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Application for TRV with a USA visa that States Waiver for Drug USE

sixthsense

Newbie
Apr 14, 2014
6
0
Hi There Guys

I have been asked to come to a meeting at our offices in Canada and I am concerned about my visa application.
When I applied to visit the USA i admitted to having used Drugs for recreation in my 20's.
I now have the following information in my passport printed on the American Visa.
Waiver for
212(D)(3)(A)(i): 212(A)(2)(A)(i)(ii)

Under INA §212(a)(2)(A)(i)(II), aliens who have been convicted of, or who admit to having committed, or who admit to committing acts which constitute the essential elements of a a violation or conspiracy to violate any law or regulation of a State, the United States or a foreign country relating to a controlled substance as defined in s. 102 of the Controlled Substances Act. An attempt or conspiracy to commit such a crime is included in this ground of exclusion.

I need to know how I should proceed with applying for my visa.
Must I say I am a criminal and get a police clearance certificate? ( I have never been arrested for anything or have any record what so ever)
If I do not say I am a criminal will my american visa's waiver affect the decision made by the Canadians?

I have a family here in South Africa (wife and 2 kids) and I own property so I have lots to comeback too in South Africa.

please can anyone give me advice on how to proceed and give me an indication of the Time scales if I say I am a Criminal.

thanks

:-\
 

scylla

VIP Member
Jun 8, 2010
95,848
22,113
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
No - you should not say that you are a criminal. You were never charged or convicted. You just admitted to recreational use.

You will have to state in your application that you were denied a US visa. This is the part that could hurt you in your application for the Canadian visa.
 

sixthsense

Newbie
Apr 14, 2014
6
0
Thank you Scylla

Technically I wasn't denied a visa. I weant through the application process and the usa granted me my visa. It just took a little longer than usual.
If all goes well with my canadian visa I'll travel from south africa through the usa.

Cheers

PS. Does anyone have a second opinion? thanks
 

sixthsense

Newbie
Apr 14, 2014
6
0
Just as an update to this I have submitted my application today through the online process.
I will wait and see and update on timelines as I go. :)

thanks
 

sixthsense

Newbie
Apr 14, 2014
6
0
Recieved email today that application was updated.
I assume this means someone has accessed my application as nothing has changed when I logged into myCIC
 

sixthsense

Newbie
Apr 14, 2014
6
0
Yesterday, the 8th of May, I sent a request for my application to be prioritized using the case specific contact form.
this morning, the 9th of May, I had a request for documents on MYCIC and an email from the embassy stating that there was a request for documents.
When I checked it was a request for a Police Clearance certificate, These take 3-4 weeks and longer to get in south africa so I will definitely not make the "required by" date as indicated on MyCIC, of the 9th of May 2014.

As such I must say that for Anybody who has a Waiver attached to there american visa for past drug use I would advise you to plan well in advance and have a Police clearance certificate handy when applying.

Hopefully once this is all complete I will have a visa for future travel.
 

smartlife

Member
May 9, 2014
15
0
Sixthsense

The policy of CIC per the website is that when they request for any additionally information within a timeline and you fail to provide they will assess your application based on current data available. In your case it would be good to show you have applied for one and will get it in 3-4 weeks and attach a letter of explanation requesting for more time to provide the same or explaining them your whole situation in full stating you were never charged for anything

Regards
 

sixthsense

Newbie
Apr 14, 2014
6
0
Smartlife,
thank you so much.

I will try and write a good letter this evening and submit it via the application specific inquiry form.
I have scans of the receipts and fingerprints so I will include those.
I will feedback any results I receive.
I have been told by my company that if it takes longer I can go in July so I will explain that as well.


thanks