Been done to death but very confused.
#1
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Joined: Jun 2011
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Been done to death but very confused.
Okay as I understand it, British citizens can travel to the US under the visa waiver programme? So dont have to apply for a visa. However I at the age of 17 was arrested and given a reprimand for posession of a very small amount of cannabis.
I thought at first Id never be let into the US again but Ive been doing some research and based on this: http://en.wikipedia.org/wiki/United_...ted_Violations
and this
An alien who is convicted of or who admits to having committed or who
admits committing acts which constitute the essential elements of a minor
drug offense(s) relating to simple possession or use of controlled
substances, i.e., offenses other than those involving trafficking,
importing/exporting, or manufacturing (18 U.S.C.), shall not be considered
ineligible for any visa based solely upon any such conviction or admission if
the acts which are the subject of the conviction or admission occurred while
the alien was under the age of eighteen. Specifically excluded from such U.S. Department of State Foreign Affairs Manual Volume 9 - Visas
9 FAM 40.21(b) Notes Page 2 of 8
treatment, however, are convictions or admissions relating to drug
trafficking, importing/exporting, and manufacturing
So Im confused. Does this mean I have to apply for a visa or can travel under the VWP?
I thought at first Id never be let into the US again but Ive been doing some research and based on this: http://en.wikipedia.org/wiki/United_...ted_Violations
and this
An alien who is convicted of or who admits to having committed or who
admits committing acts which constitute the essential elements of a minor
drug offense(s) relating to simple possession or use of controlled
substances, i.e., offenses other than those involving trafficking,
importing/exporting, or manufacturing (18 U.S.C.), shall not be considered
ineligible for any visa based solely upon any such conviction or admission if
the acts which are the subject of the conviction or admission occurred while
the alien was under the age of eighteen. Specifically excluded from such U.S. Department of State Foreign Affairs Manual Volume 9 - Visas
9 FAM 40.21(b) Notes Page 2 of 8
treatment, however, are convictions or admissions relating to drug
trafficking, importing/exporting, and manufacturing
So Im confused. Does this mean I have to apply for a visa or can travel under the VWP?
#2
Re: Been done to death but very confused.
How much exactly was "a very small amount"?
Rene
#3
Re: Been done to death but very confused.
I think it's irrelevant. The answer to the crime question on ESTA is yes, and this will automatically deny the ESTA. OP needs a B-2 visa application if s/he wishes to visit the US.
#4
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Joined: Jul 2011
Posts: 287
Re: Been done to death but very confused.
id say that you have to apply for a visa, but may be recommended for a waiver if it was below a certain amount, but since you were arrested for drugs means you are not eligible for vwp
#5
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Re: Been done to death but very confused.
Hi-
Itll be 3 years ago this summer. And very small is about 1 gram under the 30g of cannabis as specified on the Wikipedia page I linked to.
I thought the ESTA thing was about CIMT which the actual answer is no (Ive read this on various threads on here and on the links given on them!). So would ESTA still be denied?
So given all this, especially as I read somewhere if the crime was committed between ages of 15 and 18 the US don't see it as committing a crime, my ESTA would be denied and I couldn't travel under the VWP so would have to apply for a Visa?
Itll be 3 years ago this summer. And very small is about 1 gram under the 30g of cannabis as specified on the Wikipedia page I linked to.
I thought the ESTA thing was about CIMT which the actual answer is no (Ive read this on various threads on here and on the links given on them!). So would ESTA still be denied?
So given all this, especially as I read somewhere if the crime was committed between ages of 15 and 18 the US don't see it as committing a crime, my ESTA would be denied and I couldn't travel under the VWP so would have to apply for a Visa?
#6
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Joined: Jul 2011
Posts: 287
Re: Been done to death but very confused.
yeah but the thing is, the question asks about cimt OR controlled substances arrests or convictions
#8
Re: Been done to death but very confused.
The answer is yes.
You need a B-2.
Will you get a B2 if the offence is only 3 years old?
I doubt it. But you can try.
#9
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Joined: Jun 2011
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Re: Been done to death but very confused.
Still confused, because ive read (check the wiki page) that single posession offence is allowable (cant find other links to where I read it). Should I phone the embassy and ask?
#10
Re: Been done to death but very confused.
Or chose another place in this great world for your vacation.
#11
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Location: UK
Posts: 4,891
Re: Been done to death but very confused.
Even if the single petty offense exception applied in this case, and I'm not sure it does, it isn't something you can adjudicate for yourself. You have to answer the ESTA question truthfully and, if not authorised, apply for a B2 visa; during which process the US authorities will decide whether or not to apply the provisions of the petty offense exception.
#12
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Re: Been done to death but very confused.
Okay- so if I ring up the embassy they could say, you were 17 (a juvenile in the US's eyes), it was a very small amount, you can travel under VWP.
Or see what ESTA says.
And then apply for a visa?
Or see what ESTA says.
And then apply for a visa?
#13
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Joined: Jun 2011
Location: UK
Posts: 4,891
Re: Been done to death but very confused.
The ESTA question says:
"Have you ever been arrested or convicted for an offense or crime involving moral turpitude or a violation related to a controlled substance; or have been arrested or convicted for two or more offenses for which the aggregate sentence to confinement was five years or more; or have been a controlled substance trafficker; or are you seeking entry to engage in criminal or immoral activities?"
Given what you've told us so far, you need to answer YES to this question. Which more than likely will result in your ESTA not being authorised, and you'll need to apply for a visa.
Last edited by materialcontroller; Feb 7th 2012 at 9:04 pm.
#14
Re: Been done to death but very confused.
The individuals at the embassy are under no obligation to give you factual or accurate information. You can try it and take their advice but you have no guarantee that they're telling you the truth.
#15
Re: Been done to death but very confused.
If you want to try ESTA, go for it. Check "yes" to the "have you ever been arrested for a controlled substance", and see what happens. If ESTA is denied, then you can apply for a B-2.
Rene