BigEazy

Hi,

Does anyone know the diffence between a waiver of inadmissibility and waiver of ineligibility? I need to get out of a mess dating back almost 9 years in which I was refused entry (whilst visiting for holiday) for admitting to having a police caution. The caution was for possessing small amount of cannabis (grams). I’m now pursuing a profession career, which requires frequent trips to the US. Please advice.

Thank you.

BigEazy

snowbunny

How many grams?

BigEazy

Hi

Don't know the exact amount but enough for one time use. Seriously…..something between 2 and 5 grams.

Thanks

Folinskyinla

Hi:

Any amount over ZERO grams is trouble when it comes to admission to the US. You need a "B" VISA with the concomitant 212(d)(3) waiver.

ajb24

Can I ask what in god's name posessed you to tell them u had drug conviction U.S immigration DID NOT NEED TO KNOW that information. U can file for the waiver but I wouldnt hold out much hope. Good luck though, perhaps your honesty will count for something.

meauxna

lol...who are you? Re-read what you just wrote.

oh right, I remember now.

PS: US Immigration *did* need that information.. in fact, this post is totally inconsistent with your last set of posts on the topic!

ajb24

Drunk driving is one thing, drugs is something else isnt it! Come on only a fool declares a drug conviction to U.S immigration and expects to get a visa. I do not envy the decision the OP had to make in deciding wether or not to declare his drug conviction to U.S Authorities in my opnion he made the wrong decision personally I would not have declared it I would have lied on my visa waiver at least about a drug conviction. Lets be honest he probably has no chance of getting the waiver approved, then again he is not a celeb is he I guess its one law for Naomi Campbell and Amy Winehouse and one for everyone else huh. I am a lucky I dont have a record, declaring a drug conviction or any other isnt a decision I have to make, what decision would u make can I ask? Please write back

BigEazy

Hi,

Thanks for the replies.

No use in looking back! However, the 212(d)(3) waiver seems to offer some hope! As things stand I have two options through which I could apply for a waiver?

1. Tourist (‘B’ VISA)
2. Intra-company Transferee (‘L-1’ VISA)

The second option results from a recent offer from by company to transfer me to our US office.

Which one of these options do think I have a better chance with to obtain a waiver?

ajb24

I think the trick is getting the waiver approved before u go for the work visa the waiver will take some time at least 14-16 weeks I believe. Having the waiver will allow u to apply for the visa the trick is getting the waiver of course. The L1 is probably the best visa to work under I cant see the company being happy with you working on a B1 for a long period of time and they will probably send u along the L1 route eventually. Best of luck.

BigEazy

Ok… I understand getting the waiver is the tricky part, but in which sequence would launch this application? I mean in the case of visiting as a tourist, would you apply for a visa first after which the embassy would put you forward for a waiver or would you apply for the waiver first then depending on the outcome apply for the visa. Also, would getting lawyer involved help?
Thanks.

Folinskyinla

Hi:

You apply for the visa, you are refused, and then you apply for the waiver is the general course of things. You can't file the waiver until it has been determined you are inadmissible.

I recommend strongly you obtain the services of an attorney who does waiver work. There are several in London - a tad pricey but good.

BritishGuy36

On this forum it is very much looked down upon to infer that one should lie to US immigration under any circumstances, I can't believe your post has lasted this long.

I recommend you don't post this kind of thing again, unless of course you want your forum membership terminated.....

ajb24

Am not looking to violate forum rules not looking to get banned I am asking a question an honest question

BritishGuy36 you say its frowned upon but be honest is that to say people on this forum wouldnt lie if they knew it meant they could get into America to take that job in new york go to a friends stag do in Miami or watch Ricky Hatton fight his last fight in vegas. And there honesty would probably see them banned for life, 90% of brits would lie, you are looking down on people who have lied because they made bad decision that have messed up there lives and they can get into America but they want to I dont mean to be rude but get off your high horse u would lie in a heartbeat and yeah so would I but I dont have to knock wood

Tracym

I can't speak for everyone, but as far as possible, I think most on here try to help people as far as possible, within the law.

Everyone is a liar - it just depends about what and how much it matters.

ajb24

Well said Tracy, no point in judging people all I wanted to say