scrubbedexpat099

d3 is for non immigrants

ian-mstm

This section clearly states that he is inadmissible. The rest don't apply because he is not seeking a non-immigrant visa.

I understand that you're grasping at straws here... but the law is quite clear on drug offenses. He will never get an immigrant visa.

Ian

Britwife101

Thanks Ian. You're right, I am grasping at straws i'm desperate. I guess I would have thought there could be an appeals process or a case-by-case scenario, but it does seem that can't be it.
Can you advise how long a non-immigrant visa can be valid for?

civilservant

Depends on the visa. A B2 visitors visa is usually 6 months entry at a time. An employment visa such as an H1B or L1 is usually multiple years. It'll be difficult to prove non-immigrant intent however since his wife lives in the US. I doubt he'll get one.

He is not eligible for Visa Waiver travel for a visit - if he has travelled on ESTA, I highly suspect he failed to answer the questions correctly. Anyway when he is refused a visa at the interview that will render any ESTA invalid.

scrubbedexpat099

What does he do?

Britwife101

My husband is a chef.

civilservant

Unless he is a Michelin Star standard chef, he is very very unlikely to get a visa to do anymore than visit the US.

scrubbedexpat099

Buy a restaurant and go for an E2?

civilservant

This is certainly possible if he had lots of cash in the bank. Think $100,000 on the low end.

ian-mstm

I understand. You need to know that when a person is desperate, they tend to make very poor decisions.

Is there a reason you can't return to the UK? I know that it's probably not what you might want, but that would seem to be the obvious solution to you two being together.

Ian

Britwife101

Thanks Ian, i do appreciate your response.
I don't think there are any immediate hurdles to me immigrating to UK, i had done so for nearly 4 years on Tier 2 general visa for my job in Liverpool. I dont know what costs and other requirements there are, but we married in the UK, I have no criminal nor arrest history, and I paid UK taxes for 4 years!
We are going to wait to receive the police certificate to contact a lawyer here in the US for further advise. At the end of the day, we just want to make the most informed decision as possible whatever we decide.
Thank you to everyone for all your tremendous help and advice. We might not like what we're hearing, but if it's the truth and how it has to be, then we need to accept it and move on. Most important thing is we love each other and be together so we can start a life, jobs, a family, buy a house, a mortgage, taxes, kids. We're not bad people, despite our respective pasts, but the law is the law and must be respected.
Cheers again

JPROPS72

Sorry that the news for you circumstances isn't what you would hope but sadly the advice given is true and an attorney can do nothing for you except take your hard earned money.

You said that your husband visited in the US, did he have a B visa for that trip? I'm not sure on the current wording on the ESTA because I know it's changed but be sure to check it and declare his caution if required if he visits the US.

Your best option would be to settle in the UK. Best wishes to you.

Rete

Wondering why you were dredging up a post that is a month old just to reiterate everything previously said.

ian-mstm

That's not the only odd thing... the guy hasn't made a single post for well over a year... and yet this is the one post he deigns worthy of receiving his special attention.

Ian

mikelincs

Ian isn't, but he does know the idiocy of lying to immigration, in any country and in any way, it's just something that will come back and bite you.. extremely hard. Lying on the ESTA form, or any other visa form will get you sanctions, which could range from several months to life bans .