Visa with an arrest under possession on 7th degree
 

Dear All,

I traveled 2 years ago to NY with an ESTA.

I was arrested and charged with "Criminal Possession Controlled Substance 7th degree" that's a class A misdemeanor.

I was convicted Upon Plea Of Guilty of "Disorderly Conduct" a violation under NY law.

I requested my rap sheet recently and the case has been already sealed. Neither do I have any criminal record. (just a conviction for a violation)

Once applying for my ESTA again, I know I'll get no as an answer. Is it worth to request a review of my ESTA application under my circumstances?
Will it be very problematic to get a visitor VISA? I'm not planning to visit the States in short time, but my work as a researcher will certainly mean visiting there sooner or later. Can I apply without a date of travel? I have seen that this might take even a year, so the sooner I start with it the better.

Any help is much appreciated and tnx you all!

Regards

Re: Visa with an arrest under possession on 7th degree
 

I would assume that you will not be entering the US legally any time soon.

Your VWP days are over.

Re: Visa with an arrest under possession on 7th degree
 

But there are other ways to enter the us legally than the VWP, aren't they?

Re: Visa with an arrest under possession on 7th degree
 

US does not like foreigners with drug convictions.

Re: Visa with an arrest under possession on 7th degree
 

You apply for a B visa, which in your case will be denied as you are almost certainly inadmissible for travel to the USA because of the drugs rap. It's then up to the consular official dealing with your case as to whether or not they recommend you for a waiver of ineligibility. And if they do recommend you, it's up to the DHS as to whether or not they grant the waiver.

Re: Visa with an arrest under possession on 7th degree
 

Is it "Disorderly Conduct" consider a drug conviction?

It is not a crime and my criminal record is clean. I have also a certificate of disposition from the judge that shows it.

Re: Visa with an arrest under possession on 7th degree
 

You were still arrested for a controlled substance violation. That's what's going to cause you problems.

Re: Visa with an arrest under possession on 7th degree
 

Thanks for your answer. I thought it would count what the judge said. But from what I have read immigration laws seam to be more strict.

I'm not sure even about traveling soon to the States even though I'd love it. But let's see how do explain to my PhD mentor about my little "case" there if I have to go to a conference :(

Re: Visa with an arrest under possession on 7th degree
 

Yes immigration laws are strict, and it's not just convictions which matter, but arrests as well.

As far as your mentor is concerned, you don't have to tell them anything in great detail. You could, for example, just explain to them that your ESTA application was denied. In theory that could happen for any number of reasons - perhaps you have the same name as somebody who has skipped bail in the USA. But in practice I don't think you would be told the reasons for an ESTA refusal so there's no need whatsoever to discuss your "difficulty", at least not at the outset.

Things would get more challenging for you if you were subsequently denied a visa and/or waiver of ineligibility however.

Re: Visa with an arrest under possession on 7th degree
 

Nuff said.

Re: Visa with an arrest under possession on 7th degree
 

Apply for an ESTA, you might even get it. Be sure to answer the questions honestly. It'll probably be denied, though. A B-2 ought to be possible; expect a medical examination and expect to have to prove that you don't have any substance abuse problems. You'll also have to provide the usual B-2 proof of ties to your home country. Pick an academic conference around 9 months in the future that you might want to attend as your reason for applying.

Not a lawyer, no direct experience, JMHO.

Re: Visa with an arrest under possession on 7th degree
 

A consultation with experienced immigration counsel is in order.

Situations such as yours can be incredibly fact dependent and you do not give anywhere near enough facts. Also, a public internet board is no place to have the discussion you need.

By way of example, let me relate a fact situation that I encountered while in practice. Client was in school on an F-1 visa in the Mid-west. He and three chums borrowed a car and went on a road trip for vacation. While driving in West Virginia, one of the other students was smoking a cigarette and tossed the butt from the window. The four are pulled over of littering. The car is searched and a little baggie with stems and seeds was found underneath the old candy wrappers under one of the seats. All four charged with drug possession. A guilty plea to simple possession of marijuana, $200 fine, and they are on their way -- this was by way of plea bargain even though client had not committed crime.

Five years later it was something to be dealt with when filing for adjustment of status to permanent residence.

The only point I am making in this little vignette is that complete set of facts plus knowledge of the ins and outs of the law are necessary to even begin to make an intelligent evaluation -- way beyond the scope of this fine forum.

Re: Visa with an arrest under possession on 7th degree
 

The client did admit to the crime in your scenario.

So what happened...................

Re: Visa with an arrest under possession on 7th degree
 

A good lawyer can sometimes find the loophole to thread through. That is what happened in the particular case. Due to subsequent case law development, furthermore deponent sayeth not.

Re: Visa with an arrest under possession on 7th degree
 

Dear All,

Many Thanks for your advise. I would appreciate any help with lawyers. Also any advise of how much this could cost would be great (I have to say at that point that research is not the best paid job on earth).

Again thanks for your time/advise