ESTA and i-130 questions

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Old Nov 14th 2016, 11:03 pm
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Default ESTA and i-130 questions

Me again.

I've held off the applying for the ESTA but now a friend wants me to vacation with her. I think I hold a caution for marijuana possession Previous thread. Is it worth requesting a police certificate before the ESTA application? Or just going ahead and answering yes to the question and seeing what happens? Is answering yes to any of those questions an immediate ESTA denial and I'd have to apply for a B2 visa?

I'm very scared of the outcome.Should I seek a consultation with an immigration lawyer? Is so has anybody got a good contact for this purpose

i-130 question
My sibling is filing for me will I encounter this caution issue again soon or in some years time?
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Old Nov 14th 2016, 11:20 pm
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Default Re: ESTA and i-130 questions

Originally Posted by FortyTwo25
Is it worth requesting a police certificate before the ESTA application?
No, because one has no bearing on the other.


Or just going ahead and answering yes to the question and seeing what happens?
Yes... this is always the easiest thing to do - and you're out only the nominal application fee.


Is answering yes to any of those questions an immediate ESTA denial and I'd have to apply for a B2 visa?
No, it's not an automatic given. However, if ESTA is denied you'll need to apply for a B-2 visa.


I'm very scared of the outcome.
Why? Is this somehow a life/death situation?


Should I seek a consultation with an immigration lawyer?
An immigration lawyer can't change history!


My sibling is filing for me will I encounter this caution issue again soon or in some years time?
Most likely, yes... when it comes time for you to fill out an immigrant visa application.

Ian
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Old Nov 15th 2016, 7:10 am
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Unhappy Re: ESTA and i-130 questions

Originally Posted by ian-mstm
No, because one has no bearing on the other.



Yes... this is always the easiest thing to do - and you're out only the nominal application fee.



No, it's not an automatic given. However, if ESTA is denied you'll need to apply for a B-2 visa.
Iwonder why. Isn't a computer that makes the choice within a couple of minutes. If the ESTA is denied does that mean forevermore I will have to apply for a B2?..which will also likely be denied


Why? Is this somehow a life/death situation?
No but having been on this forum for a few years it's clear I have an end goal


An immigration lawyer can't change history!
''''well no but should I still consider speaking to one?


Most likely, yes... when it comes time for you to fill out an immigrant visa application.
What form number is this? Will I have to fill it in within the first year or nearer the 10 year mark?
Ian
I believe it will all be denied because I haven't read of anybody on this forum who has been successful with drug related issues and travelling or living in the US
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Old Nov 15th 2016, 12:18 pm
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Default Re: ESTA and i-130 questions

Originally Posted by FortyTwo25
If the ESTA is denied does that mean forevermore I will have to apply for a B2?
No. We have had several reports of a denied ESTA being followed by a successful ESTA... given enough time.


... which will also likely be denied
I really don't understand your fatalistic attitude. You were cautioned for possession of less than 30g of marijuana. You weren't trafficking and it wasn't heroin or cocaine. Where a B-2 visa is involved, approval is at the discretion of the interviewing officer who will, most likely, approve you immediately or recommend you for a waiver - which will also eventually get you a visa.


... well no but should I still consider speaking to one?
Yes - if it will make you feel better to do so.


What form number is this?
DS-260.


Will I have to fill it in within the first year or nearer the 10 year mark?
You'll complete it once your priority date becomes current and a visa number is available for you.


I believe it will all be denied because I haven't read of anybody on this forum who has been successful with drug related issues and travelling or living in the US
Lots of people travel to the US having had a drug-related issue... so I can only guess that you're focusing on the posts where visas have been denied and completely ignoring or dismissing the posts where visas were subsequently approved. When it comes time for your immigrant visa interview, I don't think a caution for possession of less than 30g of marijuana is going to be an insurmountable hurdle and considering that it'll be over 15 years since the incident.

Ian
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Old Nov 15th 2016, 2:00 pm
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Default Re: ESTA and i-130 questions

What is the 10 years a reference to?
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Old Nov 15th 2016, 2:30 pm
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Default Re: ESTA and i-130 questions

Originally Posted by Boiler
What is the 10 years a reference to?
My guess is he's referring to the time it takes for the sibling immigrant visa process.

Rene
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Old Nov 15th 2016, 2:41 pm
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Default Re: ESTA and i-130 questions

That would be somewhat longer.
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Old Nov 15th 2016, 9:52 pm
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Default Re: ESTA and i-130 questions

Originally Posted by ian-mstm
No. We have had several reports of a denied ESTA being followed by a successful ESTA... given enough time.



I really don't understand your fatalistic attitude. You were cautioned for possession of less than 30g of marijuana. You weren't trafficking and it wasn't heroin or cocaine. Where a B-2 visa is involved, approval is at the discretion of the interviewing officer who will, most likely, approve you immediately or recommend you for a waiver - which will also eventually get you a visa.



Yes - if it will make you feel better to do so.



DS-260.



You'll complete it once your priority date becomes current and a visa number is available for you.



Lots of people travel to the US having had a drug-related issue... so I can only guess that you're focusing on the posts where visas have been denied and completely ignoring or dismissing the posts where visas were subsequently approved. When it comes time for your immigrant visa interview, I don't think a caution for possession of less than 30g of marijuana is going to be an insurmountable hurdle and considering that it'll be over 15 years since the incident.

Ian
Thank you
Originally Posted by Noorah101
My guess is he's referring to the time it takes for the sibling immigrant visa process.

Rene
She
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