a positive outcome will keep you updated
DiggerDagger is offline  
Old Feb 13th 2018, 12:34 pm   #13
Often not so civil...
 
civilservant's Avatar
 
Joined: Apr 2010
Location: The Boonies, GA
Posts: 5,313
civilservant has a reputation beyond reputecivilservant has a reputation beyond reputecivilservant has a reputation beyond reputecivilservant has a reputation beyond reputecivilservant has a reputation beyond reputecivilservant has a reputation beyond reputecivilservant has a reputation beyond reputecivilservant has a reputation beyond reputecivilservant has a reputation beyond reputecivilservant has a reputation beyond reputecivilservant has a reputation beyond repute
Default Re: B2 visa with Simple Caution

You don't state the timescales clearly, so it's a little difficult to draw a conclusion - for the purposes of advice I'm going to assume this occurred in the last year since people don't usually book vacations multiple years out.

Frankly I think your chances of going on this vacation are pretty close to 0. It was a recent offense involving drugs (and the US is very draconian on drug charges) and you did admit the charge my accepting the caution.

Might you be recommended for a waiver? Yes you might, but it seems pretty unlikely that that waiver will be granted in time bearing in mind we are halfway through February now. That said, you have nothing to lose by going to the interview.

Let this be a lesson learned - do not book a trip until you have a visa or other travel document in hand!
civilservant is offline  
Old Feb 13th 2018, 12:41 pm   #14
Just Joined
 
Joined: Feb 2018
Posts: 14
DiggerDagger is an unknown quantity at this point
Default Re: B2 visa with Simple Caution

Thanks for the reply, whilst everyone on this thread has said I virtually stand no chance others seem to think different, no one has definistive answers , I shall hope and pray, my holiday is end of August and my interview is end of March
DiggerDagger is offline  
Old Feb 13th 2018, 12:45 pm   #15
Often not so civil...
 
civilservant's Avatar
 
Joined: Apr 2010
Location: The Boonies, GA
Posts: 5,313
civilservant has a reputation beyond reputecivilservant has a reputation beyond reputecivilservant has a reputation beyond reputecivilservant has a reputation beyond reputecivilservant has a reputation beyond reputecivilservant has a reputation beyond reputecivilservant has a reputation beyond reputecivilservant has a reputation beyond reputecivilservant has a reputation beyond reputecivilservant has a reputation beyond reputecivilservant has a reputation beyond repute
Default Re: B2 visa with Simple Caution

So only 5 months between interview and departure? Very very unlikely.

Please do let us know what happens though.
civilservant is offline  
Closed Thread

Go Back   British Expats / Living & Moving Abroad / USA / US Immigration, Citizenship and Visas


Thread Tools

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off



All times are GMT. The time now is 5:56 am.


We are a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for us to earn fees by linking to Amazon.com and affiliated sites.
Powered by vBulletin: ©2000 - 2018, Jelsoft Enterprises Ltd.
© 1999-2010 BritishExpats.com