alan321

Hi
I have a question regarding the eligibility of my 16 year-old son to travel under the VWP.
2 Weeks ago my son was detained(not arrested) and questioned by the police under suspicion of using marijuana.
He admitted and they decided to not give him a criminal record but to give him some sort of youth caution, and promised as that there won't be any record on any police computer but the one of the youth division of the israeli police.
My question is, does this mean he isn't eligible to travel under the VWP?
oh ya i forgot to mention that we are british citizens.
Cheers
Alan

ian-mstm

Were you there when it happened? How do you know he was not arrested? What criteria was used to determine the difference between the two?


He admitted to what? Using marijuana?


Where did this happen? In Israel?


If he wasn't arrested (I wouldn't necessarily take anyone's promise that there'll be no record) he'll probably be okay... probably.

Ian

alan321

i know he wasn't arrested because i was with him when the police said the following"i am detaining you for the purpose of taking you to a police station to be questioned, you are not free to go" and also i asked the officer when he was realesed if he was arrested at any time and he said no just detained.
And yes he only admitted to using marijuana
and yes it happend in israel

ian-mstm

Well then... good! As long as he can answer the questions on ESTA and the I-94W honestly, he should be fine.

Ian

alan321

Wait does that mean he has to tick yes to that question?
or can he just tick no?
Cheers

JAJ

What exactly is this "some sort of youth caution?"

dreamercon

The OP's question warrants further investigation. Shusterman wrote in his latest bulletin that "A person who admits to smoking marijuana a few times, even as a teenager many years ago, is forever banned from entering the US." As Shusterman says, US immigration laws are so strict that our last three Presidents would all be ineligible to even visit the US if they were aliens, since all three of them have admitted to smoking marijuana.

ian-mstm

Shusterman also condones the VWP express. I put little faith in anything he spouts.

Ian

ian-mstm

Have you read the question? Was he "arrested or convicted for..."?

Ian

lansbury

When it comes to sentencing you have said in the past it is what the sentence could be in the US which counts not what it was in whatever country the offense took place.

Would the same apply to the definition of "arrest"? I ask because if you were detained and told "you are not free to go" that fits the legal definination I think of an arrest here in the US.

ian-mstm

You make a good point - something, I admit, I hadn't considered. I really don't know the answer to that!

Ian

alan321

Well regarding the health grounds someone has mentioned, my son claims to have only used once(at least that is what he told the police) and from what i understood the health policy only applies if you tried it more than once.
and also i checked online and i found the following quote out of the FAM:
9 FAM 40.21(b) N2.1 Aliens Under Age 18
(TL:VISA-129; 11-09-1995)
An alien who is convicted of or who admits to having committed or who
admits committing acts which constitute the essential elements of a minor
drug offense(s) relating to simple possession or use of controlled
substances, i.e., offenses other than those involving trafficking,
importing/exporting, or manufacturing (18 U.S.C.), shall not be considered
ineligible for any visa based solely upon any such conviction or admission if
the acts which are the subject of the conviction or admission occurred while
the alien was under the age of eighteen. Specifically excluded from such treatment, however, are convictions or admissions relating to drug
trafficking, importing/exporting, and manufacturing.

does anyone know if embassies follow this? or is this just an official thing?

Rete

IMHO arrested in the US means you have to have charged levied against you. You can be taken to police headquarters for questions but that is not an arrest.

fatbrit

Not against your will, you can't. (Well, not unless they claim you're a terrorist, that is!) Just ask: "Am I free to go?" If the answer is no, you're under arrest and they'd better damn well tell you what they're arresting you for and read you your rights.

dreamercon

You can be detained without being arrested. This happens all the time for all sorts of reasons.