ilikeitlikethat

I haven't been since 2004.
And even then it wasn't my first time, but that was then, this is now.

I was denied because I told the truth.
I mean, this is better than lying and finding out it's known because of my trip.

In 2016 (recent) I was cautioned for possess a controlled drug of Class B - Cannabis / Cannabis Resin in contravention of section 5 of the Misuse of Drugs Act 1971.

In 2017 (even more recent)
I pleaded guilty to the offence of Drive a motor vehicle otherwise than in accordance with a license - endorsable offence contrary to section 87 of the Road Traffic Act 1988 and Schedule 2 of the Road Traffic Offenders Act and received/paid a fixed penalty. I got my car back from the impound but I lost the insurance so had to scrap it and pay a fine for not insuring it the other day. (just now became square with the police again and they've had their way with me and my money and my car and when I paid it off, they thanked me and closed the file)..

I'm not even worried about a possession caution over an ecstasy tablet I received years ago because that has expired and I got me a fresh new caution for pot. - I won't say nothing about this unless it's there on my ACRO.

I wonder what's the point of attending rehab if my vacation was meant to be in Oregon at a private mom and pop I've found who told me they don't mind as long as I pay and they have smoking rooms.
I want to break no US law at all and smoke like I was in Amsterdam only happier to be in America for my 16 day trip.

I'm saving up to buy nice guitars with a budget between $6, 000 to $9, 000 (for 2 guitars) go shopping.
I'm saving up to make this all happen.

So I bought my day trip to Portland from Eugene (will like to visit Track Town USA), watch American TV getting high in my room comparing Oregon to Amsterdam vacations, run Pre's Trail (Eugene)... And in Portland, I want to go guitar shopping so I'd know if I want a guitar from there or Eugene...
Portland, OR likes to keep it weird, so I'm wondering, nice guitar I like (Gibson Les Paul) or nice 'interesting weird/unique looking but nice guitar, to be my Oregon guitar.

My trip has me in Oregon for 9 days, on a train for 2 days and in Wisconsin for 5 days, sobering up from the pot in Oregon (I know not to take pot across state lines)... Obeying the law... book with Amtrak to leave Oregon to go to Milwaukee where I plan to get a taxi to the hotel I want in Waukesha, and buy a nice guitar in / near Les Paul's home town (most likely a Gibson Les Paul) and then pay the airline $670 (I already know the price) for extra baggage.
I get 1 bag I want to leave the UK with 2.
I want to have one bag be as good as empty (so I'm looking to pack my suitcase, and then distribute my items between the two so when I'm in America and it's time to come home to England, I can fit all my belongings from England in my first suitcase and all the gifts and the t shirts and post cards and whatever I find and buy and can pack into the other.
So that's £77.00
Coming home will be me and my 2 bags from England plus these 2 guitars. $670 for 3 extra bags.

I don't even plan to drive because I haven't got a license and was looking forward to taking the bus, calling taxis when need be (for crates of soda from Walmart to the mom and pop) (and to safely transport me and any nice guitars after purchase) (and for all airports and stations with all my luggage and me) (Maybe even I can use a taxi for an excursion from Portland)?...

So I applied for my ESTA, spent $14.00 and answered no to Question 3.
I hoped it meant conviction, I got approved, then I thought, I don't need to hope, I got cautioned, they have it, spent another $4.00 to undo my $14.00 and I'd applied again with the correction (hopefully they won't care).. Authorized Denied... Better to find out now than in America, getting denied, detained, and sent back home and sued by the airline for the flight).

So I have to get a visa.
B-2 Nonimmigrant Tourist Visa

This sucks... Not this trip - but the US in general, I have family there, my brother became a resident, my sister followed, they have families on the East Coast, my sister became American first, followed by my brother who moved to America first... So...
This sucks.

I just plan to, as ever, play ball.
I'd rather get let into America being me than sweating at immigration over things I've pack to legally smoke pot in Oregon at a border in another state before my connecting flight...

I take solace in that I have no jail time and have never hurt or robbed anybody and I want to let everybody who needs to know who I am and, where I intend to be in America (both in Oregon and Wisconsin) and what I intend to do there.

So my ACRO is my police record, I'd need this.
This needs a Passport Photo, I have one that's valid, I just don't like it... but cost me £6.00 a go now.
I'd need another sized photo for the Visa which cost £8.00 now.

I have a neighbour who I'm chummy with who knows who I am and lucky for me he's also my Councillor and they are acceptable people to the police to endorse my photo on my ACRO application.
I emailed him last night if he could do this for me and if he charges a fee for this service but I don't expect a reply until at least after the bank holiday).

My ACRO must be at least 6 months of my US embassy appointment will cost me £45.00
My B-2 Visa will cost me $160.00

I also have to fill out my PDF (Personal Data Form) but I want to get my ACRO back first (10 days).
So I'm getting people to endorse my photo - stage.
Next stage is submit and pay and wait for my ACRO.
Stage 3 is use ACRO details to fill out PDF to best of my ability.
Stage 4, book appointment with the embassy to explain myself to the embassy and hope.
My passport expires over 6 months after I intend to come back to England.







Has anyone ever had to do this?
What did they have to do to get a B-2 Visa to enter America honestly and free of fear all square with the UK and US?

tom169

What a novel.

I will say that even if something is not on your ACRO, you still need to be honest about it.

TLDR:

Noorah101

Wow, that's quite a story and a lot of unnecessary details. Yes, many people have had to get a B-2 visa after a denied ESTA. I'm not one of them, but I've read lots on this forum.

I'm sure you don't need your ACRO to fill out the personal data form. You already know all your personal details.

Make a visa interview appointment and bring everything to the interview. At the interview, don't have verbal diarrhea like you do here.

Rene

mikelincs

It matters not that you were hoping to go to a US state where cannabis is legal, visas are federal, and as far as federal law what you need to satisfy to get a visa, then you would never have been able to get a ESTA, and remember that as far as visas are concerned US law does NOT accept that convictions have expired, and they will need to see details of all of them. Given that your most recent drug conviction was only a year ago, then you should be prepared to have your visa application refused for a few years.

ilikeitlikethat

No convictions, just cautions.
I've never had a drugs conviction.

The closest I've had to a conviction of any sort was that fixed penalty for that traffic offence.

Pulaski

Wow, there's lots there to comment on.

I am pleased to see that you place so much emphasis on being honest, that is important. .... So you should be aware that (i) the US does not recognize the idea of convictions becoming "spent". Per US law, once convicted, always convicted. And (ii) under US law a caution is a former of conviction - a caution means that you admitted a crime, therefore it must be disclosed as if you had actually been convicted.

ilikeitlikethat

I have never been convicted, just cautioned instead.

Does this matter?

I mean, I've read the PDF, it asks how long I've been to jail for *I didn't need to fill that section out because I've never been convicted or sentenced.
But this leads me to believe that people who have still get to go to the US if it's a minor offence... but, IDK.

Noorah101

No.

But did you spend any time in jail?

Correct.

Rene

ilikeitlikethat

No, only while they processed me at the police station in a cell. Released on police bail, got a caution as the result.
It wasn't prison (or jail), it was a holding cell at the station for a couple of hours.

Noorah101

My layman's understanding is that a caution is viewed as a conviction for immigration purposes.

Rene

Noorah101

So wouldn't the honest answer to that question be "x number of hours"?

Rene

ilikeitlikethat

UK Police Cautions/Warnings and US Immigration Law | British Expatriate Community
hmmm...

ilikeitlikethat

It says in that link I've found

II. UK Cautions/Warnings Defined

Below are three UK out-of-court dispositions particularly relevant to US immigration law:
i) Simple Police Caution. A simple caution is a formal notice from a police officer that a person has committed an offence. Under current policy, the individual will generally be fingerprinted and photographed. The police will likely offer a caution if it is a minor offence and usually if there is no other criminal history. The police can only issue a simple caution if the person admits to the offence and agrees to be cautioned. If the person refuses the caution (e.g., denies the offence), then formal criminal charges will be brought against the individual.

ii) Conditional Police Caution. A conditional police caution is the same as a simple caution in all respects, including an admission to the offence, except the individual is subject to certain conditions. Failure to comply with the conditions will result in formal criminal charges being brought against the individual.

iii) Cannabis Warnings. A cannabis warning is not a caution, but a verbal warning by a police officer to a first-time offender possessing a small amount of cannabis for personal use. The police cannot give the formal verbal warning unless the person admits ownership of the cannabis. The police officer will record that the individual has admitted to owning the cannabis and will be asked to sign this record. Warnings will show up on an ACRO report and will need to be addressed for purposes of US immigration.4

The consistent element in all of these UK out-of-court dispositions is that the individual must “admit” to the offence. As discussed below, whether the admission under UK law qualifies as an admission under US immigration law requires a case-by-case analysis.

III. UK Cautions/Warnings Are Not “Convictions”

A “conviction” for purposes of US immigration requires (i) a formal judgment of guilt entered by a court; (ii) or if adjudication is withheld: a finding of guilt by a judge or jury, a plea of guilty or nolo contendere by the alien, or admission of facts from the alien sufficient for a finding of guilty; or (iii) the imposition of some form of punishment by a judge.5

Based on this definition, UK police cautions or warnings do not qualify as convictions for purposes of US immigration. On April 9, 2014, the US Department of State’s Visa Office agreed. The reasoning being that there is no official court or judicial action. However, as explained below, the absence of a “conviction” does not preclude a finding of criminal inadmissibility for purposes of US immigration.

^^^^^
I think this text holds the answers I'm looking for, but I just have to find it in that body of text from that link and, see what my ACRO says and my whole record in general.

Pulaski

I think that answer is misleading. Idiomatic usage in England would interpret the "No." as "The caution is unimportant" when in fact the correct answer is that, from a US immigration and visa perspective, a caution is equivalent to a conviction.
Which is what you later restated in post #10.

ilikeitlikethat

I'm not mistaking no to mean unimportant when I got from that (the guy from England in question here) to mean no difference between a caution and a conviction being really important.
However, a body of text on the matter from this very site says the US doesn't view these as convictions at immigration.

The correct answer is, UK cautions aren't viewed as convictions by the US and are judged by a case by case basis.
According to the link from this site tonight.
Which is against what I'm to believe if cautions and convictions are the same.