Criminal record

[HRQX 4,145]

9 minutes ago, Jorgedig said:

AFAIK you won't even be able to travel to the US on VWP/B visa.

Technically, an "INA 212(d)(3)(A) waiver is available for nonimmigrant visa applicants found inadmissible under INA 212(a)(2)(A)(i)(II)" https://fam.state.gov/FAM/09FAM/09FAM030204.html E.g. B-1/B-2, etc. INA 212(d)(3)(A):

Quote

Except as provided in this subsection, an alien (i) who is applying for a nonimmigrant visa and is known or believed by the consular officer to be ineligible for such visa under subsection (a) (other than paragraphs (3)(A)(i)(I), (3)(A)(ii), (3)(A)(iii), (3)(C), and clauses (i) and (ii) of paragraph (3)(E) of such subsection), may, after approval by the Attorney General of a recommendation by the Secretary of State or by the consular officer that the alien be admitted temporarily despite his inadmissibility, be granted such a visa and may be admitted into the United States temporarily as a nonimmigrant in the discretion of the Attorney General, or (ii) who is inadmissible under subsection (a) (other than paragraphs (3)(A)(i)(I), (3)(A)(ii), (3)(A)(iii), (3)(C), and clauses (i) and (ii) of paragraph (3)(E) of such subsection), but who is in possession of appropriate documents or is granted a waiver thereof and is seeking admission, may be admitted into the United States temporarily as a nonimmigrant in the discretion of the Attorney General. The Attorney General shall prescribe conditions, including exaction of such bonds as may be necessary, to control and regulate the admission and return of inadmissible aliens applying for temporary admission under this paragraph.

 

[USS_Voyager 1,972]

2 minutes ago, HRQX said:

Technically, an "INA 212(d)(3)(A) waiver is available for nonimmigrant visa applicants found inadmissible under INA 212(a)(2)(A)(i)(II)" https://fam.state.gov/FAM/09FAM/09FAM030204.html E.g. B-1/B-2, etc. INA 212(d)(3)(A):

 

Hmm, K-1? Technically a nonimmigrant visa?

[Boiler 46,012]

4 minutes ago, USS_Voyager said:

Hmm, K-1? Technically a nonimmigrant visa?

Not for this purpose and a waiver in this case is akin to winning the lottery.

[HRQX 4,145]

10 minutes ago, USS_Voyager said:

K-1? Technically a nonimmigrant visa?

"A K visa is a nonimmigrant visa, and, therefore, K nonimmigrants are generally eligible for INA 212(d)(3)(A) waivers. However, processing an INA 212(d)(3)(A) waiver would not be appropriate unless an immigrant waiver is also available when the K visa holder applies to adjust status to lawful permanent resident.  To determine whether a waiver is available for a K applicant, you must, therefore, first examine whether the particular INA 212(a) ineligibility is waivable for immigrant spouses of U.S. citizens, under either INA 212(g), INA 212(h), INA 212(i), INA 212(a)(9)(B)(v), INA 212(d)(11) or INA 212(d)(12) or similar provisions." https://fam.state.gov/fam/09FAM/09FAM050207.html

[Peter14 0]

4 hours ago, JFH said:

I didn’t want to move either. I had a very good job, a house, and a very comfortable life in the UK. But my husband (USC) has a criminal record and was denied a UK visa. What do you do? Do you choose your job or choose your relationship? I sold my house, gave up my job and moved here. That’s what you do. Fortunately I was able to get a job in the same industry here (not quite the same job but almost). But I would have worked at McDonald’s if that’s all I could get. 

 

Sounds like a new life in the USA is more of a priority to you than being together with her. If she doesn’t speak German then look to a move to Ireland under your EU freedom of movement rights. 

I dont have any intentions to go to the usa other than my significant other. I am happy to live in germany and work under german conditions. 

[Peter14 0]

8 hours ago, USS_Voyager said:

Of course it is. It's Adderall. Adderall is used in the treatment of attention deficit hyperactivity disorder (ADHD) and narcolepsy. It is also used as an athletic performance enhancer and cognitive enhancer, and recreationally as an aphrodisiac and euphoriant. It is a schedule II controlled substances by the US DEA (Drug Enforcement Agency). 

https://en.wikipedia.org/wiki/Adderall

 

Schedule II substances are those that have the following findings:

 

The drug or other substances have a high potential for abuse
The drug or other substances have currently accepted medical use in treatment in the United States, or currently accepted medical use with severe restrictions
Abuse of the drug or other substances may lead to severe psychological or physical dependence

 

I'm also the DEA representative for my company!

 

 

 

 

No adderall has dexoamphetamine and levoamphetamine, thats derivatives of amphetamine. 

[Peter14 0]

1 hour ago, HRQX said:

"A K visa is a nonimmigrant visa, and, therefore, K nonimmigrants are generally eligible for INA 212(d)(3)(A) waivers. However, processing an INA 212(d)(3)(A) waiver would not be appropriate unless an immigrant waiver is also available when the K visa holder applies to adjust status to lawful permanent resident.  To determine whether a waiver is available for a K applicant, you must, therefore, first examine whether the particular INA 212(a) ineligibility is waivable for immigrant spouses of U.S. citizens, under either INA 212(g), INA 212(h), INA 212(i), INA 212(a)(9)(B)(v), INA 212(d)(11) or INA 212(d)(12) or similar provisions." https://fam.state.gov/fam/09FAM/09FAM050207.html

So if i understand it right, theres technically an option for a nonimmigrant visa but practically its not going to happen?

[geowrian 22,338]

12 minutes ago, Peter14 said:

So if i understand it right, theres technically an option for a nonimmigrant visa but practically its not going to happen?

Correct. A waiver technically exists for non-immigrant visas (except a K-1), but it involves 1) qualifying for the visa, 2) the CO recommending you for the waiver (nobody can sponsor it), and 3) approval of the waiver. I just can't see that happening in this case, but it's technically not a 0% chance.

[HRQX 4,145]

19 minutes ago, Peter14 said:

theres technically an option for a nonimmigrant visa but practically its not going to happen?

Correct; check out the following video: https://youtu.be/1FB1FTXwGLw?t=1522 At the 33:38 mark the CBP officer states: "The decision is that you require a visa to come to the United States." The individual later applied for a nonimmigrant visa that was denied (see 34:53). As geowrian mentioned, "it's technically not a 0% chance" for approval.

[Peter14 0]

40 minutes ago, HRQX said:

Correct; check out the following video: https://youtu.be/1FB1FTXwGLw?t=1522 At the 33:38 mark the CBP officer states: "The decision is that you require a visa to come to the United States." The individual later applied for a nonimmigrant visa that was denied (see 34:53). As geowrian mentioned, "it's technically not a 0% chance" for approval.

I cant watch the video because of copyright but i get what you are saying. Thanks for all the informations even though its not the answer i was looking for.

Really nice of all of you to help a stranger like this!

[USS_Voyager 1,972]

8 hours ago, Peter14 said:

No adderall has dexoamphetamine and levoamphetamine, thats derivatives of amphetamine. 

Sigh... This is gonna be way beyond the scope of an immigration forum...

 

They are not derivatives. They are "it". The amphetamine molecule exists as two enantiomers, levoamphetamine and dextroamphetamine. An enantiomer is one of two stereoisomers that are mirror images of each other that are non-superposable (not identical), much as one's left and right hands are mirror images of each other that cannot appear identical simply by reorientation. 

 

Dextroamphetamine 

 

 

 

 

Levoamphetamine

 

As you can see, the chemical make-up of both are identical, the only difference is the orientation of the CH3 group in 3-D space. The solid line depicts the CH3 group coming out of the screen at our faces, while the dotted line depicts the CH3 group coming out the back of the computer monitor, while everything else stays in the 2-D  plane which is the screen. 

 

 

8 hours ago, Peter14 said:

So if i understand it right, theres technically an option for a nonimmigrant visa but practically its not going to happen?

Correct. And even by a miracle that you were able to get a waiver for a non-immigration visa somehow, you cannot adjust status in the US either, because USCIS treat the Ajustment of status as another "admission"event, which you will be denied. 

[SusieQQQ 11,587]

7 hours ago, Peter14 said:

I cant watch the video because of copyright but i get what you are saying. Thanks for all the informations even though its not the answer i was looking for.

Really nice of all of you to help a stranger like this!

Sorry about that. I’m assuming from your apprenticeship that you’re on the right path now and it seems a shame that bad decisions made at a young age can affect you permanently, but it is what it is. Good luck, and I hope that you and your girlfriend manage to find a path forward somehow.