civilservant

I can assure you it wasn't a joke, That conviction needs to age to at least 5 years, which fits with 'don't apply before 2023'. There's no way he's going to get approved for a waiver with a Class A conviction that is only 2 years old.

Yes, keep us updated, but be expecting a denial.

scrubbedexpat099

I am not sure that is was sarcasm, wait 5 years seems logical.

Not sure what you mean by process as the only one that matches is the B2. It is certainly true that he can apply as often as he wishes, no law to restrict that.

Shark013

wisygreen

My daughter is in a similar situation, but also totally different. We were on E2, she was with us from the age of 9. When she was 20 she was given a misdemeanor for possession of drug paraphernalia in the US. This invalidated the E2 and she ended up in England very abruptly. Whilst on E2 I regularly petitioned our local Congressman about the irregularities of the visa and got to know his staff quite well. Apparently your Congressman can write a letter of recommendation for the interview. I guess it only says you are an upstanding constituent but it may help. My daughter has shown no interest in visiting the US so I do not know if it would help however on a previous occasion he was helpful with an immigration donkey on my husband which meant he could not get back to the country after having a successful visa renewal in Mexico.

scrubbedexpat099

Well she had a number of issues and for clarity was refused admission on her non immigrant visa.

Not sure what you mean by irregularities but probably not relevant.

OP is not applying, and the person who lives is not in the US so by definition not a constituent, plus of course a form letter from a staffer has about as much worth as the paper it is written on.

wisygreen

Sorry for the confusion. Yes, she has a number of issues regarding immigration to US but essentially she would have to apply for a visa and hope for a waiver if she wanted to visit. The congressmans office have offered to send a letter of support for US and OUR wish to have her visit. It is a specific letter that is written directly to the interviewer once the interview date has been set. I do not know if these things have a value but, from one mother to another, anything is worth a try. As my daughter has no wish to visit America in the foreseeable future I guess we will not find out. Maybe Shark will and could let us know of any outcome.

Shark013

scrubbedexpat099

Begs the question why there would be any doubt that you wish her to to visit?

And why it would matter either way. From recollection the application requires you to list immediate relatives in the US.

Shark013

Hi all
so we are going to reapply for the b1 b2 visa next year once app are available for this visa, which would make it 2 years since first denial and 3 and a half years since offence is it worth another try ? My son has no further charges since his first offence. A lawyer has said they can better his chance of success (being represented) but from what they will be doing is the same as us re applying again but at a cost would use recommend using the lawyer Or are we just wasting our money ? Thank you

S Folinsky

When it comes to waivers, the “maven” in the immigration bar is Laurel Scott. She is no non-sense and is quite good. Yes, she charges a consultation fee, but it will be a realistic evaluation.

When I was in practice I did some waivers and they were a lot of work. My “batting average” was about .600 assuming I even took the case.

For what it’s worth, the lead published case is Matter of Hranka. I found Hranka to be somewhat misleading for suggesting embarrassment and desire to see the Detroit Tigers play is “hardship.” But I’m sure the story was well presented. Note that Hranka lost before she won.

SanDiegogirl

Don't see how anyone could give you a definitive yes or no to answer your question as to whether it is a waste of money.
Surely the lawyer only gets involved if you get denied the application and they, then, have to fight for a waiver for you?

I think you should be prepared to lose any money .......

wisygreen

My daughter finally decided to try for b2 (see my post above). She applied herself in February and had an appointment booked in March, a couple of days after the embassy closed, so of course it was cancelled. She is now waiting for appointments to open back up. Her offence was in 2012 and this is her only application. She has her own flat and a good job with security clearance (I am sure that does not make a difference but worth mentioning that her life has not been impacted in UK). I have no advice but will let you know the outcome.

neill

Interesting that she got a security clearance in spite of the U.S. misdemeanor. That would definitely not be the case in North America. You can't even get a Global Entry or NEXUS card for travel with a misdemeanor.

Shark013

Thanks for replying, do you mind saying what your daughters offence is? If not I understand.

Shark013

hi yes my son was already denied b1 b2 visa so we are going to try again next year when app are available but I’m not sure what ore a lawyer can say on the application that we can’t say our self, I’m willing to pay out if the lawyer has a different route to take but from my research we will just be reapplying for b1 b2 again and hoping for the best or for officer to put him forward for a waiver. Thanks for your time