Exploring the non-immigrant waiver
IDear Mrs Walker-Huntington, TRAVELLED to the United States of America (USA) in the 1990s and got into problems with the law in trying to help my family financially. I was caught with cocaine at JFK Airport and spent two years and six months in prison before being deported.
I am now 60 years old and, for years, a married businessman. I own two construction companies. My father has since died in America and I was unable to attend the funeral. I also needed to clear up some of his business but lost out because of my own stupidity.
From that incident with the law, I never applied for a visa. Is it possible for me to now get a visitor’s visa to go to the USA?
– T.B.
Dear T.B.,
A conviction for a controlled substance (such as cocaine) is treated very severely by US immigration laws.
There is almost no waiver for such a conviction if you are in the United States – except in rare instance, for example, if you had less than 30 grams of marijuana.
In your case, you may have been charged with possession with intent to distribute or trafficking in a controlled substance. Either way, you have a conviction for more than simple possession of a controlled substance.
As such, you would have been deported either as an aggravated felon and/or one with a controlled substance violation.
You would not be able to return to the
United
States as a permanent resident because you are permanently barred, and there is no waiver of that bar to return. This is so even if your deportation documents say you are barred for five, 10 or 20 years. That bar pertains permission to request to return and not to your eligibility to return to the United States.
Theoretically, however, you could apply for a non-immigrant (visitor’s visa) visa because everyone is eligible to apply for a non-immigrant visa – you would be required to apply with a non-immigrant waiver. You would certainly speak to your life since your deportation, etc, in your waiver, but the waiver is discretionary and it would be up to the consular officer to grant or deny the waiver. If denied, you are entitled to request a review of the consular officer’s decision.
If you truly desire to visit the United States, you should certainly explore the non-immigrant waiver.