B2 visa rejected

Old Jul 12th 2019, 3:09 pm
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Default B2 visa rejected

Hi need some advise my son b2 visa was rejected 212 related to controlled substances with out being recommended for a waiver, is there anything further or another wavier we can try and apply for ? I’m on e2 visa with registered business in us at present.
thanks for any info
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Old Jul 12th 2019, 3:44 pm
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Default Re: B2 visa rejected

What does his police/criminal record look like? What did he do, how long ago and what was the punishment?

There's nothing else you can apply for at this point and the ConOff's decision is final. If it has been rejected now it's almost certain that the only thing that can resolve the matter is time, probably years rather than months. If you try again in the short term, the next officer will almost certainly defer to the previous one's decision.

Also, why didn't you apply for a derivative E-2 for him? Is he too old? I think you would have stood a better chance with that in the first instance, as the desire to keep a family together is more compelling than tourism, but the cat is out of the bag now.

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Old Jul 12th 2019, 4:21 pm
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Default Re: B2 visa rejected

Hi was arrested sept 2017 attended court June 2018 charged with a b and c procession only fined £600
he was stopped in his car with 2 friends aged 17 as son is 18 and owned car while blame was put on him, no excuses made his to blame too, just a hard lesson learnt ! Since has never been in trouble before or after this has completed college and good job now. Was advised to go for b2 visa and be honest as his 20 now and at 21 would have to reapply for his own visa anyway. He has no desire to to live or work here just simply wants to visit once a year as has U.K. commitments job flat family ect. Officer at his interview
point blank refused him and said try and apply in 2023 but is still doubtful yr crimes are to serious to be recommended for a wavier ? Interview ended with nothing more said. But I have read I may be able to petition for him to come out as have registered business here ? Am I wasting my time basically ? Thanks again
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Old Jul 12th 2019, 4:32 pm
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Default Re: B2 visa rejected

Yeah there's no chance of him getting a visa of any sort for at least a few years - and no, he cannot ever use the VWP.

Possession of a controlled substance, especially class A (which is probably a schedule 1 narcotic, whatever it was. Cocaine?) is a serious offence in the US

Last edited by civilservant; Jul 12th 2019 at 4:56 pm. Reason: Typo
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Old Jul 12th 2019, 4:45 pm
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Default Re: B2 visa rejected

Oh ok so many different situations on here, so if I’m told by attorney here in us they can help apply and do petition for us obviously at a fee they are just taking my money knowing it won’t be successful ? Yes was a mix of c and god knows what else in it. Young and stupid now ruined opportunities 😩
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Old Jul 12th 2019, 4:50 pm
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Default Re: B2 visa rejected

Anyone can 'help apply and do the petition' - for a fee I'll do it for you too, and I'll charge you less than an attorney!

No one, not even an attorney, can guarantee anything. If you wish to pay the money and take the chance, that is your business, but with such a recent and serious drug conviction, my 10 years of seeing cases on BE is telling me that you'd be wasting your money.
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Old Jul 12th 2019, 4:52 pm
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Default Re: B2 visa rejected

Frustrating too when so many responses have said why didn’t you just lie and do an esta 🙄 take a chance everyone gets through, obviously us wanting to be successful here we wanted to be honest through the whole process and not jeopardise our visas
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Old Jul 12th 2019, 4:58 pm
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Default Re: B2 visa rejected

Not sure where you are getting those responses, but ignore them. As I said previously, with a drug conviction, he is not eligible to use the VWP ever again.

The good news is that it is isn't likely to be forever, and he will be able to come and visit you in the future if you remain in the US, the issue just needs to 'age' for some years. He will always need a waiver though, so should never book travel until he has the visa in his passport and in his hand.
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Old Jul 12th 2019, 5:08 pm
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Default Re: B2 visa rejected

Drugs is a big no no, you mentioned about the Company sponsoring him but you also mention he does not want to do so.

I would take the Consulate guidance, no guarantee that there would be an approval.
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Old Jul 12th 2019, 5:22 pm
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Default Re: B2 visa rejected

Thanks for all your advise so as it stands now if I file a I-601 and state his past mistakes and now good nature us being his immediate family all on e2 visa status with successful registered business and home owners it’s still doubtful 😩 but could be a tiny tiny chance 🙏
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Old Jul 12th 2019, 5:28 pm
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Default Re: B2 visa rejected

I don't think you've heard what's been said. The officer told him that he had no chance to get a visa and should not apply again before 2023 as his crimes were 'too serious'.

Thats any visa.

You're wasting your money. Not only was this a serious crime, but it happened, in the eyes of US immigration, yesterday. There's no way he's getting a waiver and the officer told you that.

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Old Jul 12th 2019, 5:31 pm
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Default Re: B2 visa rejected

Originally Posted by Shark013 View Post
Thanks for all your advise so as it stands now if I file a I-601 and state his past mistakes and now good nature us being his immediate family all on e2 visa status with successful registered business and home owners it’s still doubtful 😩 but could be a tiny tiny chance 🙏
You said you are on an E2, where does the I 601 come into this?
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Old Jul 12th 2019, 5:32 pm
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Default Re: B2 visa rejected

Originally Posted by civilservant View Post
I don't think you've heard what's been said. The officer told him that he had no chance to get a visa and should not apply again before 2023 as his crimes were 'too serious'.

Thats any visa.

You're wasting your money. Not only was this a serious crime, but it happened, in the eyes of US immigration, yesterday. There's no way he's getting a waiver and the officer told you that.
An Immigrant Visa could be different but seems there is nobody to petition.
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Old Jul 12th 2019, 5:32 pm
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Default Re: B2 visa rejected

Originally Posted by Boiler View Post
You said you are on an E2, where does the I 601 come into this?
The son is going to need a waiver either way. Not that's he's getting one any time soon.

An Immigrant Visa could be different but seems there is nobody to petition.
Hence why it hasn't come up
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Old Jul 12th 2019, 5:57 pm
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Default Re: B2 visa rejected

I think the 2023 remark was an attempt at sarcasm from him as son asked when I can I apply again, sons letter states can apply as many times as you wish but unlikely at this time will be granted 🤦‍♀️ I’ll keep you posted on the process we take and the out come. Thanks again for all advice! Much appreciated
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