Declined B2 Visa

[mrvex]

I see,

So how do we gain the support of consular officers? what does this mean for us?

Thank you for your reply.

[inadmissible]

INA212(d)(3) waivers are available for nonimmigrants, but as a practical matter they require the support of the consular officers

[mrvex]

Hi,

Recently my partner was denied a B2 visa for petite larceny and possession of stolen goods (USA) and Possession of Class A substance (very small amount, personal use, in the UK which was stated on the ACRO.

US offences 5 years ago
UK offence 2 years ago

Is there anything that can be done here? Can we apply for a waiver of intelligibility? I am not sure about this as the officer did not recommend?

I have attached the letter of denial from the embassy.

Thanks for your help in advance

[inadmissible]

It means you need to make alternative tourism plans

Consular officers would support his waiver application if they felt he is deserving of favorable discretion, and he has a meaningful opportunity to prevailing in his application for a waiver

You have been pretty sparse on the details; the consular officers who reviewed his application know a lot more about his US immigration history and his criminal history than I do

By stating personal use, he has admitted to being a drug user. In addition he has a moral turpitude conviction. He is inadmissible on at least two grounds, perhaps more if he was deported from the United States subsequent to his larceny conviction, or if he had a year-long suspended sentence

[mrvex]

Okay so can we apply with a INA212(d)(3)? I read up on it and it seems that we would? Also yes I have been a little light on detail bit there is not much to explain. A warrant was put out as they had to leave before the date as they would have been overstaying on a J visa. Another application was put forward but due to this warrant it was rejected. A plea of advit was made and the warrant has now been settled but applied and still got rejected. Reading this make me feel there is a chance??

https://dyanwilliamslaw.com/2016/03/212d3a-nonimmigrant-waiver-advantages-and-disadvantages/

[inadmissible]

What drug was he charged in possession with?

What was the sentence he was granted for larceny, notwithstanding the fact it was suspended/commuted?

[mrvex]

1 class A ecstasy pill.

larceny was community service which was carried out in London. No pros ion time or anything

[inadmissible]

There is always jail time. Community service is always granted as an alternative to a custodial sentence. Failure to comply with the requirements of the sentencing alternative always result in the suspended custodial sentence being imposed

For immigration purposes, it is that suspended custodial sentence that counts, not the actual alternative sentence carried out. Check the final disposition his case

As for MDMA, that is a tough nut. (d)(3) waivers require a showing of rehabilitation, which ironically is easier for users hard drugs like heroin. Aliens caught being accused (or in this case admitting to) use of non-addictive drugs like MDMA and cannabis face a peculiar catch-22: they don't need any rehabilitation and so they can't prove or document any kind of rehabilitation

[mrvex]

There is always jail time. Community service is always granted as an alternative to a custodial sentence. Failure to comply with the requirements of the sentencing alternative always result in the suspended custodial sentence being imposed

For immigration purposes, it is that suspended custodial sentence that counts, not the actual alternative sentence carried out. Check the final disposition his case

As for MDMA, that is a tough nut. (d)(3) waivers require a showing of rehabilitation, which ironically is easier for users hard drugs like heroin. Aliens caught being accused (or in this case admitting to) use of non-addictive drugs like MDMA and cannabis face a peculiar catch-22: they don't need any rehabilitation and so they can't prove or document any kind of rehabilitation

I see, well the conditional discharge was 1 year. They didnt go to court because the date would have taken the case outside of the VISA end date. So they left the US to refrain from overstay, then the warrant came, and another VISA was denied because of it. which was sorted from the UK with agreement to do community service which was carried out and evidence is available for that.

A plea of advit was then given to the court by the serving state attorney and signed by the defendant. The certificate of deposition states:

Date 02/05/2016 - Pled guilty & sentence imposed PG240.20 (disorderly conduct, a violation and not a crime)
Conditional discharge = 1YR
Community Service = 5D

Other charges 155.25 and 165.40 (Larceny & handling of stolen goods, which we already know about).

I see so how can they show evidence of rehabilitation then. It was a caution showing on the ACRO, nothing else. A caution in the UK is a warning and nothing that serious really.

[inadmissible]

Larceny with a sentence imposed for a year or more is considered an "aggravated felony" under immigration law - a separate ground of inadmissibility that has a very high hurdle to overcome in waiver applications. In fact many aliens negotiate their sentences to 364 instead of 365 days to avoid this bar

A UK caution, like a US citation, is an uncontested accusation of essential elements of the underlying crime. While cautions and tickets have little practical consequence to citizens when voting, getting a job, etc; it has serious repercussions for aliens in the United States, because for immigration purposes it is no different than a complete conviction on those grounds

Your partner does face a very high hurdle in gaining permission to return to the United States ever again. That isn't to say it is impossible, but it simply may not be worth the effort . You should make alternative plans