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Nonimmigrant Visa Waiver of Ineligibility Application

Nonimmigrant Visa Waiver of Ineligibility Application

Old Oct 13th 2016, 1:46 am
  #3196  
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

This forum has been immensely helpful so thank you to all who’s posted! Please bear with me or skip my post as it’s a super long one!

Me and my partner were hoping to take our daughter to Disneyworld in January 2018, nothing booked yet but have been planning on taking her for her 10th birthday for years! For some reason I had in my head that going to the US would be like Australia in that any convictions under 12 months would be fine. How very wrong I was! We’d both like to apply for B2 visas and hope to get granted waivers for our ineligibilities. I have filled in my DS-160 and VCU1 forms and printed them out, just waiting for my partner to receive his police certificate back now (sent off for it a little later than mine because he had to get new passport photos). After both our forms are all filled in I’m hoping to book an interview for the 2 of us on the same day in London as we’re travelling from Wales, no worries if we can’t get the same date though.

For anyone interested... I may be ineligible due to CIMT, my offences are listed as CIMT but I suppose it’s up to them whether they believe there was intent there (5 counts of possession of counterfeit items for sale or hire, which I’ve only recently found out that they are 5 separate offences as my DBS for work states one conviction with 5 counts so I naively assumed it was only one offence). Although I was only sentenced just over 4 years ago I’m hoping I can prove I have been rehabilitated, I have a responsible job and I’m on the 2nd year of my nursing degree so I’m fairly hopeful they will grant me a waiver.

My biggest worry is my partner. He is currently still on his suspended sentence (no conditions) which will probably have ended by the time a waiver may be granted but will still be in place at time of interview. Unfortunately his crime is a drug conviction, concerned in the supply of a class B substance (cannabis), he at no point dealt any cannabis and this is confirmed in his status of plea but he was seen as involved in bringing a friend to a supplier and that was enough to charge him with being concerned in supply. He was sentenced in December last year, he lost his job which required a DBS check and also lost his place at University as he was doing his mental health nursing degree along with myself. It might be worth noting that 5 professionals from the University were happy to keep him on the course after meeting with him at a fitness to practice panel, but one person from the health boards who hadn’t met him turned around and said they would not place him in their health boards at this time so the University had no choice to let him go because he wouldn’t have been able to fulfil the placement side of his degree.
For the first time in his adult life he is now out of work but is taking steps to set up his own business. We have a mortgage, savings, a child who is at school and we don’t personally know anyone who lives in the US. He is very remorseful for his actions, especially as they cost him his life long career plans which he’d already worked hard for.

My questions are:

Are his chances almost non-existent in being recommended for a waiver considering how recent the offence is?

Anyone know anybody who has been granted a waiver of ineligibility so soon after a conviction?

Any tips to give him more success with his application?

I suppose we won’t know until we try so we have nothing to lose by applying so soon (apart from a fair few quid!). Although I will be absolutely gutted if we don’t get waivers I think I’ve slightly prepared myself to be turned down this time around!

I apologise if this post isn’t in the correct thread but if either of us are lucky enough to get recommended for a waiver I will keep you all updated on the timescale. Ian and anyone else I’m ready for your brutal honesty! TIA
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Old Oct 13th 2016, 1:51 am
  #3197  
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Drugs will most likely rule any waiver out for him.
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Old Oct 13th 2016, 1:55 am
  #3198  
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Boiler do you mean because of how recent it is? This is for a B2 visa so I assume a waiver is available. TIA
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Old Oct 13th 2016, 1:57 am
  #3199  
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

No, minor possession of MJ seems waiverable usually, this is Cannabis and not possession.
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Old Oct 13th 2016, 2:05 am
  #3200  
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Thanks for your input but I think you're getting confused with immigration waivers, I'm sure there are non-immigration waivers available for almost all crimes including drug offences, my worry is how recent the offence is.
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Old Oct 13th 2016, 2:08 am
  #3201  
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

My concern would be more what the offense was, let us know how it goes.
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Old Oct 13th 2016, 2:13 am
  #3202  
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Ok thanks for your help, i will do
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Old Oct 13th 2016, 2:28 am
  #3203  
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Hi All,
Quick update: It has been 8 months and 3 weeks and I have no waiver yet. The immigration lawyers appointed by my firm say this is probably NOT due to the fact i am simultaneously applying for 2 visas (L1 and spouse). I wrote a letter on 19th Sept and received a response yesterday saying that it is still in process and any timelines are just a guideline.
Meanwhile I am literally losing my mind.
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Old Oct 13th 2016, 3:21 am
  #3204  
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Originally Posted by elvertine
My questions are:

Are his chances almost non-existent in being recommended for a waiver considering how recent the offence is?
Nobody knows for sure, but given the recent nature and severity of his offence, I suspect he is unlikely to be granted a waiver of ineligibility. I'd also add that IMHO as it's only been 4 years since your offending, you will have a difficult time convincing the conoff that you have been truly rehabilitated.

Anyone know anybody who has been granted a waiver of ineligibility so soon after a conviction?
To answer that, try searching this thread and others on the forum. In my experience, I don't recall it happening that often and almost certainly never wherever a drug conviction is concerned.

Any tips to give him more success with his application?
Getting a job would be the first step. He is out of work at the moment and that is definitely going to count against him. In all seriousness, both of you would probably be better off waiting a few more years before applying for visas.

I suppose we won’t know until we try so we have nothing to lose by applying so soon (apart from a fair few quid!).
As long as you know the risks and are OK with potentially losing the money, go right ahead.
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Old Oct 13th 2016, 3:54 am
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Originally Posted by materialcontroller
Nobody knows for sure, but given the recent nature and severity of his offence, I suspect he is unlikely to be granted a waiver of ineligibility. I'd also add that IMHO as it's only been 4 years since your offending, you will have a difficult time convincing the conoff that you have been truly rehabilitated.



To answer that, try searching this thread and others on the forum. In my experience, I don't recall it happening that often and almost certainly never wherever a drug conviction is concerned.



Getting a job would be the first step. He is out of work at the moment and that is definitely going to count against him. In all seriousness, both of you would probably be better off waiting a few more years before applying for visas.



As long as you know the risks and are OK with potentially losing the money, go right ahead.

Thank you materialcontroller, I really appreciate your honest opinion and advice.
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Old Oct 13th 2016, 4:43 am
  #3206  
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Originally Posted by elvertine
... he was seen as involved in bringing a friend to a supplier and that was enough to charge him with being concerned in supply.
Simple possession of cannabis will not likely make him ineligible for a waiver... however the arrest for conspiracy to traffick (which is how the US would likely see it) could make him ineligible for a waiver.


Are his chances almost non-existent in being recommended for a waiver considering how recent the offence is?
Yes.


Anyone know anybody who has been granted a waiver of ineligibility so soon after a conviction?
For some convictions, yes... for a drug conviction, no.


Any tips to give him more success with his application?
Wait at least 5 years before applying, and 8-10 would be even better.


I suppose we won’t know until we try so we have nothing to lose by applying so soon (apart from a fair few quid!).
This is true! It's good that you have a very long lead time before needing the visas... so don't book tickets or make any plans that can't easily be undone and/or money refunded until both visas are in your passports.

Ian
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Old Oct 13th 2016, 4:51 am
  #3207  
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Originally Posted by TheWaitingPlace
Meanwhile I am literally losing my mind.
Really? Literally? I don't think you fully understand the meaning of the word. I can imagine you're annoyed, frustrated, and/or anxious... but to lose your mind over something as earth-shatteringly minor as a waiver is totally illogical. Perhaps this is some sort of life and death situation where a denied waiver will, literally, kill someone!

Ian
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Old Oct 13th 2016, 5:11 am
  #3208  
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Originally Posted by ian-mstm
Simple possession of cannabis will not likely make him ineligible for a waiver... however the arrest for conspiracy to traffick (which is how the US would likely see it) could make him ineligible for a waiver.



Yes.



For some convictions, yes... for a drug conviction, no.



Wait at least 5 years before applying, and 8-10 would be even better.



This is true! It's good that you have a very long lead time before needing the visas... so don't book tickets or make any plans that can't easily be undone and/or money refunded until both visas are in your passports.

Ian
Thank you Ian. It's good to know what we're up against!
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Old Oct 13th 2016, 5:21 am
  #3209  
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Ian - I appreciate you matter-of-fact tone and dry humour but not here. This is not about a trip to Disneyland, this is about me potentially losing my wife, my apartment and my job. Problems for which I have seen a therapist. Drop it
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Old Oct 13th 2016, 7:42 am
  #3210  
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Default Re: Nonimmigrant Visa Waiver of Ineligibility Application

Originally Posted by elvertine
Ok thanks for your help, i will do
Elvertine, it looks like you're clued up on things and asking the right questions but just to let you know my experience. I have a worst crime than your other half. Possession with intent and a charge for actually supplying class B. I also has a charge for possession of class A but my sentence was for the cannabis.

But this was 12 years ago and I only applied last year so 11 years after the sentence and was in Florida last month, my first time in USA since the crime. My sentence was 3 months and this surprised the person who interviewed me a little, and so I guess he realised I wasn't a professional supplier and had just made a mistake. He did say "because of the time since your sentence I am going to recommend you for a waiver" so the time is key, especially if it isn't a minor crime.

I hope it goes well for you
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