B2 visa with Simple Caution
 

Hi

Can anyone put my mind at rest ? Recently booked a trip to the USA with my wife and have been many times as I have never been arrested etc.... 2 months later I got caught in possession of cannabis and received a simple caution for possession of cannabis. My trip is in August and I’m hoping to go For 2 weeks. Did the ETSA form and one question asks have you been arrested regardless of a conviction so I said yes as I don’t wana lie. I was turned down and have to go get. B2 visa from the embassy. I have all my paperwork ready and have filled out the various forms and now have a date set for an Interview. Now my question is this how likely are they to grant me a visa? It was a first offence and a really stupid one, i wasn’t taken to court just given a simple caution. It would seem really bad if they didn’t grant me a visa, I’m no threat to anyone or anything and the offence was a massive one off that has put my marriage in jeopardy . And also will they drug test me ? Any info will be greatly appreciated

Re: B2 visa with Simple Caution
 

Why would it be really bad if they didn't grant you a visa? Entering the USA for you is a privilege not a right. You play by their rules regardless of what you think of them. The interviewing officer will determine to grant or deny the B2 visa.

Now on the other hand based on what you have said Canada would let you in as simple possession if thats what it was ie less than 30 grammes and not cannabis resin is only a summary offence thereby not making you inadmissible even if convicted.

Re: B2 visa with Simple Caution
 

thanks for the reply but you have not answered the message , I’m fully aware an immigration officer will decide if I get a B2 visa...

Re: B2 visa with Simple Caution
 

There are likely three outcomes
Denial of visa
Approval of visa
Recommend for a waiver, that is the most likely, but take a minimum of five months to be processed. If they need anything more, they will ask

August could be tight to get the waiver back in time if you have already booked/paid

Re: B2 visa with Simple Caution
 

Hi thanks for the reply, when you say recommend for a waiver what do you mean ? Are you saying they may recommend me for a visa waiver just like the ETSA ?

Re: B2 visa with Simple Caution
 

Because its impossible to answer as each case is decided on its own merits. There are 3 possible outcomes as answered by Fred16.

Re: B2 visa with Simple Caution
 

It means they would allow entry under certain circumstances for a specific time subject to certain conditions being met.
https://help.cbp.gov/app/answers/det...-with-criminal

Re: B2 visa with Simple Caution
 

Would that involve drug tests etc ?

Re: B2 visa with Simple Caution
 

For US immgration purposes, a caution is treated as a conviction, as to accept a caution you must admit the offence.
It is never 'spent' either, which isn't relevant here as it is such a recent caution, but will be in future as you will have to declare this every single time that you apply or reapply for a visa.

Re: B2 visa with Simple Caution
 

It may, but again it may not, it will depend on the person doing the interview as to whether he decides a waiver should be asked for, and just what he/she might also require.

Re: B2 visa with Simple Caution
 

You might want to read this thread for further information:

http://britishexpats.com/forum/us-im...cation-713051/

Re: B2 visa with Simple Caution
 

Thank you for all your replies it’s much appreciated , it seems to me that no one knows the actual answer it’s all down to how the interview goes with the CO..... I’m gona go into the interview with a positive attitude, dressed correctly , turn up on time with all correct paperwork and see what happens. Fingers crossed for a positive outcome will keep you updated

Re: B2 visa with Simple Caution
 

You don't state the timescales clearly, so it's a little difficult to draw a conclusion - for the purposes of advice I'm going to assume this occurred in the last year since people don't usually book vacations multiple years out.

Frankly I think your chances of going on this vacation are pretty close to 0. It was a recent offense involving drugs (and the US is very draconian on drug charges) and you did admit the charge my accepting the caution.

Might you be recommended for a waiver? Yes you might, but it seems pretty unlikely that that waiver will be granted in time bearing in mind we are halfway through February now. That said, you have nothing to lose by going to the interview.

Let this be a lesson learned - do not book a trip until you have a visa or other travel document in hand!

Re: B2 visa with Simple Caution
 

Thanks for the reply, whilst everyone on this thread has said I virtually stand no chance others seem to think different, no one has definistive answers , I shall hope and pray, my holiday is end of August and my interview is end of March

Re: B2 visa with Simple Caution
 

So only 5 months between interview and departure? Very very unlikely.

Please do let us know what happens though.