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blueale21

Help please sent home at airport

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Filed: Country: United Kingdom
Timeline

Uk citizen going to orlando for family holiday

My partner has a criminal record for drunk and dissordaly and a caution for possessing a small amount of class a when he was younger.
He applied for a visa and attended the interview in london at the embassy.
He was told as it was a while ago everything was ok and the issued him with a 10 year multiple entry visa into his passport.
The visa was a B2 visa
We flew to the states on a family holiday and at the airport he was questioned and refused entry.
The officials were saying something about him needing a waiver and he had been given the wrong Visa
He was interviewed , refused entry and we came home on the same plane we went there on.
Please help will he be able to reapply and go back for a holiday as they did say we could reapply but I wasnt sure if the refusal will have an impact on future decissions and if they were just saying it.
I am heart broken
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Filed: K-1 Visa Country: Wales
Timeline

It is odd that he was issued a B2 without a waiver with that past.

Also odd that having received a visa and having declared his criminal history that he was questioned.

The simple solution is to holiday elsewhere, plenty of choices.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Even with a waiver, his chance to obtain a tourist visa is slim for controlled substances.

N400

12/06/2014: Package filed

12/31/2014: Fingerprinted

02/06/2015: In-Line for Interview

04/15/2015: Passed Interview

05/05/2015: Oath letter was sent

05/22/2015: Oath Ceremony

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Filed: Citizen (apr) Country: Brazil
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Even with a waiver, his chance to obtain a tourist visa is slim for controlled substances.

Which is why it's strange that he WAS issued a tourist visa, just turned back at the airport.

More proof that a visa is not guarantee of entry.

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Filed: Timeline

I suspect what happened is that the visa officer knows more about British law than the immigration officer at the port of entry. It is likely that there is no waiver needed, as a "caution" does not rise to the level of a conviction in terms of US law. Therefore, it is not an ineligibility (that requires a conviction) and a waiver is not needed. The drunk and disorderly is not a crime of moral turpitude, either. The immigration officer probably thought the caution was the equivalent of a conviction.

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Filed: Citizen (pnd) Country: Mexico
Timeline

First of all, I am sorry that you had to go through such a traumatic experience. As someone else mentioned earlier, visa issuance does not grant entry into the US. Officers at the POE are the ones who decide whether or not you can enter, each and every time you attempt to go into the US.

In his situation, I would go back to the embassy or consulate where the visa was issued and ask to speak to a consular officer for further clarification. Most embassies have officers that provide information, regardless of your citizenship. Try looking in the website for yours, they have hours and days where officers receive people for inquiries. There are also telephone contacts, but I prefer the personal touch. I would try that route, but again.. expect some time before he can reapply, if at all possible.

OP does not mention if the visa was cancelled or any document was given. If so, he should bring all that to the appointment to inquiry about his situation.

Best of luck,

UnaMexicana

And someone mentioned Mexico... we will welcome OP and everyone else with open arms if you ever decide to visit my beautiful country! :)

Edited by UnaMexicana

:yes:Intelligence trumps muscle... Imagination trumps both! :yes:

IR-1/CR-1 Visa
Service Center : Nebraska Service Center
Consulate : Cd. Juarez, Mexico
Met: January, 2006 :D
Marriage (if applicable): 2012-10-26 (L)
I-130 Sent : 2014-08-01
I-130 NOA1 : 2014-08-04

I-130 NOA2 : 2015-05-14

Shipped to DoS: 2015-05-22

Received at NVC: 2015-06-01

Case Created at NVC: 2015-06-10 (from Julian Date calculation)

AOS and IV Fee Invoiced: 2015-06-11
AOS and IV Fee Paid: Website down as of 06-15... Just waiting...
AOS and IV Fee Paid: 2015-07-05 CEAC site finally UP! :dancing:

AOS and Civil Docs received at NVC: 2015-10-13

NVC checklist for obsolete i864: 2015-11-25

Submit updated i864: ?????? when my lawyer desires... :clock:
Submit updated i864: Did NOT wait for lawywer. Did it myself 2015-12-10
NVC received reply to checklist i864: 2015-12-10 (yes.. same day O.O)

NVC case completed: 2016-01-07
NVC assigned interview date: 2016-01-23
Interview at CJS consulate: 2016-03-30

Visa "Issued": 2016-04-05
Entered the US: 2016-04-27

SSN Arrived: 2016-05-07 ... wow TEN days!

N-400

Filed Online: 2020-06-30

NOA: 2020-07-01

Biometrics Letter: 2021-04-08
Biometrics Appointment: 2021-05-03
Interview Scheduled/Cancelled: 2021-06-25 (never received online nor mail notification, just an email reply to tier 2 inquiry about status)

Interview ReScheduled: 2021-11-02

Interview Date: 2021-11-30

Oath ceremony Scheduled/Cancelled/Placed in Line: 2021-12-01
Oath: 2022-1-24 ... JOURNEY OVER! 😺
 

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