noobexpat

I'm new on the board, I tried to google this answer, and search via your board, but I was not able to find the answer in a reasonable amount of time. So sorry in advance if the answer is out there.

My relative lives in Australia. He is a British citizen. He is trying to get out to the states for a family event. However is hesitant as he was arrested for being in possession of .5 a gram of Cocaine a year ago. Besides that lack of misjudgment on his behalf ,he has never before been arrested, and holds a good job.

I understand he would need need to declare this to the US before attempting to travel. However, if he does are the odds still slim to get in? Does Immigration or whomever is reviewing his application consider .5 gram the same as being arrested with 10 grams-- so I guess my question is two fold...will they take under consideration that it was a relatively small amount of cocaine or is it all the same to them for possession..and has anyone had a similar situation with being caught for possession for cocaine and was successful being approved entry into the US.

Thank you in advance for your feedback.

newacct

He would have a ban for drug violation, so he would need to apply for a visa, and apply for a waiver as part of it.

Rete

Your relatives needs to complete an ESTA. He will be asked about criminal history. His ESTA will not be approved. Once he has the denial, he can then apply for a B tourist visa. Almost sure he will be turned down for the visa and if he is extremely lucky, he will be told that he can apply for a waiver of inadmissibility.

There is a number of threads on this waiver current on the US Immigration Visa forum. Nonimmigrant Visa Waiver of Ineligibility Application

shiversaint

Just to expand on this - the reason why he'd be lucky is because it is so recent. In addition, he would not apply for the waiver, the person who is interviewing him at a Consulate would recommend him for the waiver, and then the DHS handles all of that. All he has to do is turn up with the documents that he needs (VCU-01, DS160 and ACRO/Police report).

But yeah, given how recent it was, pretty unlikely.

There is no distinction between .5g of Cocaine or 10g int his case.

Did he receive a conviction or a caution? Or was he just arrested? If it was just an arrest and no charge, he might be ok.

crg

I don't see a reason to seek an ESTA just to have it denied and then applying for a visa. He can just apply for the visa straight away.

Twinkle0927

materialcontroller

While I also agree with crg in this case, that information on the London embassy website is misleading and incomplete - as it simply advises all applicants with any kind of arrest or conviction to apply for a visa; when many of them would possibly still qualify for ESTA.

NewStarter

Agree before I lived here on an L1A, I comfortably traveled on ESTA as a tourist as no way my small conviction years previously fit into the moral turpitude definition, which is itself confusing. The ESTA does not ask "have you been arrested" In this case though go the visa route as a class A drug conviction certainly does.

crg

The consulate likely wants to avoid all of the "am I inadmissible or can I use ESTA" emails. it's too complicated to figure out without a close look at the relevant documents and an interview. So the consulate is pretty much saying that if the person is concerned enough to have these questions they can apply for the visa, pay the fee, come to the interview and we'll make a determination. They won't do it for free. It seems like a sound plan from their perspective. VWP was designed for squeaky clean people to get to Disney without a visa. Everyone else.... caveat emptor.