MC_CharteredAccountant

Hi everyone,

Appreciate this topic might have been covered several times over, but wanted to get some advice on my particular circumstances. I have recently been placed on an interco transfer from the UK to the USA. I have a spent conviction for cannabis possession which I received at University house party (7 years ago). I was unfortunate to be in the wrong place, at the wrong time and with the wrong people. The quantity was around 2 grams, and needless to say that I am disappointed that at the time I was pressured into taking the caution, even though the cannabis was not mine - I was told that it would be a simple slap on the wrist and they would release me if I accepted the caution, I was also reassured that there would be no impact on my future employment/travel prospects (total BS).

My questions are as follows:
1) Are you 100% guaranteed to be denied the visa with a previous caution for controlled substances or are the COs capable of exercising their own discretion?
2) Are my chances of getting a visa improved by the fact that my employer is going through the premium, fast-track service?
3) Is there anything that I can do to decrease the odds of my visa application getting denied?
4) If the visa does get denied, and they recommend me for a waiver, does this truly take the 6-7 months as described on the Embassy´s website? Has anyone had any experience in this, honestly hoping that it is shorter particularly since I will be having my interview in August which is off-peak season in terms of students applying for visas to the US.

I am in a tight situation as my employer is looking for me to commence work in September but if my visa is denied this will definitely not be possible. I have been told that the offer is only on the table for this start date due to business needs. My wife and I recently welcomed a new member to the family and I would be heartbroken to have let them down because of an indiscretion in my past.

Any advice would be appreciated, thank you.

AJH90210

When researching my own issues and plans to get a Visa, I did notice some threads on TripAdvisor of people with Cannabis cautions and there attempts to get a Visa.

If I find the threads again I will link them.

It all depends on your age at the time, time passed since, the amount there was and how you've changed and current circumstances.

I honestly feel like you would be fine.

Noodler

materialcontroller

The CO might have some limited discretion under the law, but you should still approach this application with the expectation of being denied and having to need a waiver of ineligibility. The fact that the cannabis wasn't yours is irrelevant as you still admitted guilt by accepting the caution. Seven years is also relatively recent in terms of being able to prove how much you have been rehabilitated and distanced yourself from offending.

The employer paying for premium processing will have no effect whatsoever on your admissibility decision and there isn't really much you can do to improve your chances apart from appearing genuinely remorseful and stressing the points that you have moved on from the incident, are working hard on your professional career, have a family and new responsibilities etc.

If you are denied and recommended for a waiver, the average time taken appears to be about 5 months (based on reports we see from other applicants on this forum). You and your employer both need to be prepared for this eventuality and the possibility that you won't be able to take up the proposed offer on their ideal timeframe. On the other hand, anything could happen at your interview and you might be lucky to have a favourable outcome, so good luck to you.

Rete

Were these visas approved without waivers? Or with waivers? You honestly feel that he will be fine but you are not the CO.

To the OP, I'm sorry your wife and child will be disappointed not going to the US but it doesn't appear that you are even thinking of advising your employer that you have a caution on record for possession and that you are in all likelihood in need of a waiver. Since the job is time oriented, and needs you in the US in September, doesn't look like you are going to make it.

My next question is have you used the VWP to enter the US at any time since your caution. You do know that it was to be disclosed at the time of applying for the ESTA.

karenkaren1

Yes, I have experience with your situation -
-You are currently inadmissible because you have to answer 'yes' to the Esta/visa question relating to violating any law re controlled substance.
-Your visa will 100% be denied pending you waiver. (this is black and white and not at CO disgression, fast tracking of your petition doesn't change this - it just makes you find out sooner and there is nothing you can do to change this), however you will 99.9% get the waiver
-Belfast waivers are taking 3-3.5 months right now (my other half recently got his, also L1, also cannabis violation)

karenkaren1

Jerseygirl

I realise you are new to our forums and therefore, you probably don’t realize that we ask that threads in the immigration forums are kept on topic. Please refrain from making comments such as the above.

materialcontroller

I can think of at least two similar instances over the years on this forum where people with cautions for minor amounts of cannabis have been granted visas without needing a waiver, so it has been known to happen in certain circumstances.

karenkaren1

I struggle to believe that. The CO told my other half (who only had a single possession for a tiny amount from 24 yrs ago), he would love to approve the visa straight away but its not a grey area and no way around the waiver process. I had also extensively researched and read every board and practically every page of the non immigrant waiver thread here and never came across it to happen. I reckon theres more chance of the OP winning the lottery than not needing a waiver of ineligibility.

*unless OP was under 21 at time of caution

shiversaint

I suspect these are historical situations. Cautions issued prior to 2008 were not automatically assumed to be convictions, and that almost certainly explains the occasions where people have obtained visas without a waiver.

Given the OP's caution was delivered in 2011, from the perspective of immigration, the US will deem it equivalent to a conviction for possession of cannabis. As such, I agree with karenkaren1, there is no possibility of being issued a visa. OP will likely be recommended a waiver, and that will take in the region of 4-6 months to be issued. A September start date is basically a non starter so I would make preparations on that basis.

OP, specific answers to your questions:

1) Yes
2) No
3) No
4) Yes

In terms of experience WRT to 4), I have obtained two waivers now, first one took 5 weeks (total fluke) and second one took about 4 months. karenkaren1 has had recent experience too and I think too a bit over 4 or maybe 5 months. It will take that long, and there is absolutely nothing you can do about it. In anticipation of your next question, people who are recommended waivers receive them 95+% of the time. I've not read of a rejection here in 2 years or so, although it has happened in the past. Your specific circumstance will get a waiver with no issues, other than the time.

shiversaint

This is incorrect. The success stories you read about are almost certainly to do with the 2008 ruling of cautions are now equivalent to convictions, or the posts you read were omitting information (although I cannot see that there is anything material that would affect the outcome). The judgement on age at the time, time passed since and amount only affect the decision to recommend a waiver.

SanDiegogirl

I am in a tight situation as my employer is looking for me to commence work in September but if my visa is denied this will definitely not be possible.

Even if everything went swimmingly, getting an L1 visa in a matter of 6 to 8 weeks is pushing it. .......

AJH90210

Ok, you're probably right, I did not study these peoples stories that much as it was a much different situation to my own, tried to find some of these old threads. but as I have been on several websites researching and read through many different threads, I could not find the ones for reference.

Jerseygirl

Please do not post in the Immigration forums unless you can give accurate advise/information. Giving the wrong imm. info can have serious consequences. Thanks.