mulfyfunkera

Hi,

I am travelling to the USA at the end of August and didn't realise that a crime i was convicted of over 5 years ago could come back to haunt me.
I was convicted of possession of a Class A Drug and was sentenced to 100 hours community service. As i understand it this conviction is now classed as spent. i understand that even spent convictions must be declared.
I know you must hear this question all the time but what will be the chance of getting a Visa granted with this conviction? and will i be able to go through the process before the end of august. All adivce and commets will be appreciated, and if you need any additional info just ask.

Many Thanks
Andrew.

yorkieuk

The US takes drug convictions extremely seriously. The fact that it was class A does not bode well.

Have you had a consultation with an immigration attorney?
Have you already booked/paid for flight/hotels etc?

ian-mstm

Umm... no, you aren't.


With some convictions, there is zero chance of getting a visa, and zero chance of getting a "waiver of inadmissibility" (feel free to use Google). Drug convictions are at the top of the list of reasons the US does *not* issue visas. You should have a consult with a US immigration attorney so that he can take an objective look at your record. By the way, the punishment you received is irrelevant. What is important, is the maximum penalty you could have received. You *will* need an ACPO certificate.

Sorry... not trying to be harsh, just realistic.

Ian

mulfyfunkera

Yeah the flight has been booked, staying with a friend so no accommodation costs. Will it not be in my benefit that it was some time ago? No i haven't got a solicitor, do i need one and will it make a difference? I thought I Just had to fill out some forms and go to the US emb for an interview, with the correct documents, and obviously pay the fee's and then it's in thier hands to make the decision?

Yes i have applied for a ACPO.

The maximum penalty is 7 years.

yorkieuk

Due to your conviction you are ineligible for the visa waiver program so will have to apply for a B2 visa through the US embassy in London/Belfast.

Your B2 will certainly get denied based on the information on the ACPO. And as Ian said you may not even be eligible for a waiver. It could be a flat out denial.

5 years is not that long ago. You should really have a consultation with an immigration attorney who is experienced in waivers etc

I would look into getting a refund on that flight though.

ian-mstm

If it was 15 years ago, yes... it might make a difference. But 5 years? No.


It might, yes.


You do *not* want to go to an interview without an attorney present. You have no idea what you're getting yourself into if you go alone. Drug convictions, as I said, top the list of really bad things! Now, that said, I suppose the worst that could happen is that you do not receive a visa and will never be allowed to enter the US even as a visitor. I mean, you're not going to wind up in prison or anything.



Sorry, but things don't bode well. A drug conviction is *extremely* difficult to overcome! I mean this sincerely... you likely will not be visiting the US anytime soon.

Ian

crg

I'd put the chances somewhere above zero for a nonimmigrant waiver. It is possible. Some people have received nonimmigrants for controlled substance trafficking within 7 or 8 years. It's tough to know all of the criteria they use to decide. I would estimate that getting the waiver would be unlikely, but not impossible.

How long has it been since you have finished all parole, probation, incarceration, community service?

mulfyfunkera

It has been 5 years since I completed the community service. I didn't realize it would be so difficult to obtain a Visa. I could understand for more serious crimes, but for one slip up when I was 19….. I am now a successful IT professional, who is a home owner. Do they take these factors into account?

crg

They do take those factors into account. They supposedly have a minimum amount of time that they want the applicant to have where they have had no problems before approving a waiver. I've heard it's at least 3 years.

What kind of drug are we talking about?

mulfyfunkera

I was caught with MDMA. Although when I got caught I wasn't entirely sure what it was as a friend asked me to look after it. I never opened the drugs or handled them; they were left in my car. As police never found finger prints to confirm I was handling it, and the courts believed it wasn’t mine they gave me a relatively small sentence.

christmasoompa

You just need to research the US's position on drugs to find out that your conviction is considered a *very* serious crime there. There are few more serious crimes in the eyes of US immigration than a class A drug possession, which is why everybody is being less than optimistic of your chances of visiting.

I recall a column by Bill Bryson once on the same subject, and he was saying that a long time friend of his, who was in his forties, had been threatened with jail after failing to disclose a drug conviction on a job application. The job, I seem to recall, was a postman, and the conviction was for smoking a joint when he was a teenager - but they still refused him a job and threatened him with all sorts when they found out.

mulfyfunkera

How could i find out what americans stance on possession MDMA is? as in each state it seems to be different?

crg

It's a controlled substance conviction. State law doesn't matter. Whether it's one joint or a bunch of tabs of ecstasy, the conviction means that a waiver is required. The decision to grant the waiver or not is a matter of discretion.

mulfyfunkera

It appears that the stance on MDMA isn't particularly harsh, in california at least. A maximum sentence of 1 year in prison, thats considerably less then the UK.


California Punishment for MDMA ("Ecstasy") Offenses

Possession of MDMA

A person convicted of possessing a personal use amount of MDMA in California faces a maximum of 1 year in the county jail or state prison. It is almost unheard of for a judge to actually impose such harsh sentence. If the person meets six criteria the prosecutor is required to refer the case to Diversion. The six criteria for Diversion are:

(1) The defendant has no conviction for any offense involving controlled substances prior to the alleged commission of the charged offense.

(2) The offense charged did not involve a crime of violence or threatened violence.

(3) There is no evidence of a violation relating to narcotics or restricted dangerous drugs other than a violation of the sections listed in this subdivision.

(4) The defendant's record does not indicate that probation or parole has ever been revoked without thereafter being completed.

(5) The defendant's record does not indicate that he or she has successfully completed or been terminated from diversion or deferred entry of judgment pursuant to this chapter within five years prior to the alleged commission of the charged offense.

(6) The defendant has no prior felony conviction within five years prior to the alleged commission of the charged offense.

Ray

LOL...very funny ...One day we will get a guilty person on
this forum... to date everyone has been innocent
even the weaner waggler