imac6775

Hello,

Story is as follows...14 years ago i received 2 yrs probation for what amounted to a drugs conviction, (supply). Although this was highly regrettable it happened due to the tired old story "wrong crowd", but in my case it was as i went off the rails due to be 18 and told you mum has terminal cancer. this was in a Scottish court of law.

I also had a fine handed down to me in an English judiciary for possession of cannabis, (this was in my car) 5 years later. This was not, in any way drugs that were mine but instead a work colleague who had stubbed out a joint end in my ash tray. I was then given a fine due too previous as "it must have been mine", however i did pass a drugs test and subsequent appeals did not see the light of day due to being unable to afford the costs.

Now move forward 10 yrs since then.

I would love to take my son to Florida for Disney land, universal studios...etc. However i do not know the process or what would be required as i know i will fail ESTA and a B2 will probably be denied as well.

Currently work for a major multinational company that requires that i am security cleared to work on DoD projects, government, hospitals...etc. I have passed each and every level of scrutiny required. Also my character is one that is totally different for what i was when i was told the tragic news some 14 years ago. I also hold strong financial ties as well as the obligatory family ties that would immediately prevent me from think of moving.

So as i intend to make the trip next year i thought i would need to begin the process as soon as possible...so if any one can give advice on the process, hints and tips on application and in the event of failure appeal, i would be greatful.

I understand that after 9/11 the entry to the USA is more robust and stringent but if idiot rock stars, sports stars and business figures can gain entry with convictions greater than mine, (some recent)...then surely i will be able to take my son and wife to Disney?

Thanks for readiing

Ray

Thats the system... if you fail it ..you aint coming to the US ...
But never assume...and the famous have exactly the same rules

meauxna

But *much*more expensive lawyers.

crg

You'll have to apply for a visa and a 212(d)(3)(A) waiver. They will take the time that has passed and any other evidence of rehabilitation into consideration. They'll likely have to seek approval from the department of homeland security because it's a serious controlled substance offense even though it's been more than 10 years. Apply as soon as possible.

Here is some of their internal guidance about processing waiver applications.

http://www.state.gov/documents/organization/87150.pdf

Be aware that the "supply" aspect of the drug conviction may make you inadmissible as a trafficker.

I'm not 100% sure, but there may not be an appeal process for that type of waiver. I know I-601, and I-192 denials for 212(d)(3)(B) waivers can be appealed to the EOIR, but I don't think a denial of a 212(d)(3)(A) waiver can be appealed.

It's been 9 years since you've had a problem with the law and nonimmigrant waivers for trafficking have been granted to some other applicants so it's not impossible. It will be interesting to see if you're approved or not.

Duncan Roberts

And probably not the supply element. To me that sounds like the killer.

Folinskyinla

[QUOTE=imac6775;7698984

I also had a fine handed down to me in an English judiciary for possession of cannabis, (this was in my car) 5 years later. ...

I would love to take my son to Florida for Disney land, universal studios...etc. However i do not know the process or what would be required as i know i will fail ESTA and a B2 will probably be denied as well.

[/QUOTE]

Hi:

I have weeded out all the irrelevant comments and editorializing. Apply for B-2 and seek a 212(d)(3) waiver.

You might get, you might not. Also, I really don't think this is a DIY project. In fact, most immigration lawyers might find it difficult.

But then, if you don't bet, you can't win.

meauxna

The US needs a 'Disney visa'.

crg

They already have a Disney visa! Epcot is loaded with Q visa holders. I believe it was specifically created for Disney.

radion

Where , where is it...tell me.......

meauxna

Killjoy.

Bladerunner

Makes you wonder why people like Boy George and Keith Richards can apparantly stroll in and out at will. Wasn't Amy Winehouse given a visa recently too? If so, there's hope for us all.

christmasoompa

I thought Amy Winehouse was refused a visa? I remember she couldn't perform at the Grammy's because her application was refused, although don't know if she's been granted one subsequently that I'm not aware of.

And Keith Richards hasn't got any drug convictions I don't think, so that explains that. Plus Boy George was also refused a visa, despite living in the US previously.

Folinskyinla

Hi:

The answer is easy:

There is a general waiver available for non-immigrants of all grounds of inadmissibility other than terrorism, security and a few others.

Look up the history of John Lennon's case and you will see what I mean.

dbj1000

Stuart, can I suggest you re-read his post? I think his situation is much more serious than that, but then I'm not a lawyer.
So before the minor possession charge, he was convicted and given probation for supply of drugs. That conviction seems to me to be his biggest issue.

crg

It's not uncommon for someone to get a nonimmigrant waiver for a 212(a)(2)(C) inadmissibility for a trafficking conviction. They can and do issue waivers for that, especially if it a lot of time has passed.