esta revoked
#1
Just Joined
Thread Starter
Joined: Jul 2013
Posts: 4
esta revoked
hi
new to this forum and hoping for some advice. i have visited las vegas last year and the year before. hoping to visit again but my esta has been revoked: i was arrested and charged with possession of a controlled substance, quite a substantial amount however after 2 days all charges were dropped as there was no controlled substance. i have documentation from the prosecution service proving that all charges are dropped and no further action is to be taken. i'm in my 40s with no previous convictions for anything? is it worth my while filling out a ds160 or am i wasting time and money??? any advice would be greatly appreciated on this matter.
new to this forum and hoping for some advice. i have visited las vegas last year and the year before. hoping to visit again but my esta has been revoked: i was arrested and charged with possession of a controlled substance, quite a substantial amount however after 2 days all charges were dropped as there was no controlled substance. i have documentation from the prosecution service proving that all charges are dropped and no further action is to be taken. i'm in my 40s with no previous convictions for anything? is it worth my while filling out a ds160 or am i wasting time and money??? any advice would be greatly appreciated on this matter.
#2
Account Closed
Joined: Aug 2002
Location: Kentucky
Posts: 38,865
Re: esta revoked
i have documentation from the prosecution service proving that all charges are dropped and no further action is to be taken.
is it worth my while filling out a ds160...
... or am i wasting time and money?
Ian
#3
American Expat
Joined: Jan 2004
Posts: 7,598
Re: esta revoked
hi
new to this forum and hoping for some advice. i have visited las vegas last year and the year before. hoping to visit again but my esta has been revoked: i was arrested and charged with possession of a controlled substance, quite a substantial amount however after 2 days all charges were dropped as there was no controlled substance. i have documentation from the prosecution service proving that all charges are dropped and no further action is to be taken. i'm in my 40s with no previous convictions for anything? is it worth my while filling out a ds160 or am i wasting time and money??? any advice would be greatly appreciated on this matter.
new to this forum and hoping for some advice. i have visited las vegas last year and the year before. hoping to visit again but my esta has been revoked: i was arrested and charged with possession of a controlled substance, quite a substantial amount however after 2 days all charges were dropped as there was no controlled substance. i have documentation from the prosecution service proving that all charges are dropped and no further action is to be taken. i'm in my 40s with no previous convictions for anything? is it worth my while filling out a ds160 or am i wasting time and money??? any advice would be greatly appreciated on this matter.
See 9 FAM 40.23 N1.1:
"Since the standard of proof for this provision “reason to believe” is substantially lower than that required for a conviction, it has been held that a consular officer may have reason to believe an alien is a trafficker even though criminal charges against the alien which relate to the facts forming the basis of ineligibility as a trafficker have been dismissed."
#4
Just Joined
Thread Starter
Joined: Jul 2013
Posts: 4
Re: esta revoked
thanks for the replies,
a) there were no controlled substances
b) it happened in the uk not in the us
c) what about innocent until proven guilty
d) i am as in the dark now as I was then about about my arrest, charge and release, suffice to say I am in the process of filing a suit for defamation of character
I have never been invovled in trafficing i have never been convicted of any crime and as far as im concerned im innocent and the prosecution service have writen to my solicator confirming all charges have been withdrawn. I am more than happy to relay all relevant information but as I asked before how can i be judged on a visa application when the uk authorities have stated I have no case to answer.
a) there were no controlled substances
b) it happened in the uk not in the us
c) what about innocent until proven guilty
d) i am as in the dark now as I was then about about my arrest, charge and release, suffice to say I am in the process of filing a suit for defamation of character
I have never been invovled in trafficing i have never been convicted of any crime and as far as im concerned im innocent and the prosecution service have writen to my solicator confirming all charges have been withdrawn. I am more than happy to relay all relevant information but as I asked before how can i be judged on a visa application when the uk authorities have stated I have no case to answer.
#5
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Joined: Oct 2010
Location: Boston
Posts: 707
Re: esta revoked
thanks for the replies,
a) there were no controlled substances
b) it happened in the uk not in the us
c) what about innocent until proven guilty
d) i am as in the dark now as I was then about about my arrest, charge and release, suffice to say I am in the process of filing a suit for defamation of character
I have never been invovled in trafficing i have never been convicted of any crime and as far as im concerned im innocent and the prosecution service have writen to my solicator confirming all charges have been withdrawn. I am more than happy to relay all relevant information but as I asked before how can i be judged on a visa application when the uk authorities have stated I have no case to answer.
a) there were no controlled substances
b) it happened in the uk not in the us
c) what about innocent until proven guilty
d) i am as in the dark now as I was then about about my arrest, charge and release, suffice to say I am in the process of filing a suit for defamation of character
I have never been invovled in trafficing i have never been convicted of any crime and as far as im concerned im innocent and the prosecution service have writen to my solicator confirming all charges have been withdrawn. I am more than happy to relay all relevant information but as I asked before how can i be judged on a visa application when the uk authorities have stated I have no case to answer.
#6
Re: esta revoked
thanks for the replies,
a) there were no controlled substances
b) it happened in the uk not in the us
c) what about innocent until proven guilty
d) i am as in the dark now as I was then about about my arrest, charge and release, suffice to say I am in the process of filing a suit for defamation of character
I have never been invovled in trafficing i have never been convicted of any crime and as far as im concerned im innocent and the prosecution service have writen to my solicator confirming all charges have been withdrawn. I am more than happy to relay all relevant information but as I asked before how can i be judged on a visa application when the uk authorities have stated I have no case to answer.
a) there were no controlled substances
b) it happened in the uk not in the us
c) what about innocent until proven guilty
d) i am as in the dark now as I was then about about my arrest, charge and release, suffice to say I am in the process of filing a suit for defamation of character
I have never been invovled in trafficing i have never been convicted of any crime and as far as im concerned im innocent and the prosecution service have writen to my solicator confirming all charges have been withdrawn. I am more than happy to relay all relevant information but as I asked before how can i be judged on a visa application when the uk authorities have stated I have no case to answer.
#7
Just Joined
Thread Starter
Joined: Jul 2013
Posts: 4
Re: esta revoked
im not looking to emigrate to the us only to holiday i have been there twice and returned home without incident i have no case to answer but such is life this matter is still impinging on my right to travel without hindrince could someone recommend a lawyer i might avail of tnx
#8
Re: esta revoked
I'm sure we all understand that.
But wasn't that before the arrest?
No, but you have an arrest for a CIMT. That is what the question on ESTA is all about. The question isn't "do you have a case?"/
Can you post a link to that right? I've never heard of it.
www.ailalawyer.com
Rene
i have been there twice and returned home without incident
i have no case to answer
but such is life this matter is still impinging on my right to travel without hindrince
could someone recommend a lawyer i might avail of tnx
Rene
#9
Just Joined
Thread Starter
Joined: Jul 2013
Posts: 4
Re: esta revoked
v.good norah i didnt realise i dont have a right to travel freely tnx for that,being innocent of any crime no longer allows me to travel where i choose when i choose, no smoke without fire being 1 of the great legal arguements of our time and fyi had there been a case to answer im quite sure having my esta revoked would have come in a distant last with regards any sentence handed down by the judiciary ...so in a nutshell im considered guilty off all charges, a person of ill-repute and my innocence is neither here nor there,tnx for ur input, appreciated......
#10
Re: esta revoked
Anyway this is all speculation - apply for the B2 and go from there.
#12
BE Forum Addict
Joined: Apr 2010
Posts: 1,157
Re: esta revoked
As has been covered already: letting emotion charge your thoughts about the actual visa situation is going to get you absolutely nowhere. Consult with an experienced immigration attorney - some facts and words of experience will help you weigh up the situation.
By the way, even without defamatory circumstances, the system is well-know to produce feelings of impotent rage
#13
Re: esta revoked
I think the OP needs to be reassured that there's a big difference between being ineligible to use the VWP, and being found inadmissable to the US. As he has no criminal record, he should be successful in his visa application so long as he can provide satisfactory evidence to the ConOff, which it seems he has.
We should remember that the default state of US immigration law is that everyone who is not a USC or LPR requires a visa to seek admission to the US. There are certain blanket exemptions, such as for Canadian visitors, but the privilege extended to travel without a visa for citizens of some other countries is the Visa Waiver Program, and has some quite strict conditions. I'm old enough to remember when all British citizens needed to get a visa to visit the US, even if only for a week at Disneyland.
We should remember that the default state of US immigration law is that everyone who is not a USC or LPR requires a visa to seek admission to the US. There are certain blanket exemptions, such as for Canadian visitors, but the privilege extended to travel without a visa for citizens of some other countries is the Visa Waiver Program, and has some quite strict conditions. I'm old enough to remember when all British citizens needed to get a visa to visit the US, even if only for a week at Disneyland.
#14
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Joined: Apr 2009
Location: Berkeley, CA
Posts: 927
Re: esta revoked
How did you determine that your ESTA has been revoked?
#15
Account Closed
Joined: Aug 2002
Location: Kentucky
Posts: 38,865
Re: esta revoked
Ian