Elvira

It is clear that you do not know what you are doing.

Why don't you do yourself a favour and (a) read the link to the previous Cannabis Caution thread that I posted, and (b) consult an experienced US immigration attorney (via the link I gave you in my first post).

Anything else will just end in tears...

Rete

Eric

Are you going to go to the US Consulate to see about an immigration visa? If so, there are only one way for your parents to sponsor you and that is through an I-130 visa.

If your parents apply for you without becoming US Citizens, you would fall into the Preference Category - Second Family Based Preference B which is for unmarried sons or daugthers of any age of permanent residents.

These preference categories are limited available visas which means you have to wait aboard until your number becomes current which can be many years.

If your parents were US Citizens it would first family based preference for adult unmarried sons or daugthers (age 21 or older) of US Citizens. Unfortunately any son or daugther over the age of 21 does not qualify for an immediate relative visa and you will still have to wait years for your number to become current.

Third family based preference is for married children of US Citizens

Rete

It is all very convoluted and complicated and I know all these posts must be very very confusing for you.

Read the link Elvira gave you and worry first about your use of the VWP and if you can't use that for your visit in May, then your application for a formal B-2.

Duncan Roberts

True, however I think you grossly misunderstand what's involved from the time it will take to the seriousness of your cautions.

VISA BULLETIN FOR APRIL 2009
FAMILY-SPONSORED PREFERENCES
Second: Spouses and Children, and Unmarried Sons and Daughters of Permanent Residents: 114,200, plus the number (if any) by which the worldwide family preference level exceeds 226,000, and any unused first preference numbers:

B. Unmarried Sons and Daughters (21 years of age or older): 23% of the overall second preference limitation.

Processing Time: 2B = 01SEP00.

http://travel.state.gov/visa/frvi/bu...etin_4438.html

Even without the drug issue you are still looking at 9+ years for sponsorship to be completed. Even if you're under 21 and not married you are still looking at 5+ year. So no, you won't be moving to the US at the end of the year for multiple reasons.

Glassy80

Elvira, I had a good read through the other thread and his case is quite a bit different. He got his caution at the age of 17 and it was a fair few years since that arrest. Mine was just over 2 months ago at the age of 28. You are right, I dont know what I'm doing. I'm not sure trying to patronise someone over the internet who is trying to resolve an issue is very smart, but if it makes you feel good go for it. Why would I be asking these questions and reading up on it if I knew what I was talking about?

From what I understand "spanishfly" knew he wouldnt be able to use the VWP because of his arrest and caution so go the relevant Police Caution details, filled in VCU1 form and sent these to the embassy and booked a meet with someone at the US Embassy in Ireland. I expect this is what I will need to do as well.

To be honest, the emmigrating there for work is something that is in the far distant and probably wont happen from the sounds of things. My main concern at the moment is to apply for a Visa through the Embassy and find out in concrete whether or not I can visit the US for a 2 week holiday. It will be someone at the Embassy that makes the final decision.

Duncan Roberts

Well, technically no, iIt will be the officer at your point of entry to the US. Just because you have a visa (or greencard for that matter) it doesn't mean the US is obliged to let you in. They can quite easily deny you entry.

Glassy80

Thats fair enough, but I will get the Visa at the embassy.

crg

Be sure to let us know how it goes. There has been a lot of different information about the impact of UK cautions. Also, even without the caution, recent cocaine use by itself may present a problem.

Glassy80

I agree the cocaine thing was bad, but the worst bit about that is it wasn't even mine. I hate the stuff, and it was left in my house after a new years eve party. I didnt even know it was in the house. Sods law!

I would have thought the manufacturing of marijuana would be looked at worse to be honest. I will keep you upto date and let you know what happens. I am not expecting good news, but i'll keep my fingers crossed.

Folinskyinla

Hi:

A FAQ.

What can a lawyer do -- a waiver allowing you to visit. Hard to get.

On the immigration end of things -- there is no way for you to do that based upon your first post.

I know that you don't have a "criminal record" from the UK end of things -- but we are talking about UNITED STATES law here when it comes to immigration. This is a small, but lethal detail in respect to your case. And as Rete mentions, the US law is extremely harsh when it comes to drugs and immigration. If you had been convicted of some other crime, say murder, perhaps I could do things for you on the immigration end. However,you have admitted to not one, but TWO drug offenses.

However, from the US end of things -- you have a formal admission of a drug offense and the UK caution procedure fits the requirements for such an admission. There IS a waiver for simple possession of less than 30 g of MJ. However, your caution is an admission to "cultivation" and not simple possession. No waiver. Furthermore, there is no similar waiver for coke.

In writing posts like this, I remember a statement from a colleague of mine who, like most lawyers tends to personalize their cases -- "I have to remember that it was my client and not me who --

sold cocaine --

to an undercover cop --

across the street from a school."

ian-mstm

If you lie to US immigration and you get caught, you face a lifetime ban from the US. It's that simple. Further, it is never a good idea to broadcast your intent to willfully commit immigration fraud on a public Internet forum which is widely rumored to have USCIS onlookers!


I understand your concern. We often don't fully understand the ramifications of our actions until long after the fact.

Ian

Glassy80

Ian - If you read my posts you can see that I am going to be honest. I'm not really sure why i'm being given attitude to be honest. Some of you have been massively helpful and I appreciate that, but some of the snipey comments are un-called for. I will go about this the honest and legal way. I ahve no intetion of keeping anything from US Immigraton process and will do exactly what "spanish" did and sent the relevant information in and arrange a meeting.

fatbrit

Two, two-month-old drug crimes and a visa application? You've got to be kidding! Unless a family member's on their deathbed or something.

Also, your future immigrant visa is probably permanently closed save a change in the law.

Glassy80

What confuses me is how famous people can waltz into America as and when it pleases them when they have loads of convictions for drug abuse and use but I am unlikely to get into the country for a minor drug offence. I know they are famous and have all the legal backing etc, but it seems a bit odd that I am highly un-likely to get in but others with massive lists of convictions are ok.

meauxna

Glassy, the 'reason why' is because for most of the respondents here, it's not their first time at the rodeo.
These sorts of topics have a predictable story arc, so if you are judged unfairly, it's due to others' behavior in the past.
Stick with it here so that you can find out what to expect in your visa application, and so that you have realistic expectations about possible immigration (or impossible as the case may be).