B2 visa rejected

Old Oct 6th 2020, 6:05 pm
  #31  
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Default Re: B2 visa rejected

Originally Posted by neill View Post
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.
Security Clearance are primarily about clearing you against potential bribery. As long as you tell them about it, you can’t be bribed.
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Old Oct 6th 2020, 6:14 pm
  #32  
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Default Re: B2 visa rejected

I know they are very strict here but from talking with various officials it has become a real problem as it is so difficult to recruit first responders etc. and there is a national shortage of computer people for security government work as so many have convictions on their records.
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Old Oct 6th 2020, 8:12 pm
  #33  
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Default Re: B2 visa rejected

Originally Posted by Shark013 View Post
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

There’s no way a governments official was joking or being sarcastic regarding a serious drugs conviction that was very recent. Of course he can apply whenever he wants. The government will happily collect $160 from him as often as he is happy to pay it. The denial of a visa does not prevent one from applying again. I would even say 2023 is ambitious for an approval.

For a similar crime here he would have been looking at a significant period of incarceration. The consular Officer looks at it from an American perspective.
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Old Oct 6th 2020, 8:15 pm
  #34  
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Default Re: B2 visa rejected

So despite being told to wait until at least 2023 you are going to try next year anyway.
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Old Oct 6th 2020, 10:22 pm
  #35  
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Default Re: B2 visa rejected

If it was a tiny amount of pot...I would think he would have a very tiny chance of being recommended for a waiver - so soon. The fact it was a controlled substance worse than class C is not good. I would wanna wait a clear 5 years and even that is relatively soon in terms of waivers and convictions. Good luck tho!!
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Old Oct 7th 2020, 1:33 am
  #36  
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Default Re: B2 visa rejected

Originally Posted by steph0scope View Post
There’s no way a governments official was joking or being sarcastic regarding a serious drugs conviction that was very recent. Of course he can apply whenever he wants. The government will happily collect $160 from him as often as he is happy to pay it. The denial of a visa does not prevent one from applying again. I would even say 2023 is ambitious for an approval.

For a similar crime here he would have been looking at a significant period of incarceration. The consular Officer looks at it from an American perspective.
oh wow really that’s so surprising considering the the huge war on drugs here is so bad and available literally everywhere, so many people here clearly have not received this sort of punishment, or just don’t care and delt with the punishment. Hopefully this was a hard lesson learned for my son and will not happen again.
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Old Oct 7th 2020, 1:39 am
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Default Re: B2 visa rejected

Originally Posted by Shark013 View Post
oh wow really that’s so surprising considering the the huge war on drugs here is so bad and available literally everywhere, so many people here clearly have not received this sort of punishment, or just don’t care and delt with the punishment. Hopefully this was a hard lesson learned for my son and will not happen again.
you wouldn't believe!! federal law is a totally different ball game. My husband's attorney is in the process of applying for an immigrant waiver for possession of half a spliff over a quarter of a century ago when he was in his early 20s - he's now 50, (isolated incident, possession under 30g). it beggars belief the hoops he has had to jump thru and it is more annoying that it is legal in so many places here. Apparently in California, historical marijuana convictions are being pardoned! We know all about hard lessons learned and how expensive they can be!! It is what it is....

* just wanted to add - drug convictions are a complete barrier to permanent residency in USA. Currently the only exception is one off possession of marijuana under 30g

Last edited by karenkaren1; Oct 7th 2020 at 1:48 am.
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Old Oct 7th 2020, 1:39 am
  #38  
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Default Re: B2 visa rejected

Originally Posted by steph0scope View Post
So despite being told to wait until at least 2023 you are going to try next year anyway.
yes got to keep the faith, we are honest and wanted to apply the right way although numerous times we have been told your so stupid blah blah why didn’t you just lie on your esta, and believe me there are a lot worst people have been convicted for and still got through on esta, shocking really.
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Old Oct 7th 2020, 2:30 am
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Default Re: B2 visa rejected

Originally Posted by karenkaren1 View Post
you wouldn't believe!! federal law is a totally different ball game. My husband's attorney is in the process of applying for an immigrant waiver for possession of half a spliff over a quarter of a century ago when he was in his early 20s - he's now 50, (isolated incident, possession under 30g). it beggars belief the hoops he has had to jump thru and it is more annoying that it is legal in so many places here. Apparently in California, historical marijuana convictions are being pardoned! We know all about hard lessons learned and how expensive they can be!! It is what it is....

* just wanted to add - drug convictions are a complete barrier to permanent residency in USA. Currently the only exception is one off possession of marijuana under 30g
so frustrating but understand they have rules. They have so many programs ect to help drug offenders drug users but then literally punish someone for ever who has learned from a mistake but then hold that mistake against them for ever. I hope your husband is successful in his next attempt. Thanks for advice.
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Old Oct 7th 2020, 2:33 am
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Default Re: B2 visa rejected

Originally Posted by Shark013 View Post
so frustrating but understand they have rules. They have so many programs ect to help drug offenders drug users but then literally punish someone for ever who has learned from a mistake but then hold that mistake against them for ever. I hope your husband is successful in his next attempt. Thanks for advice.
thanks. This will be his first time applying for an immigrant waiver. He got his non immigrant waiver (which your son will need) a couple of years ago. It is 2 very different processes. In the eyes of USCIS... convictions and cautions are NEVER spent and will always have to be declared.

Last edited by karenkaren1; Oct 7th 2020 at 2:37 am.
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Old Oct 8th 2020, 8:25 pm
  #41  
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Default Re: B2 visa rejected

Originally Posted by Shark013 View Post
yes got to keep the faith, we are honest and wanted to apply the right way although numerous times we have been told your so stupid blah blah why didn’t you just lie on your esta, and believe me there are a lot worst people have been convicted for and still got through on esta, shocking really.
Well, the right thing was done in that regard, because if one gets caught lying on their ESTA application about a drug conviction, that's a permanent lifetime bar to US entry.
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Old Oct 8th 2020, 10:13 pm
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Default Re: B2 visa rejected

Originally Posted by karenkaren1 View Post
.... it beggars belief the hoops he has had to jump thru and it is more annoying that it is legal in so many places here. Apparently in California, historical marijuana convictions are being pardoned! We know all about hard lessons learned and how expensive they can be!! It is what it is ....
Your problem is understanding US law. Marijuana is universally illegal in the US, under federal law. It has been "legalized" to varying degrees by many states, but remains illegal at the federal level, and the federal givernment has voluntarily disisted from prosecuting marijuana offences within a state. You can still be prosecuted for interstate trafficking even if the marijuana was "legal" to purchase in the state where you purchased it.
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Old Oct 9th 2020, 1:15 am
  #43  
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Default Re: B2 visa rejected

Originally Posted by Pulaski View Post
Your problem is understanding US law. Marijuana is universally illegal in the US, under federal law. It has been "legalized" to varying degrees by many states, but remains illegal at the federal level, and the federal givernment has voluntarily disisted from prosecuting marijuana offences within a state. You can still be prosecuted for interstate trafficking even if the marijuana was "legal" to purchase in the state where you purchased it.
yes, I understand it. I just meant...that it is frustrating (given the local legalities) even tho they bare no relevance, its an irony. It is what it is - a long costly process. I was just mentioning my husband's situation to the OP in response to their comment re paying longterm for a mistake.
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Old Oct 9th 2020, 4:04 pm
  #44  
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Default Re: B2 visa rejected

I read a few weeks back that moves were afoot to decriminalize marijauna possession at a federal level - since so many states have "legalised" it, this would make sense.
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Old Oct 9th 2020, 4:12 pm
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Default Re: B2 visa rejected

Originally Posted by petitefrancaise View Post
I read a few weeks back that moves were afoot to decriminalize marijauna possession at a federal level - since so many states have "legalised" it, this would make sense.
It was a House of Representatives initiative, but was going to go nowhere as it would have unlikely even been voted on by the Senate, so the vote has postponed until after the election. Whether it comes back for a vote in 2021 likely depends on the outcome of the November election.

Last edited by Pulaski; Oct 9th 2020 at 4:18 pm.
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