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I would like to take my kids to Florida.

However, I had a tourist visa refused a few years ago because I have intent to supply class B drugs (cannabis) around 7 years ago. My application was denied around 4 years ago but I am looking at applying again even though I know it is more than likely going to be the same response.

My question is do you think I am wasting my time given the seriousness off the offence and that it is a crime that involves moral turpitude, I do have another conviction which was back in 2004 for escaping lawful custody whilst under arrest, however I was granted a tourist visa for this charge in 2011 and went to Florida and Las Vegas, however this visa expired and because of the new offence I was rejected.

Will the consular take into account the time of the last offence and the face that I now changed my life around completely running a multi million pound business and property development company, or am I simply just clinging on to a dream that will never happen?

Note - I realise I was an idiot for what I did and I have and still am paying the price for my stupidity.

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    Were you denied your visa due to the ban, or due to immigrant intent, or both?
    – user102008
    Commented Dec 3 at 17:18
  • I was refused under section 212a crimes involving moral turpitude and violation or conspiracy to violate any laws or regulations relating to controlled substances
    – Liam
    Commented Dec 4 at 15:04

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You have bans for CIMT (under INA 212(a)(2)(A)(i)(I)) and/or controlled substance violations (under INA 212(a)(2)(A)(i)(II)), and maybe also for multiple convictions (under INA 212(a)(2)(B)). These are all lifetime bans. To go to the US as a nonimmigrant, you would need a nonimmigrant waiver under INA 212(d)(3)(A).

Since you are of a nationality that needs to get a visa to travel to the US, the path to a nonimmigrant waiver is to apply for the nonimmigrant visa. Then, if it is denied solely due to the bans, and not due to immigrant intent (INA 214(b)), and also if the visa officer recommends you for a waiver, they will let you know about the process to apply for a waiver. If you are also denied for immigrant intent (which is a common reason to deny nonimmigrant visas, even if the person didn't have any negative history), there cannot be a recommendation for a waiver, since immigrant intent cannot be waived. See 9 FAM 305.4-3 for more details on nonimmigrant waiver recommendations.

I can't really speak to the chances of getting a waiver.

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  • Hi, Thankyou for this information it has been very helpful. I had my interview yesterday and I have been recommended for a waiver of inadmissability, which the home office need to approve. I have been told that this is around 9 months for them to make a decision. Do they usually not agree with the consular that has recommended me or do they usually agree with them? Thanks
    – Liam
    Commented Dec 10 at 10:58

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