Applying for a non-immigrant visa plus a waiver after being denied a US immigrant visa

[nastra30 2,300]

What immigrant Visa was he denied?

[EM_Vandaveer 2,408]

17 hours ago, NuestraUnion said:

Ouch! Drugs. Not just drugs but drug trafficking.

 

Yeah, I agree that a highly experienced lawyer is needed. He has the drug label to overcome and it is very frowned upon with immigration.

 

You say he was not convicted or jailed but was he charged?

Cautioned. It's the equivalent of conviction as far as US immigration is concerned because it requires admittance of guilt. 

[Ash.1101 1,756]

So note that people have gotten year bans just for admitting they smoked casually years ago. 

 

If the US bans people for a period just for admitting they smoked weed because it’s legal in their country, imagine their response to someone who has admitted guilt for growing multiple pot plants and said “yes I did” to a drug trafficking charge.

 

theres a limit to what is considered personal use, but I don’t think anyone could justify having multiple plants just for themselves. It sounds like the caution was justified.

 

this is just something that is a consequence when it comes to traveling or moving to other countries, what one country finds okay another may not.

 

In this case it looks like the UK and the US are not that alright with what went down.

 

keep paying your lawyer if you think he can do it, if not you’re out of luck.

[Courtney31 0]

It was a spousal visa. 

 

He never admitted to drug trafficking as the arresting officer put it was for personal use in his report. It was the visa interviewing officer at the Embassay that said he was a drug trafficker. 

[Randyandyuni 2,682]

use the 6k to bring 6 family member to see him 

[geowrian 22,337]

33 minutes ago, Ash.1101 said:

So note that people have gotten year bans just for admitting they smoked casually years ago. 

 

If the US bans people for a period just for admitting they smoked weed because it’s legal in their country, imagine their response to someone who has admitted guilt for growing multiple pot plants and said “yes I did” to a drug trafficking charge.

Just a as note, the first ban is on health-related grounds and is not clear-cut if one will get it or not just for past use.

The drug trafficking inadmissibility falls under a different category. As the OP has seen, the CO makes a decision based on the circumstances, not the actual crime charged/caution issued.

[Boiler 45,770]

I assume there was something that caused them to see possession as trafficking, volume?

 

Anyway that is on his file.

 

[EM_Vandaveer 2,408]

It doesn't sound like paying this lawyer any more money will help. I'm 99.9% sure he cannot take the lawyer with him to the visa interview. And as others said the waiver isn't a form to fill out, it's up to the CO's discretion if they'll recommend him for one or not.

[Jeanne Adil 1,651]

Very confusing post

you first say your husband is USC

 

Hi there. My husband has been deemed inadmissible to the US. 

then say your child is born is is country 

our 4 year old son, who was born in the US, his home country

and then say you travel back and form the UK

so,   who is the USC?

[Courtney31 0]

I am from the US. My husband is from the UK. My husband was in the UK while I was in the US filing all the appropriate paperwork for his visa. I was pregnant during that time. He got an interview at the London Embassay 14 days before our son was born. He was deemed inadmissible at the interview. My son was then born in the US. My son and I now live in the UK but fly back and forth to the US to visit my family. 

[Ash.1101 1,756]

1 hour ago, geowrian said:

Just a as note, the first ban is on health-related grounds and is not clear-cut if one will get it or not just for past use.

The drug trafficking inadmissibility falls under a different category. As the OP has seen, the CO makes a decision based on the circumstances, not the actual crime charged/caution issued.

Very correct! That’s why I didn’t want to put something like “well ya everyone gets banned when they admit to it” and kept it as “people have been banned”.

 

but yes you are super correct!