Waiver Eligibility Question

JD posted

Hello,

I stumbled across this site while doing some research and thought I'd post my question here.

I don't require a waiver myself - I have a visa to live in the US. However, I have a close family member (Canadian citizen) who I would like to possibly be able to visit one day. But, they do have a bit of a long criminal record history, with some of the charges being serious ones.

Their charges that I know of:

1) Domestic assault (Several - long story for them with this one with their ex wife repeatedly calling police for frivolous reasons when attempting to visit their children.)

2) Drug trafficking (two charges for this, one for weed and one for a pill).

3) Either a sexual assault or rape charge. I'm not sure 100 percent what they were convicted of here, but for the sake of this thread, assume the worst case scenario. (Their situation was that they and a girl got drunk, had relations, next day girl regretted it....I know everyone says they're innocent, but that's they're story....This charge was maybe 20 years ago).

Their last charge was going on ten years ago now.

So, I was wondering, does a person with a criminal history like this have any chance at obtaining a waiver? I wasn't sure if US federal law automatically requires the agent reviewing a waiver application to deny applicants if they have certain charges like the sex charge or drug trafficking, regardless of how much time has past and regardless of how much of a reform life they've decided to turn to.

Thank you for any assistance.

JD

Hello,

Thank you very much for your response. How long have you currently been waiting for an outcome on your waiver?

And if anyone else could weigh in with additional insight, it would be greatly appreciated.

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