Denied entry at border on ESTA

[throwaway90 0]

Hi guys, bit of a long one this, but i hope someone can advise me on my steps going forward.

 

I'm UK resident and had applied and was approved twice for ESTA travel.

 

Ive travelled to NYC 3 times before for tourism.

 

My wife and I were due to travel once again to NYC on valentines day but at the pre clearance border i was asked to come to the back for further questioning. 

 

All this to say, my phone was taken from me after a few questions and bag search and i was told to wait.

 

The CBP officer found a message on my phone between my brother and I discussing cannabis use and ordering such online. I should note i have no convictions of any kind. 

 

I was sworn in and interviewed about this. They must think im a drug dealer as i was outright asked how long ive been a drug dealer in the UK. I was asked some pretty strange questions about my previous employer (name of the business is the same as my last name - there was a picture in my phone of the company's banking screen as the boss and me (an accounts role) routinely sent pics for differing reasons). I was Asked about what i know about Bitcoin and have I ever bought bitcoin with money from drug sales.

 

The fact is: I'm not in anyway a drug dealer, i admit to having used cannabis in the past and even told him my most recent use was the day before. I didn't order drugs online with Bitcoin. I just so happened to hold bitcoin (a couple hundred pounds worth) for about a year or so, so when asked about bitcoin ofcourse i knew what it was. I also happened to sell this bitcoin in the week leading up to our holiday as it had peaked and i wanted an extra kitty for spends. I can honestly see how it might look but quite simply i just so happened to have bitcoin and also ive smoked cannabis in the past (not habitually).

 

He asked me about question 3 on violating drugs laws and why i answered no. I'm a complete idiot and always thought the question was "have you ever been convicted" - which i havent as im generally a good moral character (subjective i know) and law abiding in every other aspect of life. So it wasnt that i was intentionally misleading, i just didnt take due care in reading and answering the questions - but of course i can see how this would look like to anyone else as intentionally lying. Again im an idiot here, i would certainly have answered honestly had i read the question fully and properly understood.

 

I'm waffling. Sorry.

 

So in the end i was found inadmissible under INA 212 (a) (2) (A) (i) (ii) and 212 (a) (2) (C) (i).

 

I read the INA on 212 (a) (2) (C) (i) and it does look as though they think im a drug trafficker. This is the part that kills me most. I can accept by using drugs i was opening myself to this type of situation but to be labelled a drug trafficker as well really sucks. Again i wish i had have read and understood question 3 properly so i could have answered correctly and applied for NIV B2 with this in mind.

 

When leaving he advised id need to now apply for a visa at an embassy or consulate.

 

Now my questions are:

 

Going forward i will not be using drugs. I dont know if i would be considered a Drug 'abuser' with the past use but thats probably irrelevant, drug use is drug use.

 

I will be fully open and honest about my past cannabis use during my application ofcourse. What is the case here as i've read many different things? Some people saying as soon as i admit previous drug use its a year ban regardless of when this was(mine being fairly recent). So should i go through this process as normal, eat the ban so i can apply again in a year?

 

Can i argue the point about CBP finding me inadmissible under 212 (a) (2) (C) (i) ? Or is it now down to the Visa process alone to determine me admissible or not on whatever grounds or will they just stick with the reasoning of CBP?

 

I'm certain i will be found inadmissible straight away for the Visa for my past cannabis use...and then what? Am i likely to be offered to apply for a waiver? What does this entail or can you point me in the direction of a guide for waivers and their process.

 

Should i just give up and accept that i messed everything up and im most likely never to be accepted to the USA for having used drugs?

 

Any and all input welcome, insults included.

 

[yuna628 9,556]

Well...

 

Did you misrepresent yourself about your current drug use on your ESTA? How did you answer those questions on the form? That right there would be a big no no. Remember drugs are not legal in the USA, and they certainly haven't been made legal in the UK either. There won't be any arguing against the CBP, as under the law, they did the right thing, even though you may disagree. You won't be visiting the US under the VWP ever again, those privileges are long gone.

[Dashinka 23,538]

If you are going for a spousal visa, it seems like this just became a lawyer case.  I believe 212 (a) (2) (A) (i) (ii) and 212 (a) (2) (C) (i) carries a permanent bar, so I would start looking for a good immigration lawyer that specializes in this area.

 

Good Luck!

[throwaway90 0]

5 hours ago, yuna628 said:

Well...

 

Did you misrepresent yourself about your current drug use on your ESTA? How did you answer those questions on the form? That right there would be a big no no. Remember drugs are not legal in the USA, and they certainly haven't been made legal in the UK either. There won't be any arguing against the CBP, as under the law, they did the right thing, even though you may disagree. You won't be visiting the US under the VWP ever again, those privileges are long gone.

As i said above i answered no to the question, although i misunderstood it to mean convictions - it was only when he asked me at interview about answering no to VIOLATING drug laws that i realised my (removed) up.

 

I know i am no longer eligible for the VWP...my questions relate to non immigrant B2 visas and waivers for inadmissibility sorry if that wasnt clear! 

 

In regards to Arguing with the CBP, I'm referring to INA 212 (a) (2) (C) (i) which relates to drug trafficking, which i am not but was found inadmissible on these grounds as well as cannabis use... i just dont want to be painted as something in not, previous cannabis user yea, drug trafficker NO! I fully understand i am inadmissible for the previous drug use, theres no arguing there! 

Edited February 26, 2020 by Unlockable
Edited for language

[throwaway90 0]

6 minutes ago, Bill & Katya said:

If you are going for a spousal visa, it seems like this just became a lawyer case.  I believe 212 (a) (2) (A) (i) (ii) and 212 (a) (2) (C) (i) carries a permanent bar, so I would start looking for a good immigration lawyer that specializes in this area.

 

Good Luck!

Its for a non immigrant B2 visitor visa only

 

Quite frankly dont have money to throw at a lawyer for this, so i am only asking the general process moving forward, if i should even try to gain entry to the US as a visitor or merely accept my previous drug use has led me to this point and give up as its a dead horse.

 

Thanks for the reply! 

[Dashinka 23,538]

Just now, throwaway90 said:

Its for a non immigrant B2 visitor visa only

 

Quite frankly dont have money to throw at a lawyer for this, so i am only asking the general process moving forward, if i should even try to gain entry to the US as a visitor or merely accept my previous drug use has led me to this point and give up as its a dead horse.

 

Thanks for the reply! 

If you are going for a B2, I would not waste your money.  Chances are very slim you could convince a CO when they see these inadmissibilities in the system next to your name. 

[yuna628 9,556]

It's going to be rare for anyone that has admitted to drug use, and has been 'charged' under what they did by the CBP to get such a visa. Other types of visas you'd certainly need a lawyer and a waiver. B2 can be hard to get for those that would have previously been admitted under the VWP, but now cannot be on a good day... with all this that has happen, I'd say you're throwing free money at them. You can try, as it's only a small amount of money, but prepare for disappointment. There is never any arguing with the CBP once accused of something.. and that's really anything (not just what they tossed at you). It's their way or the highway. 

 

I would plan to travel somewhere else in the future.

[Boiler 43,998]

Well you certainly want to leave it as long as possible before applying for a B, and then take into account maybe 6 months assuming a waiver is available. The drugs aspect is a serious issue. Not sure I remember seeing somebody get a waiver for trafficking.

 

Yes you can at least theoretically dispute the finding, but as they only need reason to believe and you gave them that I am not sure if there is any point.

[igoyougoduke 1,628]

56 minutes ago, throwaway90 said:

Hi guys, bit of a long one this, but i hope someone can advise me on my steps going forward.

 

I'm UK resident and had applied and was approved twice for ESTA travel.

 

Ive travelled to NYC 3 times before for tourism.

 

My wife and I were due to travel once again to NYC on valentines day but at the pre clearance border i was asked to come to the back for further questioning. 

 

All this to say, my phone was taken from me after a few questions and bag search and i was told to wait.

 

The CBP officer found a message on my phone between my brother and I discussing cannabis use and ordering such online. I should note i have no convictions of any kind. 

 

I was sworn in and interviewed about this. They must think im a drug dealer as i was outright asked how long ive been a drug dealer in the UK. I was asked some pretty strange questions about my previous employer (name of the business is the same as my last name - there was a picture in my phone of the company's banking screen as the boss and me (an accounts role) routinely sent pics for differing reasons). I was Asked about what i know about Bitcoin and have I ever bought bitcoin with money from drug sales.

 

The fact is: I'm not in anyway a drug dealer, i admit to having used cannabis in the past and even told him my most recent use was the day before. I didn't order drugs online with Bitcoin. I just so happened to hold bitcoin (a couple hundred pounds worth) for about a year or so, so when asked about bitcoin ofcourse i knew what it was. I also happened to sell this bitcoin in the week leading up to our holiday as it had peaked and i wanted an extra kitty for spends. I can honestly see how it might look but quite simply i just so happened to have bitcoin and also ive smoked cannabis in the past (not habitually).

 

He asked me about question 3 on violating drugs laws and why i answered no. I'm a complete idiot and always thought the question was "have you ever been convicted" - which i havent as im generally a good moral character (subjective i know) and law abiding in every other aspect of life. So it wasnt that i was intentionally misleading, i just didnt take due care in reading and answering the questions - but of course i can see how this would look like to anyone else as intentionally lying. Again im an idiot here, i would certainly have answered honestly had i read the question fully and properly understood.

 

I'm waffling. Sorry.

 

So in the end i was found inadmissible under INA 212 (a) (2) (A) (i) (ii) and 212 (a) (2) (C) (i).

 

I read the INA on 212 (a) (2) (C) (i) and it does look as though they think im a drug trafficker. This is the part that kills me most. I can accept by using drugs i was opening myself to this type of situation but to be labelled a drug trafficker as well really sucks. Again i wish i had have read and understood question 3 properly so i could have answered correctly and applied for NIV B2 with this in mind.

 

When leaving he advised id need to now apply for a visa at an embassy or consulate.

 

Now my questions are:

 

Going forward i will not be using drugs. I dont know if i would be considered a Drug 'abuser' with the past use but thats probably irrelevant, drug use is drug use.

 

I will be fully open and honest about my past cannabis use during my application ofcourse. What is the case here as i've read many different things? Some people saying as soon as i admit previous drug use its a year ban regardless of when this was(mine being fairly recent). So should i go through this process as normal, eat the ban so i can apply again in a year?

 

Can i argue the point about CBP finding me inadmissible under 212 (a) (2) (C) (i) ? Or is it now down to the Visa process alone to determine me admissible or not on whatever grounds or will they just stick with the reasoning of CBP?

 

I'm certain i will be found inadmissible straight away for the Visa for my past cannabis use...and then what? Am i likely to be offered to apply for a waiver? What does this entail or can you point me in the direction of a guide for waivers and their process.

 

Should i just give up and accept that i messed everything up and im most likely never to be accepted to the USA for having used drugs?

 

Any and all input welcome, insults included.

 

unfortunately marijuana is federally controlled substance in US. So yes they will classify you as a drug user. I would highly doubt a B visa will be granted once you have answered YES to drug use.

[NigeriaorBust 4,087]

  With the drug trafficking tag you will never get any visa to the US.   If you were only tagged as a user you might in the future come after you could show rehabilitation but the trafficker tag is a lifetime ban with no waiver under current immigration laws.

[throwaway90 0]

16 minutes ago, NigeriaorBust said:

  With the drug trafficking tag you will never get any visa to the US.   If you were only tagged as a user you might in the future come after you could show rehabilitation but the trafficker tag is a lifetime ban with no waiver under current immigration laws.

Which is exactly why id be keen to apply and refute this point...

 

The stress of it all would kill me to be honest. As someone said above, it's their way or the highway when it comes to standing up for yourself. I guess I'll forget it for now and possibly forever. hard to take mind you 

[jaysaldi 209]

 

4 hours ago, throwaway90 said:

 

 

My wife and I were due to travel once again to NYC on valentines day but at the pre clearance border i was asked to come to the back for further questioning. 

 

All this to say, my phone was taken from me after a few questions and bag search and i was told to wait.

 

 

 

What prompted this? It's very rare for a passenger from the UK to be pulled aside for secondary inspection and have his phone searched.

And sometimes CBP uses "We found references on phone to drug abuse" as a reason for denying someone that they otherwise want to deny but don't have great evidence to support a denial on.   Like, "We think he's here to work, but we can't prove it, so let's look in his phone . . . oh, drug use, great, we'll deny him for that."

What were they questioning you about before they found the drug info on your phone?

[throwaway90 0]

6 minutes ago, jaysaldi said:

 

What prompted this? It's very rare for a passenger from the UK to be pulled aside for secondary inspection and have his phone searched.

And sometimes CBP uses "We found references on phone to drug abuse" as a reason for denying someone that they otherwise want to deny but don't have great evidence to support a denial on.   Like, "We think he's here to work, but we can't prove it, so let's look in his phone . . . oh, drug use, great, we'll deny him for that."

What were they questioning you about before they found the drug info on your phone?

They never told me why. They made me fill out a declaration form while my bag was offloaded,

Then when it arrived i was invited over while it was opened and searched.. i was asked What i do for a living, how long i will be staying, how much cash do i have.

 

They searched through the bag and realised we had only packed toiletries and underwear as we planned to go to Jersey gardens the next day to spend some money on new clothes. It was to be our joint 30th birthday celebration. They asked why no clothes and i told them the above. One of the CBP officers mentioned my shower jel bottle being waay too much to bring with me (i personally dont think so and thought an odd comment)

 

Then they took my phone at that point

[SalishSea 17,047]

4 hours ago, throwaway90 said:

Its for a non immigrant B2 visitor visa only

 

Quite frankly dont have money to throw at a lawyer for this, so i am only asking the general process moving forward, if i should even try to gain entry to the US as a visitor or merely accept my previous drug use has led me to this point and give up as its a dead horse.

 

Thanks for the reply! 

What would a lawyer do, anyway?  No one has the "right" to a tourist visa, the way that USCs and LPRs have the "right" to file for immigrant petitions for family reunification.  

 

I don't see where there would be any grounds for a waiver in this case, either.  

[Unlockable 7,309]

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