jas2012

Hey guys,

I've found this forum really informative, and has eased some concerns.
I was hoping people could advise me further... if poss

I was recently pulled over and my friend was caught in possession of some cannabis, he initially denied it was his, then after our arrest 'fessed up.

The police cautioned us both and let us go, they said even though it wasn't strictly mine it was in my car and i knew about it. Fair enough (kinda)

I am looking to get a working/entertainment visa (sponsored by a us magic entertainment firm), it will only be initially for a few visits over a month or so, then for hopefully longer down the line.

what are your thoughts on the type of process i might face, its a non immigrant visa...

will i need to go for a drugs test (happy too, i don't do drugs myself)
are cautions usually seen as pretty bad?
what would i need to prepare for the interview (police reports? letters? character references?)
has anyone had any similar experiences?

This is obviously the chance of a lifetime, and i can't afford to let down my american sponsors...

any advise is massively appreciated

Marocco

When you say you were cautioned, do you mean you accepted a caution from the police for possession of cannabis?

jas2012

yeah

Marocco

US immigration is very strict when it comes to drugs, so you may be inadmissible, which would require a waiver. A caution is generally not considered a conviction for US immigration purposes, but it may count as an admission of guilt. A consultation with an experienced immigration lawyer is probably a good idea.

Marocco

By the way, when you write "I am looking to get a working/entertainment visa (sponsored by a us magic entertainment firm)" do you mean you already have a job offer from someone who is willing to petition for your work visa?

jas2012

Hey mate, thanks for the reply.

yeah, i already have the offer, and they are beginning the process now. I haven't yet applied for the visa

ian-mstm

When the visa is denied due to the drug offense, you will likely be allowed to submit a waiver. You can't submit the waiver until after the visa is denied. Be sure to tell your US sponsor that there will probably be a delay in getting the visa - not weeks, months. You will need an ACPO certificate and, likely, copies of all police documents dealing with the offense.

Ian

jimmyb80

Without wishing to hijack Jas2012 thread (& best of luck with your Visa by the way)....i have similar query.
I may be moving to the US with my current employer for atleast a year or two.
I have two previous cautions from when i was aged 14 & 17.
These were for shoplifting and possession of canabis.
I am now 31 years old so these cautions were a long time ago, when i was a silly youth.
I have sent off for the Police Certificate from APCO as advised from the US EMbassy website....and this has come back with No Trace.
So it appears i am all clear on this search
Do you think i should declare these previous arrests from so long ago even though they do not appear on the Police Certificate?
I have not yet applied for a Visa but would appreciate any thoughts or guidance you have.
Thanks.

Noorah101

Yes. On the visa applications, the question is usually "have you ever been arrested, etc". You have, twice. So your answer will be "yes".

Just because they don't appear on the police report does not mean they didn't happen.

Rene

Marocco

Of course, when you declare them, you may well be found inadmissible, and then be unable (for life) to become a US permanent resident.

ian-mstm

Carl Hiaasen wrote a book called "Double Whammy". That's what you've got here! Neither is good.


From the UK point of view, yes... not from the US point of view - and it is US law that applies.


Not only should you, you must. While a caution isn't a conviction for US immigration purposes, it is an admission of guilt.

If you lie and get caught, you face a lifetime ban from the US. If you don't lie, you probably will be denied the visa and will require a waiver (if one is available for drug charges). You can not apply for a waiver until the visa has been denied.

Whatever else you do, do not book any trips or buy any plane tickets until you have the visa in your passport.

Ian

jimmyb80

Thanks all for your comments.
As far as the visa application, and subsequent refusal and waiver application...
....how long would you expect this to take on average?
Thanks.

Noorah101

A waiver can take up to a couple of months to get approved, I believe. The waiver process can't happen until the visa has been denied.

Rene

cilanthrean

i know these questions eat our minds often and will always do. Having a criminal record normally makes us stop and think what we are really upto (atleast it did for me). for an exactly similar case as above. I would be keen to know what the outcome of this case was as its way too similar to my problem.

I did take the honest way out, got the caution, went to my current employer and explained the circumstances of the arrest. They werent shocked and simply said they understand and will support in every possible way on my visa. I did have some credible solicitors/attorneys looking into the case and the concluding point after speaking with a few of them were.

1. Caution is not a conviction. The US Immigration law doesnt consider it so and nor does admission of guilt pose an issue to "potential immigration" approvals. Although this is very circumstantial.
2. Problems arise when "medical clearance" is sought from the embassy and when you go for your medical checks a "honest" admittance of coming in contact with substance makes you an abuser, though you simply experimented. The current state of the law makes no distinction here. therefore the embassy is likely to reject the application on medical grounds, with no possibility of waiver. The most likely response would be to apply after 1 year which is considered to be a "rehabilitation" period for the offender to abstain and demonstrate good charecter.
3.One could try their chances of applying for the visa after a few months (but this may still lead to rejection, unless the medicals give you a clean chit). Very Unlikely! The current system is very rigid and seems to apply a blanked restriction.
4. Potential application from a consulate office in a different area. This may not change the ground reality, although depending on the volume of cases and past precedence of handling such cases, may put a different result in hand.

I have chosen to wait, and most probably my employer seems to go with this idea too. i dont want to end up having a rejection and thereafter explain why i got rejected each time i applied for a visa.

I know a lot of them would advice on waivers, but if the above is true, a waiver is not applicable in cases of rejection on medical grounds, therefore one is almost forced to wait a year before applying/reapplying.

scrubbedexpat099

US immigration law does not require a conviction to decline a visa for Drug issues.