chippy

Seeing as my GF is yank it seems I could stay there if we ended up getting married. At this stage I’m not even sure if I want to live there. I am more concerned as to whether I can live there at this stage...before I get too excited about Disneyland/world, and constant trips to Denny’s & ihop & Waffle House for yummy breakfast topped with grits (yuk) and biscuits that look like scones (she’s in Ga) & driving a truck bigger than my house.

Here is one of my first potential hurdles: I would of course need to pass health and character test, and not have previous issues with US immigration. Now in 2008 when returning to the US from Vancouver I had a problem with a US customs officer. I won’t go into the whole story of what happened right now, because, trust me; you simply would not believe it. Suffice it to say, that to me, it seems they are looking for, no hoping for, a reason to not let you in.

Anyway, they didn’t let me in. Furthermore they banned from the US. Not good. At the time I though sod ‘em, I ain’t ever going back to their stoopid country, spending my cash on their stuff...that’ll teach ‘em! Until, of course I meet the yank. So I have to apply for the waiver of ineligibility...which, after a very long 5 months (incl meds & police etc) they granted. I now have a B1/B2 visitor visa (I think that’s what it’s called). I can never use the visa waiver though. So using my visa they did eventually, begrudgingly it seemed, let me in at Atlanta airport earlier this year.

So to my point....If, down the track I am applying for some kind of PR visa, is the Vancouver/border incident going to be a problem all over again? Or is the issue resolved given that I have gone through the legitimate process of the waiver of ineligibility, and the fact that they have let me back into the country as a tourist?

Noorah101

The visa you'll be looking to get is called an "Immigrant Visa". Once you use that visa to enter the USA, you'll become a US Permanent Resident (PR) immediately.

What was the reason you were banned from the USA in 2008? Depending on the reason, you may or may not need to go through another waiver process for the Immigrant Visa.

I have asked the Mods of this forum to move your post to either the US Immigration forum (which deals more with the waiver aspect), or the US Marriage-Based forum (which deals with the Immigrant Visa process).

Rene

ian-mstm

Respectfully, that is their job. US immigration law is written specifically to keep non-US citizens out of the US unless you fall into one of several very narrowly-defined exceptions.


It will likely not be an issue... since this time around, you'll be applying for and receiving the proper visa. You will, of course, need to declare the prior incident, but it shouldn't have any long-term negative effect.

Ian

jeffreyhy

I expect that your run-in was with a immigration officer, not a customs officer, although for 8 or 9 years now both immigration and customs officers have been a part of the same service, CBP. In any case you are quite correct - it is the job of immigration officers to determine if there is a reason why a person who wants to enter the USA should not be let in, and if there is to not let them in. It may very well be, yes. It depends on "the whole story", which you declined to share with us. You might be best advised to share that story in a consultation with a US immigration attorney. Regards, JEff

S Folinsky

Rene: Your answer was quite polite. However, I will admit that the phrase of "chip on shoulder" comes to mind.

As to the actual "call" of OP's question -- I will revert to my standard "it depends upon the facts."

chippy

Thank you. Sorry for posting in the wrong place.

chippy

The officer asked me a question..."Have you ever smoked marijuana?" My scrupulously honest answer, "yes, when I was about 19". Officer..."then I'm afraid you cannot enter the US, and your visa rights are henceforth denied." Obviously I had no drugs on me, and had not taken any. But apparently my admission to taking them (at any time) was all he needed to deny my entry.

Marocco

Illegal drug use carries a lifetime ban, at least as far as immigration is concerned. There are waivers for non-immigrant visas.

chippy

So you are saying I have no hope...?

Marocco

I am not a lawyer, but I know that someone who had made a similar admission at the POE managed to get it overturned on the grounds that it violated his Fifth Amendment rights (although in his particular case it didn't do him much good, since he had made another admission during the medical).

In any case, you need a legal consultation, preferably with an experienced attorney who has already dealt with similar cases involving inadmissibility and drug use.

materialcontroller

There are waivers available for immigrant visas, although the process is somewhat different to that of the B1/B2. You will need to look closely at the endorsement on your current waiver to see what it says regarding which section of the INA they used to exclude you. Then you can look it up in the following link to see what (if any) waiver is available for your case:

http://www.state.gov/documents/organization/86933.pdf

Good luck!

Marocco

Not for controlled substance violations (as far as I know, the only exception is for a single conviction of possession of 30 mg of marijuana or less).

materialcontroller

Having looked again at the link I posted, you are 100% correct.

chippy

Correct. That came up in my research when I was in the process of aquiring my waiver. The fact is I have no conviction for anything, let alone drug use.

chippy

Funny I was told that when I needed advice on how to get my existing waiver. I contacted lawyers. They wanted 3 grand. So I done it myself. Mainly form filling and waiting. Was also told the same when I came from UK to Oz. Lawyers wanted 5000 quid (and that was eight years ago!). Again, I done it myself.

I concede that sometimes you just have to have a lawyer, but I do feel that sometimes, people are too quick to say, "get a lawyer". Thanks for your reply though Marocco, and I do realise you said 'consultation', but they give you very limited advice in order to lead you into signing up for their services.