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-   -   Obtaining a US Visa with a Drug Offence (https://britishexpats.com/forum/us-immigration-citizenship-visas-34/obtaining-us-visa-drug-offence-850358/)

Barnes2015 Jan 9th 2015 12:55 am

Obtaining a US Visa with a Drug Offence
 
Hi there,
Sorry to butt in on this thread, but I have a similar(ish) situation.

I had booked flights to visit the states in April, and had a valid ESTA.
However I was very foolish and was caught with some MDMA a few days ago. I was given a caution as I had no history.

I know that I now have to apply for a visa (as I'd have to declare the caution as an admission when I arrived with the ESTA)

I assume that chancing it on the ESTA, as I know some people do, would probably return to haunt me should I apply for a visa in the future?

Does anyone know if I would certainly need a waiver of inadmissability? If so, is there any likelihood of getting it in three months? It seems my chances are slim to say the least, but maybe someone has some magic advice out there?

Thank you in advance,

Pulaski Jan 9th 2015 1:22 am

Re: Another B2/waiver thread
 

Originally Posted by Barnes2015 (Post 11526901)
Hi there,
Sorry to butt in on this thread, but I have a similar(ish) situation.

I had booked flights to visit the states in April, and had a valid ESTA.
However I was very foolish and was caught with some MDMA a few days ago. I was given a caution as I had no history.

I know that I now have to apply for a visa (as I'd have to declare the caution as an admission when I arrived with the ESTA)

I assume that chancing it on the ESTA, as I know some people do, would probably return to haunt me should I apply for a visa in the future?

Does anyone know if I would certainly need a waiver of inadmissability? If so, is there any likelihood of getting it in three months? It seems my chances are slim to say the least, but maybe someone has some magic advice out there?

Thank you in advance,

(i) You are not going to get advice supporting doing/ chancing something illegal here.
(ii) Matters related to drugs invariably lead to at least a need for a waiver. The rest are outright rejections.
(iii) Waivers are currently taking six months to process after the application has been processed and the interview taken place. There is zero chance that you can apply for a visa with a drug issue complication and get it issued in three months.

Jerseygirl Jan 9th 2015 3:20 am

Re: Obtaining a US Visa with a Drug Offence
 

Originally Posted by Barnes2015 (Post 11526893)
Hi there,
Sorry to butt in on this thread, but I have a similar(ish) situation.

I had booked flights to visit the states in April, and had a valid ESTA.
However I was very foolish and was caught with some MDMA a few days ago. I was given a caution as I had no history.

I know that I now have to apply for a visa (as I'd have to declare the caution as an admission when I arrived with the ESTA)

I assume that chancing it on the ESTA, as I know some people do, would probably return to haunt me should I apply for a visa in the future?

Does anyone know if I would certainly need a waiver of inadmissability? If so, is there any likelihood of getting it in three months? It seems my chances are slim to say the least, but maybe someone has some magic advice out there?

Thank you in advance,


Welcome to BE.

I have opened a new thread and moved one of your posts to it. I have deleted your other posts. Please do not hijack threads with your questions...it is best to open a new thread and please do not keep making duplicate posts. Thank you. :)

Barnes2015 Jan 9th 2015 8:12 am

Re: Obtaining a US Visa with a Drug Offence
 
Thanks JerseyGirl, my apologies, obviously didn't read the etiquette guide fully enough,
Best wishes,

Barnes2015 Jan 9th 2015 8:49 am

Re: Obtaining a US Visa with a Drug Offence
 
Furthermore, does anyone know if there's any point at all applying for the visa/waiver of ineligibility so soon after the caution?

I've heard they're very tough on any drug-related offence, but have also heard of many people being approved, is this because of a time lag or because they aren't quite so strict?

Finally, can you apply for a B2 visa both for work and tourist travel speculatively, I.e. Not for a specific trip but just so you have clearance in general?

Many thanks in advance

ian-mstm Jan 9th 2015 12:23 pm

Re: Obtaining a US Visa with a Drug Offence
 

Originally Posted by Barnes2015 (Post 11526893)
I had booked flights to visit the states in April, and had a valid ESTA.

Cancel now... you won't be going.



I was very foolish and was caught with some MDMA a few days ago.
Oh dear... that's pretty much the end of the story, I'm afraid.



Furthermore, does anyone know if there's any point at all applying for the visa/waiver of ineligibility so soon after the caution?
You can't apply for the waiver until such time as the visa is denied... and, as Pulaski has noted, waivers are currently taking about 6 months. You're the only one who can decide whether or not there's any point in applying.



... is this because of a time lag or because they aren't quite so strict?
It's usually because of the time since the offense (read = years, not months).



Finally, can you apply for a B2 visa both for work and tourist travel speculatively, I.e. Not for a specific trip but just so you have clearance in general?
Yes... there's no restriction at all on applying.

Ian

MsElui Jan 9th 2015 5:54 pm

Re: Obtaining a US Visa with a Drug Offence
 

Originally Posted by ian-mstm (Post 11527366)

Yes... there's no restriction at all on applying.

Ian

true dat - but if they refuse it then you have another 'thing' to declare forevermore. so dont do it without good reason/chances of success.

civilservant Jan 10th 2015 9:16 am

Re: Obtaining a US Visa with a Drug Offence
 
Cancel the flights, and chalk this one up to experience.

blackcrow Jan 14th 2015 2:48 pm

Re: Obtaining a US Visa with a Drug Offence
 

Originally Posted by Barnes2015 (Post 11526893)
Hi there,
Sorry to butt in on this thread, but I have a similar(ish) situation.

I had booked flights to visit the states in April, and had a valid ESTA.
However I was very foolish and was caught with some MDMA a few days ago. I was given a caution as I had no history.

I know that I now have to apply for a visa (as I'd have to declare the caution as an admission when I arrived with the ESTA)

I assume that chancing it on the ESTA, as I know some people do, would probably return to haunt me should I apply for a visa in the future?

Does anyone know if I would certainly need a waiver of inadmissability? If so, is there any likelihood of getting it in three months? It seems my chances are slim to say the least, but maybe someone has some magic advice out there?

Thank you in advance,

Hi Barnes,

My own experience - you will need a b1/b2 visa and a waiver of ineligibility at the time of applying as you will almost certainly be denied. If you go via a solicitor, you will be requested to have a blood test for drugs/alcohol which can cost up to £300, this may be requested again by the immigration official to show that this was a one off and that you are not a drug addict.

As others have said, cancel your flights as your ESTA is no longer valid. The US are very tough on drugs and alcohol related offences but give it enough time and you have at least a chance of success.

Trebor82 Jan 22nd 2015 4:47 pm

Re: Obtaining a US Visa with a Drug Offence
 
Hi Barnes
Out of interest, what have you decided to do? I've got a similar problem posted on this forum too.

ian-mstm Jan 22nd 2015 10:47 pm

Re: Obtaining a US Visa with a Drug Offence
 

Originally Posted by Trebor82 (Post 11541841)
I've got a similar problem...

No, you don't: 1) It's not your problem... it's your friend's; and 2) MDMA is not cannabis.

Ian

Trebor82 Jan 22nd 2015 11:19 pm

Re: Obtaining a US Visa with a Drug Offence
 
Please do not paraphrase my original sentence Ian.

I said "I have a similar problem 'posted on this forum'" which is correct. I know that MDMA is not cannabis, and this is clear as I used the word "similar" and not the "same".

Hotscot Jan 22nd 2015 11:25 pm

Re: Obtaining a US Visa with a Drug Offence
 
You have a post but isn't it your 'friend' that has the problem?

Trebor82 Jan 22nd 2015 11:33 pm

Re: Obtaining a US Visa with a Drug Offence
 
He does, but I posted the problem that's on this forum for advice. My friend didn't post the problem on the forum, hence my original statement "I have a similar problem posted on this forum."

However this is all detracting from the purpose of the post of Barnes.

ian-mstm Jan 23rd 2015 12:28 am

Re: Obtaining a US Visa with a Drug Offence
 

Originally Posted by Trebor82 (Post 11542304)
However this is all detracting from the purpose of the post of Barnes.

He's already received his answer!



Out of interest, what have you decided to do?
Didn't you understand the responses he received? He's not going... and unless he lies to US immigration, he can't.



I know that MDMA is not cannabis, and this is clear as I used the word "similar" and not the "same".
He has no options (other than lying)... you do. Ergo, your situation is not similar.

Ian


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