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RN1234

H1B visa with drug charges?

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Hi

I wanted to know what would be the chances of my husband getting an H1b visa with 2 charges at different times for simple posession of marijuana less than 30 grams?

We have been married for 2.5 years, I am a US citizen and he is a British citizen, we have a 2 year old daughter and have been living apart for all this time because he is unable to enter the united states due to the 2 drug charges, he is inadmissable and NOT eligibe for the I-601 waiver because he has 2 charges, not 1.

anyone have any idea if he will get approved for an H1b visa with a non-immigrant waiver packet??

he has an MBA works for a big usa company in the UK, well educated and made a stupid mistake when he was younger, his company is not willing to transfer him to usa until he has been there longer so he is not eligible for L1 transfer yet.

What do you think are the chances??

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Doesn't inadmissibility mean inadmissible?

I guess my question is why would an H1B visa be accepted if his other visas can't be due to the charges?

good luck


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What do you think are the chances??

Zero. If he is not eligible for family based / spousal visa - which is most lenient in terms of waiving inadmissibilities , his chances of getting non-immigrant one are much much more smaller. What would be the hardship to prove for non-immigrant one ?

Waivers are given out for a reason - apart from him not being eligible for one - what would be reason here ?

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The permanent ineligibility for drug convictions with no waiver applies only to immigrant visas. The only things that can't be waived for non-immigrant visas are some foreign policy issues (212(a)(3) grounds) and those participating in NAZI persecutions.

He would also be found ineligible for a non-immigrant visa (including both the H1 and L1 visas) -- but a waiver can be sought, but is difficult to get for drug convictions. It's not a 601 waiver, though; it would be under Section 212(d)(3) of the INA, and must be approved first by the Dept of State and then DHS. You would only be able to proceed with a waiver request once the visa has been applied for and denied because of the convictons. The criteria for approving the waiver does not include extreme hardship like the 601 waiver -- per court decisions, they include the potential for harm to the US if the person is admitted, the seriousness of the past violations leading to the ineligibity, and the reason for wanting to enter the US.

This, of course, would not be a permanent solution for you...an H1 is for a total of 6 years, since there is no possibility of applying for a green card from it. Also, an L1 is likely not possible even if the company would transfer him, as he would have to show non-immigrant intent, and that would be hard to do -- if the visa officer determines he is not eligible under Section 214b (immigrant intent), no waiver could be pursued.

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Hi everyone thanks for your responses. So I have spent so much money on my husband's case and just before the holidays I paid Laurel Scott her consultation fee and consulted with her.

Pretty much what I have been told by her and every other well educated lawyer is that an H1 or L1 or E visa is pretty much the only options left. I was told H1 allows you to have dual intent meaning u can have family in Usa and come for work.

So jan22 I wanted to know even with the dual intent, why do you think he would have to show no immigrant intent under section 214b?? Because I thought dual intent means you can have a family in usa and that's ok.

Also why does he need to be denied first the H1 then file for waiver. Can't you file for the waiver along side the application given that we already know he needs a waiver.

The reason for doing an H1 is because if he gets the H1 then once in the states he is under different jurisdiction and other possibilities can open up for him is what I was told by laurel scott. She pretty much told me that if the H1 works then she can figure other options for him since uk does not offer any post conviction relief.

Laurel gave me a referral for a lawyer that does H1 visas. But now I am even more depressed and upset knowing that you guys think he won't get it.

Jan22 you mentioned the only things that can't be waived by then in immigrant waiver is 212a3 grounds....are drug charges under the 212a3??

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Sorry jan22 I had a typo...you mentioned the only thing that can't be waived by non immigrant waiver is 212a3.....do drug charges fall under 212a3?

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Tricky thing strikes me as having a job offer first with an Employer also willing to go through the waiver process.

I would not have thought immigrant intent would be an issue.


“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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I also don't see why you guys think he won't be able to get a L1 (inter company transfer) visa? If his company decides to transfer him, why would he not be eligible since L1 visa also allows for dual intent.

My husband got a job offer from a colleagues friend of his that started his own company a few years ago and is doing financially very well, The company has grown and now could use my husband's expertise.

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What discussions have taken place so far withe company lawyers?

Theoretically there is a possibility, devil will be in the detail.


“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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Sorry for not being clear -- no, drug charges do NOT fall under 212(a)(3), which is why I said a non-immigrant visa waiver can be applied for.

And, to clarify, when I said the visa had to be applied for and refused prior to being able to apply for a waiver, I didn't say that it can be all part of the same visa application. But, the visa has to officially be denied under the grounds of ineligibility (212(a)(2)) -- otherwise there's nothing for which to apply for a waiver. Make sense? Once found ineligible, the visa officer will determine whether to recommend a waiver to DHS.

The reason I think an L1 is less likely than an H1 is because of Section 214(b) of the INA -- the section that says a visa officer must view all applicants as intending immigrants until the applicant can show they are not. It specifically applies to an L1 visa; it does not apply to an H1 -- meaning a visa officer can find an L1 applicant ineligible under 214b but cannot do so for an H1. In order to be eligible to seek a waiver, the applicant must overcome 214b for any visas to which it applies. A visa officer could easily find your husband ineligible for both the drug convictions AND 214b, since he clearly wants to immigrate to the US but cannot do so because of his drug convictions. If he is 214b, there can be no waiver as he still would not qualify for the visa.

Hope this helps clarify my previous ramblings; sorry for confusing you.

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So what do you think are my husband's chances to get the H1?? Have you ever heard of anyone with 2 drug charges for marijuana getting an h1b??

My frustrations are higher than ever and at this point in my life I am nearly ready to throw in the towel with this relationship if he us unable to come here. I know that sounds bad but I can't take it anymore.

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Let us assume all else is good and it just the drugs issue.

He has probably a 50% chance in the lottery.

The waiver, well I have not seen a directly comparable case but I have seen waivers approved for this type of visa.

What does the Company Layer say?


“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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My husband hasn't gotten a hold of the lawyer yet. He had been calling him but haven't heard back yet. Once I hear something then I will post on here.

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