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Refused USA visa - drug caution. Please advise

Refused USA visa - drug caution. Please advise

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Old Jan 31st 2019, 12:41 pm
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Default Refused USA visa - drug caution. Please advise

Hi all, really hope someone can offer some advise. My partner stupidly booked a family holiday to Florida in August. He has a caution for possession of class A 3years ago. He was honest with his form and went to embassy yesterday for visa but was denied. He wasn’t offered a waiver as not enough time has passed (5yrs apparently) is there any hope or is the holiday cancelled? Really want to do our research before breaking it to the kids. I’ve already verbally battered him for booking holiday before applying for visa 😢 sick with stress 😞 any help/advice greatly appreciated. Thank you

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Old Jan 31st 2019, 1:12 pm
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Default Re: Refused USA visa - drug caution. Please advise

If he's been refused a visa, then he's not going to the US in August I'm afraid. You and the kids can go of course, but probably not ideal. The 5 year rule is a new one on me, that may just be that particular immi officer's opinion, but I didn't think there was a set time so he could perhaps try again another time - forum pros will be able to advise on that.

Did he get travel insurance? If you've got that then do check it, as you may be able to claim on that.

Good luck.

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Old Jan 31st 2019, 2:22 pm
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Default Re: Refused USA visa - drug caution. Please advise

Yep he won't be coming to the US I'm afraid, nothing more that you can do. You on the other hand can come and enjoy the US if you wish too.
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Old Jan 31st 2019, 2:37 pm
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Default Re: Refused USA visa - drug caution. Please advise

To be able to visit the US he either needs a B visa or to be able to use the VWP, not eligible to use the VWP and has been refused a B. So he is not going.

I do not know about 5 years, unusual to be given a waiver for a Class A issue but not impossible, did they say to try again in 2 years or 5 years.
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Old Jan 31st 2019, 2:58 pm
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Default Re: Refused USA visa - drug caution. Please advise

Thanks for all taking the time to reply. He was told to wait 2yrs. Does anyone know if he can apply for a visa ineligible waiver direct without being put forward for one by embassy and chances of approval? I know laws are there for a reason and US very strict, seems such a shame a 10day family cannot be had over a silly mistake 3yrs ago 😞
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Old Jan 31st 2019, 3:00 pm
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Default Re: Refused USA visa - drug caution. Please advise

He can't. A waiver recommendation is at the sole discretion of the Officer and cannot be applied for independently.
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Old Jan 31st 2019, 3:06 pm
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Default Re: Refused USA visa - drug caution. Please advise

Originally Posted by Leahsfx
Thanks for all taking the time to reply. He was told to wait 2yrs. Does anyone know if he can apply for a visa ineligible waiver direct without being put forward for one by embassy and chances of approval? I know laws are there for a reason and US very strict, seems such a shame a 10day family cannot be had over a silly mistake 3yrs ago 😞
It's a shame and I can understand your disappointment. You've been given the best advice by some very experienced people so unfortunately there's really nothing more you can do. Hopefully you have travel insurance and can get some or all of your trip funds back and plan a trip somewhere else that you'll all enjoy. Best of luck.
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Old Jan 31st 2019, 3:11 pm
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Default Re: Refused USA visa - drug caution. Please advise

Thanks everyone. Unfortunately travel insurance was not yet taken out. Another blow to the scenario.
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Old Jan 31st 2019, 3:13 pm
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Default Re: Refused USA visa - drug caution. Please advise

I do not think it would have covered this anyway.
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Old Jan 31st 2019, 3:20 pm
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Default Re: Refused USA visa - drug caution. Please advise

No I wouldn’t of thought so.
changing the post slightly.. can anyone suggest a holiday destination that wouldn’t require a visa that is comparable to what my kids (G6, B16) would of experienced? 😞 stumped
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Old Jan 31st 2019, 3:23 pm
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Default Re: Refused USA visa - drug caution. Please advise

If it was the House of Mouse that was your destination, France seems the obvious alternative.
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Old Jan 31st 2019, 4:54 pm
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Default Re: Refused USA visa - drug caution. Please advise

Anywhere that requires a passport may well have similar restrictions, or at least ask similar questions regarding drugs and convictions, and I don't even know what sort of declaration you may need to make, on/before entry to visit even the EU by August 2019 (after the end of March).
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Old Jan 31st 2019, 5:06 pm
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Default Re: Refused USA visa - drug caution. Please advise

Why don't you just go anyway? Unless you think it'd hurt the relationship. The die has been cast, money spent; might as well use it.
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Old Jan 31st 2019, 5:30 pm
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Default Re: Refused USA visa - drug caution. Please advise

I didn’t even think of Brexit 🙄
I’m not sure I could go anyway, it wouldn’t be the family holiday we booked. It’s the deposit we will loose as after 84days before holiday. If we can give the kids and ‘equivalent’ alternative then we’d try again in 2yrs.. although not sure of the guarantee then either!?
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Old Jan 31st 2019, 5:38 pm
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Default Re: Refused USA visa - drug caution. Please advise

How about one of the British held islands in the Caribbean? Sun, fun at one of the family resorts might be a lovely family vacation.
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