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Ask Guillermo Senmartin Your Own Question
Guillermo Senmartin
Guillermo Senmartin, Attorney At Law
Category: US Law
Satisfied Customers: 111966
Experience:  Over 12+ years of experience in various areas of U.S. Law and 15+ years of experience in U.S. Immigration Law..
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Joshua, I would like to know whether it is possible to get a visa a

Customer Question

Hi Joshua,
I would like to know whether it is possible to get a visa as a visiting student to the US, even though I was refused a tourist visa a few months ago solely due to a police caution for possession issued 4 years ago. The consular at the American embassy recommended me for a waiver of ineligibility as it was a one off offence, however as I did not hear back from the embassy for 6 months, after checking the status of my visa application online, I just found out that it has been refused. It's hard to know what I could do differently in order for my application to be accepted the next time, as they haven't provided me with any feedback. Would it increase my chances of success if I were to first apply to the university that I wish to visit so that I have a secure place before I apply for another visa? Any advice would be much appreciated...many thanks.
Submitted: 2 years ago.
Category: US Law
Expert:  Guillermo Senmartin replied 2 years ago.
Hello! My name is***** and I am a licensed attorney with more than 13 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help. You sure it was only a caution? Was it only one offense? What was the type of drug? In what amount?
Customer: replied 2 years ago.
Hi Guillermo, of course I am sure it was just a caution. It was a one-off offence and it was a class A substance. Unfortunately it was a situation of being in the wrong place at the wrong time, as the substance was not mine, but I was advised to take the caution to avoid going to court.
Customer: replied 2 years ago.
I am hoping that I was refused because I had applied for a tourist visa, so I can only hope that once I get an offer for a research placement in the US that this might increase my chances of getting a visa (as a visiting student researcher). Is this the case? Is there anything else I should consider doing before I apply again? I would also not want the lab that I apply to work at to find out about this on my visa application. Would the university have access to this kind of information if they provide me with an invite to come out there?
Expert:  Guillermo Senmartin replied 2 years ago.
I still need to know what type of drug it was and in what amount.
Customer: replied 2 years ago.
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Customer: replied 2 years ago.
it was mdma, 5 grams
Expert:  Guillermo Senmartin replied 2 years ago.
Ok. You shouldn't need a waiver because technically you do not have a conviction for immigration purposes as long as you did not admit to the essential elements of the crime. If you did admit to the essential elements of the crime, then you will need a waiver. You would have to file for a B-2 visa which can be found here: And you would need a 212(d)(3) waiver which can either be done by the immigration officer at the interview or after just on their computer (take a look at this link): You can find more information here:,0930-labrie.shtm The same thing if you were to apply for a work visa, you can most likely avoid your employer finding out, but you would need to request a waiver at the U.S. Embassy. My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions and there is no additional charge. Also, should you need to chat on the phone, private email or need help reviewing documentation, I am happy to do so for a small additional cost. Let me know if you are interested in these – I am happy to give you more details! When we are done, if you would be so kind as to leave a positive rating for my service, I would sincerely ***** ***** You can do that by clicking on the 3rd, 4th or 5th stars if you see them, or the smiley faces if you see them. You can even ask additional questions without additional charge even after leaving a positive rating. Thank you for your understanding.
Customer: replied 2 years ago.
I think you have misunderstood my question. I already applied for a B2 visa and was denied it. I am now looking to apply for a J1 visa to carry out longer term research in the US. I am asking what I can do differently as it was denied the first time because i did need a waiver of ineligibility contrary to what you have stated. I was told at the embassy that a caution is equivalent to an admission of guilt, which is of course not the case in the UK, and I was asked details so I had no other option than to disclose these details.
Customer: replied 2 years ago.
Just to clarify, the B2 visa is tourist plus business. I would not be coming as a tourist at all if I am granted a visa therefore I would need the J1 visa - though I'm sure you know this already..
Expert:  Guillermo Senmartin replied 2 years ago.
B1/B2 is the business and pleasure visa. They are often given together. As to my previous statement, I did specify that IF you admitted to the essential elements of a crime when you took the caution, then you would need a waiver. Here is a link to a good article: So let's assume that you will need a waiver. My previous response remains the same. If you are applying for a J-1, you will need a waiver to go along with it. Also, as I stated before, you should be able to apply for and get the waiver without your employer knowing since you can request the waiver in person at the U.S. Embassy without a specific form to do so. Let me know if you need anything else, but please do not forget to rate me positively. You can do that by clicking on the 3rd, 4th or 5th stars if you see them, or the smiley faces if you see them. Thank you!