Results 1 to 3 of 3
  1. #1
    Join Date
    Aug 2009
    Location
    Netherlands Antilles
    Posts
    3

    Question Denied Visa Waiver

    I am from the Netherlands Antilles. I fell under the visa waiver program. In March of 09 i was arrested for cannibus possesion while on business in the us. I was in posession of 3 grams. I was in court the following day and the judge told me i shouldnt have any problem getting back into the country. I was informed that the court costs would be mailed to my us adress. I left the us and when i came back on business after 2 weeks i was detained at the airport and sent back the following day to my home country. i filled in no to have you ever been arrested on the green form. partly because the judge told me i wouldnt have a problem and part because i felt a misdemeanour possesion woulndt count. however i was wrong and when questioned by the officers in secondary i did have the yellow paper to show them that i was arrested on my previous trip.
    I was told i had to apply for a waiver and then a visa in order for me to come back into the country.
    a month later When i went to apply for the waiver i was told it takes 3 weeks to come back from washington. they called me in 3 weeks and told me to come for a second interview. when i went they told me i have been rejected because the time i applied is too close to the crime. when i asked how long do i have to wait they had no answer for me.
    i used to travel every 3-4 weeks to buy merchandise for my business. i had letters from suppliers in the usa that proved that i have been a buyer for a long time
    my question is when can i apply again?
    my father who had one foot in the retirement door has been forced to come back to the business and continue the buying of merchandise for my business. I feel so bad for the pain i have caused my business and my family.
    I was under the impression that i had to wait for the letter to arrive at my us adress in order for me to pay the court costs. it was only after i was sent back home i realised i could pay via ccard which i did right away.
    another question i have is did i lose my visa waiver rights when i got arrested or did i lose it 2 weeks later when i came back into the country without paying my court costs?
    Please help
    Thanks

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Denied Visa Waiver

    another question i have is did i lose my visa waiver rights when i got arrested or did i lose it 2 weeks later when i came back into the country without paying my court costs?
    You lost them when you got arrested, and now must apply for a traditional visa in order to re-enter the US.

    You didn't help yourself any by lying about your arrest - this will have been noted, and will cause you some troubles.

    There is no magic waiting period after which you may apply and be admitted again. I would suggest you wait 6 months and try again. If you're denied again, you may wish to speak to an attorney specializing in immigration law to help you sort out your options.

  3. #3
    Join Date
    Aug 2009
    Location
    Netherlands Antilles
    Posts
    3

    Default Re: Denied Visa Waiver

    thank you so much for your reply
    i have contacted an immigration lawyer and paid a retainer fee.(2500) she then asked me for a list of documents ranging from birth certificated of my entire family marriage licenseof my parents bank statements i send her all the documents and its been almost 2 months and i havent heard nothing. my plan was to wait one year untill may and theh apply again, unless i hear from my immigration lawyer before
    i originally contacted a lawyer becausei wanted to know if the lawyer could some how check my file to see if there is a ban for some amount of time on my file the lawyer told me that it is possible for her to do that.... is thattrue?

    one more question i have pls... can i get tested for cannibus use when i go apply again? i have stopped for 4 months now and i havent touched a thing, but im curious to know if the embasssy will drug test me... basically if i smoke in my own country is that grounds for not letting me back in?
    thanks again

    1. Sponsored Links
       

Similar Threads

  1. J Visas: Options for J1 Visa Holder After Two Year Requirement Waiver is Denied
    By cds in forum Visas for Business, Tourism and Family
    Replies: 3
    Last Post: 07-07-2011, 02:04 PM
  2. Visa Waiver Eligibility Afer Visa Denial
    By mccheito in forum Immigration Issues
    Replies: 2
    Last Post: 06-14-2010, 11:06 AM
  3. Unlawful Presence and Overstay: Overstayed a B2 Visa for 6 Years, then Re-Entered with a Visa Waiver
    By danlek2330 in forum Immigration Issues
    Replies: 2
    Last Post: 12-08-2009, 02:17 AM
  4. H Visas: Approved I-797, Visa Denied, Waiver
    By beton99 in forum Visas for Business, Tourism and Family
    Replies: 1
    Last Post: 10-01-2009, 08:50 AM
  5. Removal (Deportation) and Reentry: Reentry After Being Denied Entry Over Visa Waiver Violation
    By paoletta_italy in forum Immigration Issues
    Replies: 1
    Last Post: 05-26-2008, 07:10 AM
 
 
Sponsored Links

Legal Help, Information and Resources