Applying for a visa waiver after having a B1/B2 visa?

[froggy1996 0]

Hi All, 

 

I already have a hunch about what I should do in my situation but I wanted to sense check it first.

 

In 2010 I was arrested for suspicion of possession of cocaine. It wasn't cocaine (which I knew) and subsequently my bail was cancelled and no further action was taken. Shortly after this I had to travel to the USA and I applied for a visa due to my arrest as I didn't want to risk anything. I was originally granted a 2 year visa and then a 10 year Visa when the previous ran out. For both applications my police certificate showed a clean record but I still answered all questions honestly and provided evidence of my bail cancellation.

 

I am coming up to my renewal and I had an interesting thought. I would still expect a clear police certificate. So my question is, now that I have held a B1/B2 visa, am I able apply for a visa waiver and would I likely be approved? (as long as my record shows as clean) 

 

I believe the best course of action is a visa but I wanted to see if anyone has been in a similar situation. I have only once had difficulty with my current visa when I was told there should be some wording on it indicating that it was required due to a drug offense arrest. I'm not sure if this is the case but I was still allowed through anyway.  Obviously if a waiver would remove such questions I would be interested in applying. However, even if I was granted a waiver, I imagine there is a risk of the border agents bringing up the change from a visa to a waiver and could be much more problematic in the long run.

 

As I say, I don't believe a waiver is the best idea, I'm just interested in knowing if this is a potential avenue. 

 

Froggy

 

Edit - just to add, I'm based in the UK if that makes any difference 🙂

Edited April 4, 2021 by froggy1996

[Mystery 2020 30]

I'm assuming when you applied for the B1/B2 it was not approved on the day, but you had to wait a few months to get a waiver?

 

If so then you are not eligible to travel on the VWP for life. You will always have to apply for a B2.

 

In addition being arrested makes you ineligible to travel on the VWP.

 

https://uk.usembassy.gov/visas/visa-waiver-program/non-immigrant-visa-waiver-program-vwp/

 

 

[igoyougoduke 1,656]

4 hours ago, froggy1996 said:

Hi All, 

 

I already have a hunch about what I should do in my situation but I wanted to sense check it first.

 

In 2010 I was arrested for suspicion of possession of cocaine. It wasn't cocaine (which I knew) and subsequently my bail was cancelled and no further action was taken. Shortly after this I had to travel to the USA and I applied for a visa due to my arrest as I didn't want to risk anything. I was originally granted a 2 year visa and then a 10 year Visa when the previous ran out. For both applications my police certificate showed a clean record but I still answered all questions honestly and provided evidence of my bail cancellation.

 

I am coming up to my renewal and I had an interesting thought. I would still expect a clear police certificate. So my question is, now that I have held a B1/B2 visa, am I able apply for a visa waiver and would I likely be approved? (as long as my record shows as clean) 

 

I believe the best course of action is a visa but I wanted to see if anyone has been in a similar situation. I have only once had difficulty with my current visa when I was told there should be some wording on it indicating that it was required due to a drug offense arrest. I'm not sure if this is the case but I was still allowed through anyway.  Obviously if a waiver would remove such questions I would be interested in applying. However, even if I was granted a waiver, I imagine there is a risk of the border agents bringing up the change from a visa to a waiver and could be much more problematic in the long run.

 

As I say, I don't believe a waiver is the best idea, I'm just interested in knowing if this is a potential avenue. 

 

Froggy

 

Edit - just to add, I'm based in the UK if that makes any difference 🙂

most likely if you add an arrest, VWP is gone forever. you cannot get it back

[JFH 12,190]

An arrest even without a conviction is a bar to the VWP. 
 

You will need to apply for a B-2 renewal. The good news is that having been approved once before should make the process easier and quicker this time, unless anything has changed in your circumstances.