Advice - Stupid Mistake
Jan 5th 2020, 11:05 am
#1
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Advice - Stupid Mistake
Hi guys,
First off I would like to thank anyone that helps me out here as I know from searching all weekend a lot of these questions are asked.
I have been to the US under 2 ESTA visas over the last 4 years for short work visits. All fine no issues, didn’t pay that much attention to the process and ignorantly followed U.K. based rules - spent convictions etc.
Fast forward to today and I have the opportunity for a company sponsored L1B to move up the ladder and be based over there. All weekend I’ve been actually sick with disappointment due to the stupid mistake I’ve made in terms of the ESTA I’ve been using and the different rules of spent convictions etc. This is all on me and a stupid mistake.
Ive ordered my ACRO and should be here by Wednesday but I’m sure it will show no live trace due to a DUI 13 years ago and possibly a discharge for a breach of the peace - slightly grey as it wasn’t a charge as such.
Am I best even not going through with the application at all due to the mistake I made with the ESTA?
Thanks guys
First off I would like to thank anyone that helps me out here as I know from searching all weekend a lot of these questions are asked.
I have been to the US under 2 ESTA visas over the last 4 years for short work visits. All fine no issues, didn’t pay that much attention to the process and ignorantly followed U.K. based rules - spent convictions etc.
Fast forward to today and I have the opportunity for a company sponsored L1B to move up the ladder and be based over there. All weekend I’ve been actually sick with disappointment due to the stupid mistake I’ve made in terms of the ESTA I’ve been using and the different rules of spent convictions etc. This is all on me and a stupid mistake.
Ive ordered my ACRO and should be here by Wednesday but I’m sure it will show no live trace due to a DUI 13 years ago and possibly a discharge for a breach of the peace - slightly grey as it wasn’t a charge as such.
Am I best even not going through with the application at all due to the mistake I made with the ESTA?
Thanks guys
Jan 5th 2020, 1:08 pm
#2
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Joined: Jun 2011
Location: UK
Posts: 4,891
Re: Advice - Stupid Mistake
Hi guys,
First off I would like to thank anyone that helps me out here as I know from searching all weekend a lot of these questions are asked.
I have been to the US under 2 ESTA visas over the last 4 years for short work visits. All fine no issues, didn’t pay that much attention to the process and ignorantly followed U.K. based rules - spent convictions etc.
Fast forward to today and I have the opportunity for a company sponsored L1B to move up the ladder and be based over there. All weekend I’ve been actually sick with disappointment due to the stupid mistake I’ve made in terms of the ESTA I’ve been using and the different rules of spent convictions etc. This is all on me and a stupid mistake.
Ive ordered my ACRO and should be here by Wednesday but I’m sure it will show no live trace due to a DUI 13 years ago and possibly a discharge for a breach of the peace - slightly grey as it wasn’t a charge as such.
Am I best even not going through with the application at all due to the mistake I made with the ESTA?
Thanks guys
First off I would like to thank anyone that helps me out here as I know from searching all weekend a lot of these questions are asked.
I have been to the US under 2 ESTA visas over the last 4 years for short work visits. All fine no issues, didn’t pay that much attention to the process and ignorantly followed U.K. based rules - spent convictions etc.
Fast forward to today and I have the opportunity for a company sponsored L1B to move up the ladder and be based over there. All weekend I’ve been actually sick with disappointment due to the stupid mistake I’ve made in terms of the ESTA I’ve been using and the different rules of spent convictions etc. This is all on me and a stupid mistake.
Ive ordered my ACRO and should be here by Wednesday but I’m sure it will show no live trace due to a DUI 13 years ago and possibly a discharge for a breach of the peace - slightly grey as it wasn’t a charge as such.
Am I best even not going through with the application at all due to the mistake I made with the ESTA?
Thanks guys
Jan 5th 2020, 1:27 pm
#3
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Joined: Apr 2013
Posts: 22
Re: Advice - Stupid Mistake
Driving while intoxicated - 400 GBP fine 12 month ban - May 2008 - DR10 on license - spent conviction
Breach of Peace - warning 2000 - spent conviction
One I’m not sure of was in 2014 when I got a conditional discharge for holding a cannabis joint at a festival. It said if I paid a penalty it would not go down on my criminal record.
Thanks
Jan 5th 2020, 2:48 pm
#4
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Location: UK
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Re: Advice - Stupid Mistake
Hey Materials, thanks for the reply.
Driving while intoxicated - 400 GBP fine 12 month ban - May 2008 - DR10 on license - spent conviction
Breach of Peace - warning 2000 - spent conviction
One I’m not sure of was in 2014 when I got a conditional discharge for holding a cannabis joint at a festival. It said if I paid a penalty it would not go down on my criminal record.
Thanks
The cannabis one might be problematic, depending on precisely what you were convicted of (if anything). Wait and see what turns up on the ACRO certificate. You can also try writing to the court that sentenced you and asking for a copy of their records on your case.
Jan 5th 2020, 3:33 pm
#5
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Re: Advice - Stupid Mistake
The first two offences are most likely inconsequential as far as both ESTA and a US visa application is concerned.
The cannabis one might be problematic, depending on precisely what you were convicted of (if anything). Wait and see what turns up on the ACRO certificate. You can also try writing to the court that sentenced you and asking for a copy of their records on your case.
The cannabis one might be problematic, depending on precisely what you were convicted of (if anything). Wait and see what turns up on the ACRO certificate. You can also try writing to the court that sentenced you and asking for a copy of their records on your case.
If it was a case of either saying ‘ halt the application’ or going down the road of my company being alerted to the fact I made a stupid mistake on the ESTA and had visited illegally I’d take the latter.
Jan 5th 2020, 3:48 pm
#6
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Re: Advice - Stupid Mistake
From my reading I thought similar. The main concern for me at the moment is the fact I was on ESTA twice when I should have answered yes to the conviction question. Do you see that being an issue? It was a genuine, all be it naive, mistake on my part but don’t think that counts for much.
If it was a case of either saying ‘ halt the application’ or going down the road of my company being alerted to the fact I made a stupid mistake on the ESTA and had visited illegally I’d take the latter.
If it was a case of either saying ‘ halt the application’ or going down the road of my company being alerted to the fact I made a stupid mistake on the ESTA and had visited illegally I’d take the latter.
The online search function appears to be broken, but you can contact AILA to try and find decent, reputable attorneys with experience in US immigration here: https://www.aila.org/about/immigration-lawyer-search
Jan 5th 2020, 3:52 pm
#7
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Re: Advice - Stupid Mistake
Nobody knows how the US authorities might view it when you present your case. Perhaps you could discuss your questions and concerns with your company immigration lawyer (presumably they have one to advise them on the L1B), or seek a consultation with an attorney of your own.
The online search function appears to be broken, but you can contact AILA to try and find decent, reputable attorneys with experience in US immigration here: https://www.aila.org/about/immigration-lawyer-search
The online search function appears to be broken, but you can contact AILA to try and find decent, reputable attorneys with experience in US immigration here: https://www.aila.org/about/immigration-lawyer-search
Making me sick all of this but it’s all on me at the end of the day. The ESTA thing was a genuine mistake as I would have had no issues going to an interview and explaining past mistakes.
Cheers
Jan 5th 2020, 5:11 pm
#8
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Re: Advice - Stupid Mistake
DUI is not usually a CIMT but the drugs issue strikes me as being the substantial issue, Unless the DUI was drug rather than alcohol related.
Jan 5th 2020, 5:54 pm
#9
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Re: Advice - Stupid Mistake
You might be OK on the conditional discharge. Did it make its way to court or did you just pay the fine by post/mail/online and that was the end of the matter?
Best thing you can do is call the court and ask for info on dispositions. If the court did not process the weed ticket and that's all it was, a ticket; then it most likely hasn't made its way beyond the local system and has not been entered in to the PNC.
Best thing you can do is call the court and ask for info on dispositions. If the court did not process the weed ticket and that's all it was, a ticket; then it most likely hasn't made its way beyond the local system and has not been entered in to the PNC.
Jan 5th 2020, 6:28 pm
#10
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Re: Advice - Stupid Mistake
The company have already allocated me an immigration lawyer but my thought process they are technically working for my company and not me.
Making me sick all of this but it’s all on me at the end of the day. The ESTA thing was a genuine mistake as I would have had no issues going to an interview and explaining past mistakes.
Cheers
In all probably, the transgression against the ESTA will be a non-issue as we have seem from a poster of not long ago. You might want to do a search for their post.
It doesn't matter who the attorney is "working for". The attorney is working to help get your work visa successfully adjudicated and it is in your best interest, as well as your employer's, to be upfront and honest with the attorney. Don't delay and schedule an appointment to talk with them about the ESTA and your criminal history.
As for "holding a joint", was that said word for word on the criminal complaint? Or that you were in possession of X number of grams of marijuana?
Jan 5th 2020, 6:42 pm
#11
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Re: Advice - Stupid Mistake
Why are you allowing this to "make you sick"? It is what it is. You can't change anything at this point but live with the consequences.
In all probably, the transgression against the ESTA will be a non-issue as we have seem from a poster of not long ago. You might want to do a search for their post.
It doesn't matter who the attorney is "working for". The attorney is working to help get your work visa successfully adjudicated and it is in your best interest, as well as your employer's, to be upfront and honest with the attorney. Don't delay and schedule an appointment to talk with them about the ESTA and your criminal history.
As for "holding a joint", was that said word for word on the criminal complaint? Or that you were in possession of X number of grams of marijuana?
In all probably, the transgression against the ESTA will be a non-issue as we have seem from a poster of not long ago. You might want to do a search for their post.
It doesn't matter who the attorney is "working for". The attorney is working to help get your work visa successfully adjudicated and it is in your best interest, as well as your employer's, to be upfront and honest with the attorney. Don't delay and schedule an appointment to talk with them about the ESTA and your criminal history.
As for "holding a joint", was that said word for word on the criminal complaint? Or that you were in possession of X number of grams of marijuana?
So you think the ESTA mistake will be a non event? Thanks for everyone else’s response. ACRO is submitted so I’ll receive it this week and let you all know the outcome.
I’ll also contact the immigration lawyer tomorrow and ask for a call to see what they think.
Thanks guys.
Jan 5th 2020, 6:52 pm
#12
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Re: Advice - Stupid Mistake
The drugs is the big issue.
Jan 5th 2020, 6:56 pm
#13
Joined: Apr 2005
Location: Milwaukie, Oregon
Posts: 9,965
Re: Advice - Stupid Mistake
It doesn't help much but I don't recall ever seeing a Breach of the Peace recorded on the PNC. It is just a promise to be good for a specified length of time, and is recorded at the court which deals with it.
Last edited by lansbury; Jan 5th 2020 at 7:02 pm.
Jan 6th 2020, 12:16 pm
#14
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Re: Advice - Stupid Mistake
Starting to wonder if my main issue is going to be me screwing up the ESTA....
Jan 6th 2020, 12:48 pm
#15
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Re: Advice - Stupid Mistake
Nope. As you have already been told, the ESTA is a less serious issue than the fact you have a drugs violation in your past.