CluelessCarter

Hi all,

I'm 20 years old and am Currently on the J1 Program and i'm also currently the worlds biggest idiot.

I was Arrested but have not yet had my court date with Possession of a Controlled substance (1 pill at Coachella) as well as possession of a fake ID. I was booked for it, AKA fingerprints, retina scan etc.

I understand, because of question B on the ESTA, I am pretty much never going to get one, even if i'm not convicted.

This means i will always have to go down the route of a B Visa at the embassy, correct?

If there's anyone who was arrested but not convicted, can you tell me how that affects the Visa application? Or even any advice, I want to know how each possible conviction may affect my future chances of returning to the states. (The worst case scenario is i am given a drug diversion program + fines, the best case scenario is that the charges will be dropped)

Thanks,
CluelessCArter

crg

The diversion program may or may not count as a conviction. If you have to plead guilty to get the deal, and a penalty of some kind then it would most likely count as a conviction. A lot depends on the jurisdiction. Where did it happen?

Sometimes if you don't have to enter a no contest or guilty plea and it is eventually dismissed following community service, that may not count as a conviction.

If you can get it down to a disorderly conduct instead of a controlled substance, that would likely alleviate the immigration consequences of conviction. Legal representation from some familiar with immigration consequences may be a good idea right now. These things are quite complicated.

scrubbedexpat099

ESTA days are probably over so yes you would be looking at a B, depend on what the pill was.

What was the fake ID?

CluelessCarter

Are they stopping the ESTA program? The pill was MDMA, around 100mg (Small dose) manufactured in the USA so hopefully they wont ever think i was traffiking the stuff (i wasn't, and would never).

The fake ID was a replica of a british drivers licence with my birthdate changed from 94 to 93.

Thanks very much for the reply,

EDIT: Oh you meant ESTA's days are over for me.

CluelessCarter

It happened at Coachella Valley music and arts festival, California. I was given a Misdemeanor for both the crimes.

Yeah i spoke to a criminal Defense lawyer and an immigration lawyer who work together, however to retain them both it would cost $10,000

ian-mstm

No - but a drug conviction will almost surely make you permanently ineligible to use ESTA.

Ian

Guindalf

You can't be 'given a misdemeanor'. That is the class of offense - misdemeanor or the much more serious felony.

It simply means that you are charged with a misdemeanor (or two). The outcome, as you have said, is yet to be determined.

crg

The drug arrest alone has killed his ability to honestly/successfully use ESTA. So a visa is required. A drug conviction would require a waiver of inadmissibility to overcome prior to visa issuance.

S Folinsky

When I was in practice, my "maven" on the interface between California Criminal law and immigration was Mathew L. Millen, tel: 310-470-8071.

S Folinsky

Forgot to mention -- OP is asking about future trips to the US. I wonder why no discussion of CURRENT status.

sir_eccles

Are you suggesting the OP is lucky not to have been deported or somesuch?

scrubbedexpat099

I was wondering the same.

Any idea?

CluelessCarter

Hi all, Currently, i am here as a J1 Exchange Student. My court date is after i fly home, and no, they do not deport for Misdemeanors.

sir_eccles

I'm certainly no lawyer but my understanding is that missing a court date is a "bad thing".

CluelessCarter

Cali prop 977 allows an Attorney to appear in court on my behalf in the case of Misdemanors