jaz123

Hi guys.

Im just needing some advice. Im in a similar situation as rob 2002. When i was 16 in 2000 i got caught smoking some pot in the park . It was a one off i admitted the offence and have never had any brushes with the law. Since then I have had CRB Checks and Enhanced disclousers and nothing seems to be recorded on there. The police officer said to me that aslong as I keep out of trouble this would go off my record in 5 years which seem to be the case. However when reseatching sites I have read that a caution stays on police databases for life.

Would I be safe to tick to no for the following question, (Have you ever been arrested or convicted for an offense or crime involving moral turpitude or a violation related to a controlled substance)

Im asuming cannabis is a controlled substance, and I did get arrested when I got my caution.

If this information is not showing on my Uk crb and enhanced disclouser check what would the chance be of the guys at the airport knowing this information?

Any advice would be much apreciated guys.

scrubbedexpat099

If I get it right your question is:

If I lie will I get away with it?

jaz123

Hi guys, just need some advice similar to rob 2002. I was arrested when i was about 16 in 2000 for smoking some pot in the park I got a caution for possesion of cannabis. The police officer stated the this will be wiped of my police record if I stayed out of trouble which I did.

I have recently had crb checks and enhanced disclousers and neither show any anything about the police caution. To cut a long story short I am going to america in the summer for a holiday and am wondering if i can tick no on the wvp where it states "Have you ever been arrested or convicted for an offense or crime involving moral turpitude or a violation related to a controlled substance"

Im really confused, as I did get arrested and pot is a controlled substance i think. That is the only running I have had with the police. Could anybody shed some light on this situation please, any advised would me much appreciated

meauxna

jaz, your question needs to be in your own thread, not part of rob's thread (very different questions).

Please confine your question to this thread, thanks.


If you have been arrested, you should not answer 'no' the the ESTA/VWP question. It doesn't matter what the disposition was, you have to answer the question correctly.
If you are advised to go apply for a visa, you may still be able to travel. But you have to start out with answering the question correctly.

fatbrit

What do you want folks to tell you?

The question asks if you've ever been arrested for a violation related to a controlled substance. Clearly you have.

Tick the correct box and get ready for your visa application.

Folks with similar admissions have reported getting visitor visas.

You need to produce as much documentation as you can -- details are on the consulate's site.

Don't omit the necessity to also provide evidence of ties to your home country.

DeanUK2US

Being arrested for a controlled substance violation, plus lying on ESTA is much worse than being truthful on the ESTA application with the arrest on file.

Bear that in mind if you're thinking of lying!

jaz123

I wont be lying, I will be contacting the embassy to arrange a appointment for a visa. Does anyone think that this caution could prevent me from being allowed to visit the u.s?

fatbrit

Yes, it could.

DeanUK2US

Wouldn't there be a leniency because he was using rather than selling/smuggling?

Agreed that the US doesn't take drug charges lightly, though.

fatbrit

Well, he's almost as light as it gets: it was only possession, it was only marijuana, it was only a caution, he was only 16, and it was over a decade ago.

But could it prevent him from visiting the US as a non-citizen? Of course it could!

Will it? I doubt it if his application for a B visa is solid.

jaz123

Im in Process of filling in an electronic visa applicaton form. Does any one Know how the process of getting a us visa can take?

I will also be applying for a ACPO certificate as I have read somewhere that the us emabassy would want to see a copy of this. If my ACPO certificate comes out no trace would I still need to apply for a visa?

I know drugs are bad, But this was a silly mistake I did in my teens which has come back and haunt me.

nettlebed

It can take weeks, months or years. Each case is different.
No, you don't need to apply for a visa if you decide against visiting the US. However, if you still want to visit, then unless you want to lie, yes, you will need a visa Drugs are bad, m'kay?

Well, you made the mistake and you have to live with the consequences. It's all part of accepting responsibility for one's decisions.

jaz123

I have changed my mind about travelling to america. There is just too much things to do for me to get a visa and it will be time consuming, a hell of a lot of extra money and travel to get it. The visa would also want to know details of friends and family in america which I dont have, I was only hoping to go there on holiday.

Looks like I would just have to travel else where this summer, oh well!

hopeful_Mark

Have you filled out the ESTA form online answering truthfully to the arrest question? Maybe your ESTA will be approved, stranger things have happened.

JCraigFong

At one point, there was some discussion on B.E. about whether a caution is really a conviction or an arrest. At least one poster on B.E. insists that a caution is not a conviction.

Call it what you will, but I have a client who had a cannibis caution about 6-7 years ago who applied for an immigrant visa in a Commonwealth nation. The visa was denied.

In this case, if the caution took place when the alien was under the age of 18, I suspect the visa will issue.

--J