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VISA for the US refused!!

My boyfriend was refused his US tourist VISA today. We were due to go to Florida for a holiday in January 2009 and stupidly booked our holiday last march without thinking about the fact that he might need a VISA. He has a conviction for possession of a class A substance which he only received a fine for and is now spent under UK law, but not under US law! His case has been referred to the consulate in Washington and could take up to 2 months! Has anyone had any experience with this and know how long it could actually take?

kirsty_07 Thurs 04/12/08 14:59

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bobs1975
Thurs 04/12/08
17:14

No sorry I haven't but just to clarify for the other readers his application is being passed to Washington for a waiver of ineligibility right? Could you let us know how he gets on? This could really help some other readers with previous drug arrests / convictions.

Buenchico
Thurs 04/12/08
17:44

'Up to 2 months' is probably a very conservative estimate.

The following is a direct quote from the US embassy website (with the bold and italic text highlighted by me):

"If the conviction(s) results in the applicant being found permanently ineligible to receive a visa, it will mean a lifetime exclusion from the United States unless he or she obtains a waiver of the permanent ineligibility from the United States Department of Homeland Security Customs and Border Protection (DHSCBP). The granting of a waiver is not automatic and is based on several factors, including nature of the crime committed, sentence served and the period of time which has elapsed since the conviction.

If a favorable recommendation is made to DHSCBP for a waiver of the permanent ineligibility, the application will take a minimum of eight weeks to process; some applications may take longer.

Please note: Delays in processing can and will occur. The processing times quoted are approximate and cannot be guaranteed. It is important that you keep this in mind when applying for the visa. It will not be possible to expedite a case simply because an applicant has not allowed sufficient time for the application to be processed."

Source:
http://www.usembassy.org.uk/cons_new/visa/niv/ add_crime.html

Chris

Earth-Angel
Fri 05/12/08
10:15

... Travelling to the USA after 12 Jan? Apply for a Visa Waiver ONLINE before you go
The days of filling a Visa Waiver form for US travel on the plane are ending. ...
www.moneysavingexpert.com/latesttip/ - 101k - Cached

bobs1975
Fri 05/12/08
11:55

I think Earth Angel needs to put that info in a new, unrelated thread

R1Geezer
Fri 05/12/08
17:12

I doubt he'll get in at all, anything to do with steam tugs is very high on the old "Moral Turpitude" radar.

I'm amazed the anti drug campaiagns don't make more of this, you know the sort of thing:

"Want to be a dope head?? then you're barred from the US for life".... Now I guess it may not sound like much of a deterrent but hey it may stop some.

bobs1975
Fri 05/12/08
17:26

Not if you're a rockstar

http://blog.oregonlive.com/popmusic/2008/02/am y_winehouse_gets_her_visa_bu.html

spudqueen
Fri 05/12/08
17:55

R1Geezer - that's what I keep telling my teenage kids (who have been on holiday to Florida), if you ever want to go back to the US then don't EVER do drugs - because if you are arrested over a drugs offence then you'll never be able to go back.

kirsty_07
Sat 06/12/08
10:42

Question Author

According to the form he was given at the Embassy the Waiver of Ineligibility rests on the following factors:

Serious and frequency of crime
Amount of time that has elapsed since crime
Potential danger to public safety
and the necessity or urgency of the trip

Well ok it is serious to get caught with drugs but it was only the once as he;s never re-offended, it's been 6 years, he's definitely no danger to the public! Unfortunatly a holiday of a lifetime to Orlando may not be deemed as important to them so I have no idea if he'll get the waiver.

I'm not condoning what he did, but it was a stupid mistake he made when he was young and naive and now he's being treated like he murdered someone! The US is far from perfect anyway, it's full of junkies and criminals! All we wanna do is go on a two week holiday for gods sake!!

Anyway now were paying the price for a moment of careless stupidity, but I still think they're being a little harsh! I know there's nothing we can do about it except wait and in the meanwhile go somewhere else on holiday!

I will let you know what the outcome is anyway.

tigwig
Sat 06/12/08
17:34

Its terrible isn't it? I can only imagine how you feel. Unfortunately thats the problem with americans, they are so over the top in everything they do.
I really hope your boyfriend manages to get the visa. If not you'll have to make do with Disneyland Paris! It is good but obviously there's no Universal, Seaworld or Busch Gardens.

Dee Sa
Mon 08/12/08
01:23

will the travel company let you transfer the holiday to another destination or keep it on hold for a while ?
Unfortunately no matter how many people sympathise with you on this section, it wont get you the visa, I hope you put a strong case forward to the appeal section, but its doubtful they will admit him with a drug offence, sorry but pls dont build your hopes up.

bobs1975
Mon 08/12/08
21:02

As the advise on the other website states that your BF's offense is about the worst possible by US standards we wish you the best of luck. Pity he was caught carrying a concealed weapon - he'd get in the US entry no problem. Go figure

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