Other Immigration Law *DENIED* US Visa from European country**HELP PLEASE

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margaritarocks

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Hello,

My brother in law was denied a US Visa today from one of the remaining European countries that still require a visa to enter the US.

Here's the situation:

He was young and stupid once and got arrested for being a passenger in a car with a *copious* amount of marijuanna. He went to court and they tried him as a "user" and he got 5 years probation. This happened 10 years ago. He is now older and wiser has a job, doesn't smoke pot anymore, etc.
When he filled out his visa application he admitted to the arrest and at the interview they requested the police report and court papers. He brought them the next day and due to the excessive amount of marijuanna in the car they denied him a visa. (I thought we were allowed to learn from our mistakes and carry on in a law abiding way and not be penalized for something that was resolved by a court decision 10 years ago!) Anyhow, they said he would have to show more proof of continued ties to his country - ie: get married, have children, etc. (Who knows when that's going to happen...my goodness it's only just happened to me and I'm much older than him.) Why is it assumed by the US that people will stay here? Isn't it plausible that people just want to see and experience another country?
They gave him one option and that's to apply for an Ineligibility Waiver (which costs $545). By the way he already bought his ticket which was a RETURN ticket for 34 days.

ALSO, his country is soon entering the Visa Waiver Program for the EU. Will all of this be moot once it goes into effect?

Can anyone offer any advice? He's my husband's kid brother and we are sooo upset over all of this.

Thank you so much!
 
The reason why the US government assumes people will come here and stay here is because they do. We have a tremendous number of illegal aliens in this country. It's scary for them but, to many, the choice of being here versus returning to their country leaves them with the clear choice that it's better to live here illegally than to go back and try again. They view the US as an escape to a better life and, in many instances, I can't disagree.

With regard to the ultimate issue, I don't know what can be done but this reply is late and the situation is probably resolved. You can read more about ineligibility waivers here.
 
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