Waiver of Inadmissibility recommendations

[mrkobain 0]

I was arrested in 2005 for possession of a controlled substance while on holiday in San Francisco. A silly mistake I know, which I have paid dearly for and regret. I was brought before a court and ordered to complete a rehabilitation program which lasted for 18 months and the charges were then dismissed against me. Since my case was dismissed I assumed I could travel back to the US with no issue under the visa waiver program but was obviously refused entry at the San Francisco airport shortly after this. I was told at the port that I must return to Ireland and apply for a visa through the embassy there. I did this and was granted a B1/B2 visa valid for ten years. However this had an annotation on it which said "2 (a) (1)(11) does not apply". I didnt really understand what this meant and assumed that since I was granted a visa I could travel back. So in January 2012 I booked a holiday to New York and went through immigration in Dublin where I was refused travel again stating that the visa was issued incorrectly and that I needed to apply for a waiver of inadmissibility. I subsequently did this by myself through the embassy in Dublin without any guidance and was denied a waiver.

I now work for an American medical device company in Ireland and have been recently promoted to a permanent engineering position which may require travel to the US at some stage. I can get a letter from work stating my position there and whatever else is needed. Would I have any hope of gaining a waiver for work purposes if it meant the difference between losing or keeping my job? I find it hard to understand why I keep getting refusal if the case has been completely dismissed and I have no criminal record, it doesnt make any sense.

Have i any hope of putting this behind me? Any guidance would be great or recommendations for immigration attorneys that could help my case. Really want to get this sorted out asap if possible.

Thanks in advance !!

[Cathi 5,784]

Just because your case was dismissed, does not mean there is no court record.

[NickUSMC 3]

In fact, even if you "paid" your mistake and your case was dismissed, there are still records about your arrest. You're going to have a hard time. Have you considered hiring a lawyer?.

[mrkobain 0]

In fact, even if you "paid" your mistake and your case was dismissed, there are still records about your arrest. You're going to have a hard time. Have you considered hiring a lawyer?.

Ya i understand that, but the fact that I did everything that the US law asked of me in order for this to go away, and it still comes back to haunt me years later with no criminal record. I would like to get a good lawyer to deal with this, can you guys recommend anyone? Thanks again for your advice!

[NigeriaorBust 4,087]

How much of what substance where you charged with ?

[mrkobain 0]

How much of what substance where you charged with ?

1.3 grams of cocaine

[NickUSMC 3]

I'm not a lawyer but yes, you're going to have a very hard time. If that was marijuana maybe you had a chance, but with cocaine I don't see any way out. Like I said don't waste time and contact a lawyer, google is also your friend to find good lawyers!