Ravenblue

I need some advice please,
My daughter and I left the UK and now live in the states. my son stayed in the UK. My problem is that he was recently was found guilty of smoking some Marijuana when driving, has a 12 month ban and fine, I would like him to visit us here in the USA for my daughters wedding next year, but fear he may be refused entry into the country, he has never done anything like this before and previously had a clean record. What are the chances of him being turned away? Is there anything I can do to prevent this? Any help would be really appreciated.

Thank you

scrubbedexpat099

Has he applied for and been issued a visa?

Ravenblue

Thank you for responding, no not yet, I was looking into booking a return ticket in the next few weeks. You would fill out a visa waiver form on the plane and give it to the agent when coming through customs?

scrubbedexpat099

https://uk.usembassy.gov/visas/visa-...-requirements/

Ravenblue

Thank you for the link, looks like he won't be able to travel under the free visa then according to that, do you know if these other visa's cost alot? if so and he has this visa can he still be denied entry? I will look into this further.

scrubbedexpat099

$160?

First he would need to be approved for a visa, he may also need a waiver, so something he needs to get going asap.

When you said next year I was thinking 2021 did you mean 2020, when is the wedding?

Ravenblue

The wedding is in June 2020

Ravenblue

It looks like even if he applies for the visa this ESTA one (if I am looking at the right one here and it says approved he could still be denied? Where is the sense in that

scrubbedexpat099

A visa basically allows you to knock on the door , so gets you on the plane, however it would be very unusual for the POE to second guess the Consulate if they have addressed the criminal issue.

If he does need a waiver then June would be very tight.

ESTA is related to the VWP so not applicable. B is what he needs to go for.

steph0scope

SanDiegogirl

The first thing your son has to do is to obtain an ESTA which allows him a visa waiver to enter the US.

If he gets denied this, and he probably will with this recent conviction as these have to be declared on the application, then he would have to consider applying for a visa.Again, this recent conviction would probably mean a rejection.

There is no such thing as filling out a visa waiver form on the plane and handing it to customs.

Rete

ESTA is not a visa. It is something that every citizen of country which participates in the Visa Waiver Program (VWP) which Britain does needs to complete. Yes, there is a fee to complete the fee application online and submit for adjudication. It is only after an affirmation response to the ESTA application is received that a person can then enter the US under the VWP with need of a formal visa obtained at the US Embassy/Consulate.

Now he can spend the money and apply for the ESTA and see if he is approved or denied. If approved, he can come to the US and see what happens at the Port of Entry (POE). He and this time the officer at the desk at the POE will make the determination as to whether he can answer or not.

I'm not a young person but my generation is noted for its liberal use of recreational drugs. How in heaven's name does anyone with a brain in their head <a brain that has common sense and a conscience> get behind the wheel of an automobile after indulging in a mind altering drug? I know there are far too many drunk drivers in both your country and mine, but don't take drugs and operate a vehicle. At least his consequence is the inability to travel to the US and not the death of himself or some innocent person.

Ravenblue

Thank you for all your help, I completely agree and understand what your saying about driving under the influence, trouble is with Marijuana he could have smoked it a week before being caught and still have been banned from driving, there is no real proof that Marijuana impairs your driving under those circumstances, I know it is legal in parts of America, in America your need a car, I don't know how they will be able to monitor the legalisation of it plus allow people to drive, it can be used for medicine purposes with or without THC, so the lesson to be learned even if you smoke the stuff recreationally and not intending to drive getting in your car even a few days after if you are asked to do a drug test your buggered, my son was not pulled over for reckless driving, due to extensive road works in the area he lived in he went down a road that was only allowed for access for loading vehicles (which was being used by most motorists because of the lack of access elsewhere) still not condoning this, I guess he just got unlucky that day. My son does not usually use drugs and does not drink and drive, it was a stupid mistake and he got caught, I am glad it didn't turn out to be more serious, we can only learn from our mistakes, he has paid the price but will obviously keep paying the price and so will his loved ones, as long as this is never repeated no one was hurt only himself, there has to be a time where he can move on without persecution.

shiversaint

What is his actual conviction? Has he admitted to driving under the influence of marijuana? There may be leeway here and a single DUI doesn't necessarily preclude you from receiving a visa.

The wording can be quite difficult around this stuff, but it may be worth speaking to an immigration attorney before you do anything to see if you can get USICS perspective on the side that this isn't a drug conviction. It could make his life a lot easier in future if he ever wanted to move to the U.S.

mikelincs

The test done would NOT have given a positive if he had smoked it a week before, and probably not if he had smoked a couple of days before, it would depend on the amount he smoked and how often. Yes, like with alcohol there is a distinct possibility of being over the limit the following day, and, like alcohol there is a limit below which people are NOT prosecuted. The limits are set to detect people who would have their driving impaired at that level, the only really safe level for both alcohol and drugs is Nil