Is immigration possible after a waiver of ineligibility?
#1
Just Joined
Thread Starter
Joined: Jul 2018
Posts: 16
Is immigration possible after a waiver of ineligibility?
Hi all,
new to the site.
my husband had convictions over 16 years ago. We applied for a b2 visa 2 years ago and got refused.
we applied again this March and he has been recommended for the waiver of ineligibility and was told that it is highly likely that he will get it (no guarantee of course). They said 4-6 month wait and we’re coming up To 4 Months. We’re hoping to go for Christmas.
anyway...
i would love love to move to Texas - lots of family there..what are the chances this could ever happen?!
new to the site.
my husband had convictions over 16 years ago. We applied for a b2 visa 2 years ago and got refused.
we applied again this March and he has been recommended for the waiver of ineligibility and was told that it is highly likely that he will get it (no guarantee of course). They said 4-6 month wait and we’re coming up To 4 Months. We’re hoping to go for Christmas.
anyway...
i would love love to move to Texas - lots of family there..what are the chances this could ever happen?!
#2
Re: Is immigration possible after a waiver of ineligibility?
Hi all,
new to the site.
my husband had convictions over 16 years ago. We applied for a b2 visa 2 years ago and got refused.
we applied again this March and he has been recommended for the waiver of ineligibility and was told that it is highly likely that he will get it (no guarantee of course). They said 4-6 month wait and we’re coming up To 4 Months. We’re hoping to go for Christmas.
anyway...
i would love love to move to Texas - lots of family there..what are the chances this could ever happen?!
new to the site.
my husband had convictions over 16 years ago. We applied for a b2 visa 2 years ago and got refused.
we applied again this March and he has been recommended for the waiver of ineligibility and was told that it is highly likely that he will get it (no guarantee of course). They said 4-6 month wait and we’re coming up To 4 Months. We’re hoping to go for Christmas.
anyway...
i would love love to move to Texas - lots of family there..what are the chances this could ever happen?!
#4
Re: Is immigration possible after a waiver of ineligibility?
And what work visa would he be moving on? What does he do?
#5
Just Joined
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Joined: Jul 2018
Posts: 16
Re: Is immigration possible after a waiver of ineligibility?
Apologies. I believe it was trafficking in Japan. He did 4 years there over 16 years ago. I know things are never spent but he has massively turned his life around and whilst I don’t host much hope to be able to
move there it would be good to know if it could ever be possible.
we haven’t even looked into prospective jobs/employers as we don’t know if it could happen. He manages building sites. I would want to open my own company there as I’m a professional cake maker.
not high end careers I know!
move there it would be good to know if it could ever be possible.
we haven’t even looked into prospective jobs/employers as we don’t know if it could happen. He manages building sites. I would want to open my own company there as I’m a professional cake maker.
not high end careers I know!
#6
Re: Is immigration possible after a waiver of ineligibility?
Ah, I was hoping for your sake it was possession of a tiny amount of pot! The forum pros will be able to help you out with his chances, I have a vague recollection that non-immigrant visas (temporary) may be ok, but not immigrant (permanent/green card). I just remember a guy who couldn’t move to be with his US citizen wife because of a drug conviction, although he could go temporarily. But I may be misremembering, other members will know for sure.
Unfortunately I don’t think his chances of getting sponsored would be good even without a drugs conviction, not sure he’d qualify for an employment based visa from what you’ve said. But have a read of this to see if you think any visa would fit - https://britishexpats.com/wiki/Pulaski's_Ways%3A_How_to_Live_and_Work_in_the_USA
If the drug conviction could be overcome, it may be that your business is a better way to a visa, depending on the size of it/number of employees etc.
And cake ladies rock! I run a cake related business too. Not high end I agree but I love it.
Unfortunately I don’t think his chances of getting sponsored would be good even without a drugs conviction, not sure he’d qualify for an employment based visa from what you’ve said. But have a read of this to see if you think any visa would fit - https://britishexpats.com/wiki/Pulaski's_Ways%3A_How_to_Live_and_Work_in_the_USA
If the drug conviction could be overcome, it may be that your business is a better way to a visa, depending on the size of it/number of employees etc.
And cake ladies rock! I run a cake related business too. Not high end I agree but I love it.
#7
Just Joined
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Joined: Jul 2018
Posts: 16
Re: Is immigration possible after a waiver of ineligibility?
Ah thank you and yea cake ladies do haha!
thank you for your advise. We both wish it was something less but what’s done is done. I have so much family there it would be lovely to join them but know it’s probably a pipe dream!
thank you for your advise. We both wish it was something less but what’s done is done. I have so much family there it would be lovely to join them but know it’s probably a pipe dream!
#8
Re: Is immigration possible after a waiver of ineligibility?
Doesn't like there is much hope with the skills that you and your husband have. They are not on the list for an H1B work visa and unless he works for UK company in some type of skilled position for x number years and can qualify for a company transfer even with a possibility of a waiver, you have no way to come to the US other than as tourists.
Drug trafficking is one of the most serious of crimes that can cause denial by the USCIS and/or US Consulates. Really surprised that he was told there was a good chance for a waiver.
Drug trafficking is one of the most serious of crimes that can cause denial by the USCIS and/or US Consulates. Really surprised that he was told there was a good chance for a waiver.
Last edited by Rete; Jul 8th 2018 at 8:12 pm.
#9
Re: Is immigration possible after a waiver of ineligibility?
From an immigration attorney's website re: whether a waiver of inadmissibility if possible:
Drug trafficking record No
Who Can't Get Into The United States? Inadmissibility Laws - AllLaw.com
Drug trafficking record No
Who Can't Get Into The United States? Inadmissibility Laws - AllLaw.com
#10
Just Joined
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Joined: Jul 2018
Posts: 16
Re: Is immigration possible after a waiver of ineligibility?
He was seen by the second in command at the embassy and she said she can’t see that he will have a problem and that she is recommend him for the waiver due to the length of time since and how his life is now.
I didn’t hold much hope in regards to immigration though.
I didn’t hold much hope in regards to immigration though.
#11
Re: Is immigration possible after a waiver of ineligibility?
Rene
#12
Re: Is immigration possible after a waiver of ineligibility?
Rene
#13
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Joined: Sep 2017
Location: Miami
Posts: 462
Re: Is immigration possible after a waiver of ineligibility?
unless he has suffering from extreme hardship US citizen family ....the only exception where you can still immigrate with drug conviction (I know from my own husbands circumstances) is a waiver for a 1 off personal possession of cannabis (over 15 yrs ago and under 30g)
Last edited by karenkaren1; Jul 8th 2018 at 11:07 pm.