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Simple Caution, ESTA, Waiver of Ineligibility...please help!

Simple Caution, ESTA, Waiver of Ineligibility...please help!

Old Mar 7th 2014, 1:12 am
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Default Simple Caution, ESTA, Waiver of Ineligibility...please help!

Hi guys,

I'm new to this online forum malarkey and although I realise that this topic has been discussed to death every circumstance is different and for me time is of the essence. And so, if you can, please can you help me in anyway possible.

I'll try to be as specific about my case as humanly possible:

In early 2012, back when I was 20 years old, I was caught in possession of a small amount of Cannabis (0.5g /£5) by the on-site security during my stay in University halls. They reported the incident and within a couple of days I had a meeting with my accommodation manager and the campus police officer. I admitted to the offence, signed the form on campus and accepted the simple caution (or was it a street caution? Too many variations of caution). Anyway...suffice to say I wasn't arrested, I didn't have to head down to the station with the officer and i didn't have my finger-prints taken. A caution, as far as I am aware, doesn't constitute a conviction...and so my first question is, am I right in thinking I am okay to answer 'No' to the following question on the ESTA form:

Have you ever been arrested or convicted for an offense or crime involving moral turpitude or a violation related to a controlled substance; or have been arrested or convicted for two or more offenses for which the aggregate sentence to confinement was five years or more; or have been a controlled substance trafficker; or are you seeking entry to engage in criminal or immoral activities? *


Also, I have recently read that the US government is reviewing their stance on cautions, but is this is not only in relation to people seeking residence in the US? Or stay that exceeds 90 days? I have booked flights to go travelling in late July with the first port of call being Miami and the second destination being LA (my American adventure would be 2 weeks long in total) before then heading down to South America. I know in retrospect I probably shouldn't have booked my flights but the police officer said that the caution would not be on my permanent record or have any serious repercussions (he certainly didn't mention anything about travelling implications). Had I known sooner that he was 'glossing' over the fine details I wouldn't of booked my flights...the fact is he didn't say it was a problem and therefore I didn't perceive it as such.

I have to hope for the best and prepare for the worst but time is against me. I have a whole raft of things that I am occupied with at the moment (like finishing my degree for one) and so I am just looking for as much information as possible. It seems like the ultimate catch 22: Either I fill in the ESTA form, answer no to said question, hop on the plane and hope that US customs don't have the dirt on me (I know they don't have my finger prints, whether they have access to my caution I do not know). Or, I apply for the Waiver of Ineligibility, potentially get refused/don't get confirmation in time and publicly flag myself up to US officials?

If anyone has travelled to America with a simple drugs caution without going through the waiver ineligbility process please let me know.

Also an advice from you forum gurus on what best to do would be greatly appreciated.

Sorry for such an overload of information, but its just the stress of having to sort this mess out, complete my degree and hold down a job is immense.

Many thanks.
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Old Mar 7th 2014, 1:21 am
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Default Re: Simple Caution, ESTA, Waiver of Ineligibility...please help!

You have a drug conviction - No VWP for you, you'll need a B2 visa.
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Old Mar 7th 2014, 2:47 pm
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Default Re: Simple Caution, ESTA, Waiver of Ineligibility...please help!

Originally Posted by RJAO1991 View Post
I know in retrospect I probably shouldn't have booked my flights...
Correct.


... but the police officer said that the caution would not be on my permanent record or have any serious repercussions (he certainly didn't mention anything about travelling implications).
What he said is probably true... with respect to UK law. Unfortunately, you're about to deal with US law - and US law is pretty draconian with respect to drugs... especially when you admit guilt, as you did.


Either I fill in the ESTA form, answer no to said question, hop on the plane and hope that US customs don't have the dirt on me (I know they don't have my finger prints, whether they have access to my caution I do not know).
They do not have such access.


Or, I apply for the Waiver of Ineligibility, potentially get refused/don't get confirmation in time and publicly flag myself up to US officials?
The choice is simple... to lie or not to lie! After that, whatever happens is the result of your own integrity... totally separate from what happened 2 years ago.

Ian
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Old Jan 30th 2015, 12:47 am
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Default Re: Simple Caution, ESTA, Waiver of Ineligibility...please help!

Hi RJ, I was wondering what you did in the end?
Thanks,
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Old Jan 30th 2015, 12:48 am
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Default Re: Simple Caution, ESTA, Waiver of Ineligibility...please help!

Hi Ian again, you love these drug-related threads!
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Old Jan 30th 2015, 2:30 am
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Default Re: Simple Caution, ESTA, Waiver of Ineligibility...please help!

Originally Posted by Barnes2015 View Post
Hi RJ, I was wondering what you did in the end?
Why are you responding to a thread that's almost a year old? The guy made 1 post... and has never returned.


Hi Ian again, you love these drug-related threads!
I like the threads... you like the drugs. Which one of us has the real issue?

Ian
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Old Jan 31st 2015, 11:45 am
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Default Re: Simple Caution, ESTA, Waiver of Ineligibility...please help!

Originally Posted by ian-mstm View Post
Why are you responding to a thread that's almost a year old? The guy made 1 post... and has never returned.
Presuming he has email notification setup he will be notified of the new post, and may well return to answer the question.
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Old Jan 31st 2015, 6:44 pm
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Default Re: Simple Caution, ESTA, Waiver of Ineligibility...please help!

Originally Posted by ian-mstm View Post
...... I like the threads... you like the drugs. Which one of us has the real issue? ....
I suspect that both may be addictions.
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Old Feb 1st 2015, 11:08 am
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Default Re: Simple Caution, ESTA, Waiver of Ineligibility...please help!

Originally Posted by Barnes2015 View Post
Hi RJ, I was wondering what you did in the end?
Thanks,
He probably kept his travel plans and may or may not have lied depending upon your own interpretation and almost certainly had no problem. The minute Ian said quite correctly that they have no access the decision would have been made in his mind. Then again he was not arrested his fingerprints are not in the uk police system. Street caution may or may not show up on acro.

However your situation is different. Your were arrested your prints are in the system and your record will likely show up on acro as I have said. You claim you intend to pursue the visa route which is the correct decision to make as we have discussed before.

Last edited by johnnybrown532; Feb 1st 2015 at 11:13 am.
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Old Feb 1st 2015, 11:11 am
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Default Re: Simple Caution, ESTA, Waiver of Ineligibility...please help!

Originally Posted by docnetau View Post
Presuming he has email notification setup he will be notified of the new post, and may well return to answer the question.
Your assuming that he used "his email address" when he created the account he may simply have created a separate email address to access this forum. If he did that for some reason he may never check it again. He may or may not view the forum again.

Last edited by johnnybrown532; Feb 1st 2015 at 11:13 am.
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Old Feb 1st 2015, 1:44 pm
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Default Re: Simple Caution, ESTA, Waiver of Ineligibility...please help!

my son was 'cautioned' once and when I filled in the ESTA for him, felt I was being honest when I said there was no conviction. I seem to recall that I checked on various websites and opinion seemed to be that a 'caution' did not need to be declared. We have visited the States several times and not had a problem.
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Old Feb 1st 2015, 2:23 pm
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Default Re: Simple Caution, ESTA, Waiver of Ineligibility...please help!

Originally Posted by KAMH View Post
I checked on various websites and opinion seemed to be that a 'caution' did not need to be declared.
There was a time when a caution, although considered an admission of guilt, was not a conviction for US immigration purposes. That changed a few years ago... and the interpretation of the word "conviction" was altered to include a caution - because it is still considered an admission of guilt.

When information seems to conflict, people often check multiple sources to find a site where the general opinion agrees with their situation. That doesn't mean that the info received is correct. So... depending on how recently your son was cautioned, it may or may not have needed to be declared.

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Old Feb 1st 2015, 2:31 pm
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Default Re: Simple Caution, ESTA, Waiver of Ineligibility...please help!

When information seems to conflict, people often check multiple sources to find a site where the general opinion agrees with their situation. That doesn't mean that the info received is correct. So... depending on how recently your son was cautioned, it may or may not have needed to be declared.

Ian[/QUOTE]

Ha ha, guilty as charged your honour. It was about 7 years ago so... Im glad you are on-line and hope you will have time to check out my B2 question?
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Old Feb 1st 2015, 2:40 pm
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Default Re: Simple Caution, ESTA, Waiver of Ineligibility...please help!

Originally Posted by KAMH View Post
... hope you will have time to check out my B2 question?
I did!

Ian
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Old Feb 1st 2015, 6:19 pm
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Default Re: Simple Caution, ESTA, Waiver of Ineligibility...please help!

Originally Posted by ian-mstm View Post
There was a time when a caution, although considered an admission of guilt, was not a conviction for US immigration purposes. That changed a few years ago... and the interpretation of the word "conviction" was altered to include a caution - because it is still considered an admission of guilt.

When information seems to conflict, people often check multiple sources to find a site where the general opinion agrees with their situation. That doesn't mean that the info received is correct. So... depending on how recently your son was cautioned, it may or may not have needed to be declared.

Ian
Pedantic Stuart notes that the ground of inadmissability is for conviction or admission of the elements of the crime.
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