Go Back  British Expats > Living & Moving Abroad > USA > US Immigration, Citizenship and Visas
Reload this Page >

VWP overstay and substance conviction

VWP overstay and substance conviction

Old Dec 14th 2013, 10:55 am
  #1  
Just Joined
Thread Starter
 
Joined: Aug 2013
Posts: 21
Kennaway is an unknown quantity at this point
Default VWP overstay and substance conviction

Hi,
Having previously been advised that a 3 day overstay in 02' due to an aer lingus shutdown has barred me from using VWP I have began looking into B1/2 visa. I have just received my police certificate which shows 1 conviction from 1995 for possession of drug. It was a tiny amount of Cannabis resin but I have twice since ticked no on the esta form as I never realised the crime is never 'spent' for immigration purposes.
I now will need to visit the US Embassy and plead my case to be able to travel on business.. I will get in touch with an immigration lawyer, is there any hope at all that they will accept my application without having to apply for waiver of ineligibility?

Last edited by Kennaway; Dec 14th 2013 at 11:03 am.
Kennaway is offline  
Old Dec 14th 2013, 11:06 am
  #2  
Concierge
 
mikelincs's Avatar
 
Joined: May 2006
Location: ex ex-pat, in Taunton
Posts: 27,146
mikelincs has a reputation beyond reputemikelincs has a reputation beyond reputemikelincs has a reputation beyond reputemikelincs has a reputation beyond reputemikelincs has a reputation beyond reputemikelincs has a reputation beyond reputemikelincs has a reputation beyond reputemikelincs has a reputation beyond reputemikelincs has a reputation beyond reputemikelincs has a reputation beyond reputemikelincs has a reputation beyond repute
Default Re: VWP overstay and substance conviction

Originally Posted by Kennaway
Hi,
Having previously been advised that a 3 day overstay in 02' due to an aer lingus shutdown has barred me from using VWP I have began looking into B1/2 visa. I have just received my police certificate which shows 1 conviction from 1995 for possession of drug. It was a tiny amount of Cannabis resin but I have twice since ticked no on the esta form as I never realised the crime is never 'spent' for immigration purposes.
I now will need to visit the US Embassy and plead my case to be able to travel on business.. I will get in touch with an immigration lawyer, is there any hope at all that they will accept my application without having to apply for waiver if in eligibility?
Not saying with certainty, but with a drug possession conviction I would say the likelihood is they will deny the application, and you will have to apply for a waiver.
mikelincs is offline  
Old Dec 14th 2013, 12:44 pm
  #3  
Account Closed
 
Joined: Aug 2002
Location: Kentucky
Posts: 38,865
ian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond repute
Default Re: VWP overstay and substance conviction

Originally Posted by Kennaway
... is there any hope at all that they will accept my application without having to apply for waiver of ineligibility?
Yes, there is hope - not much, but it does exist.

Ian
ian-mstm is offline  
Old Dec 14th 2013, 12:47 pm
  #4  
Just Joined
Thread Starter
 
Joined: Aug 2013
Posts: 21
Kennaway is an unknown quantity at this point
Default Re: VWP overstay and substance conviction

Originally Posted by mikelincs
Not saying with certainty, but with a drug possession conviction I would say the likelihood is they will deny the application, and you will have to apply for a waiver.
Thanks Mike, I expect you're correct in this.

Is there any information available about average time to have waiver of ineligibility processed, how long it takes to organise an interview at US embassy and cost of immigration lawyer to help me through this process?

I could look to my employers to help with legal fees etc but would obviously rather not have to show the possession conviction..

Can I travel into US at any point before the process is complete for business meetings?
Kennaway is offline  
Old Dec 14th 2013, 12:48 pm
  #5  
Just Joined
Thread Starter
 
Joined: Aug 2013
Posts: 21
Kennaway is an unknown quantity at this point
Default Re: VWP overstay and substance conviction

Originally Posted by ian-mstm
Yes, there is hope - not much, but it does exist.

Ian
That's somethng at least Ian..Thanks for the reply
Kennaway is offline  
Old Dec 14th 2013, 2:05 pm
  #6  
Account Closed
 
Joined: Aug 2002
Location: Kentucky
Posts: 38,865
ian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond repute
Default Re: VWP overstay and substance conviction

Originally Posted by Kennaway
Is there any information available about average time to have waiver of ineligibility processed...
Many waivers seem to be taking about 25-30 weeks - but that doesn't necessarily mean that yours (if you need one) will take that long or longer.


Can I travel into US at any point before the process is complete for business meetings?
You can't use the VWP so, unless you have a visa, I don't see how you can travel to the US.

Ian
ian-mstm is offline  
Old Dec 14th 2013, 3:14 pm
  #7  
Often not so civil...
 
civilservant's Avatar
 
Joined: Apr 2010
Location: The Boonies, GA
Posts: 9,561
civilservant has a reputation beyond reputecivilservant has a reputation beyond reputecivilservant has a reputation beyond reputecivilservant has a reputation beyond reputecivilservant has a reputation beyond reputecivilservant has a reputation beyond reputecivilservant has a reputation beyond reputecivilservant has a reputation beyond reputecivilservant has a reputation beyond reputecivilservant has a reputation beyond reputecivilservant has a reputation beyond repute
Default Re: VWP overstay and substance conviction

s there any information available about average time to have waiver of ineligibility processed, how long it takes to organise an interview at US embassy and cost of immigration lawyer to help me through this process?
About 6 months has been reported for awhile now. An interview takes a few weeks. A lawyer could fall into a huge range of fees depending on the work required.

Can I travel into US at any point before the process is complete for business meetings?
No
civilservant is offline  
Old Dec 14th 2013, 4:04 pm
  #8  
Just Joined
Thread Starter
 
Joined: Aug 2013
Posts: 21
Kennaway is an unknown quantity at this point
Default Re: VWP overstay and substance conviction

Thanks for the replies, would I be as well leaving the lawyer out of this as it could save a big expense?
It doesn't seem that they can speed things up much.
Kennaway is offline  
Old Dec 14th 2013, 4:13 pm
  #9  
Often not so civil...
 
civilservant's Avatar
 
Joined: Apr 2010
Location: The Boonies, GA
Posts: 9,561
civilservant has a reputation beyond reputecivilservant has a reputation beyond reputecivilservant has a reputation beyond reputecivilservant has a reputation beyond reputecivilservant has a reputation beyond reputecivilservant has a reputation beyond reputecivilservant has a reputation beyond reputecivilservant has a reputation beyond reputecivilservant has a reputation beyond reputecivilservant has a reputation beyond reputecivilservant has a reputation beyond repute
Default Re: VWP overstay and substance conviction

They can't speed things up - the request for a waiver goes to the Department of State is Washington.
civilservant is offline  
Old Dec 14th 2013, 5:05 pm
  #10  
Account Closed
 
Joined: Jun 2011
Location: UK
Posts: 4,891
materialcontroller has a reputation beyond reputematerialcontroller has a reputation beyond reputematerialcontroller has a reputation beyond reputematerialcontroller has a reputation beyond reputematerialcontroller has a reputation beyond reputematerialcontroller has a reputation beyond reputematerialcontroller has a reputation beyond reputematerialcontroller has a reputation beyond reputematerialcontroller has a reputation beyond reputematerialcontroller has a reputation beyond reputematerialcontroller has a reputation beyond repute
Default Re: VWP overstay and substance conviction

Originally Posted by Kennaway
Thanks for the replies, would I be as well leaving the lawyer out of this as it could save a big expense?
It doesn't seem that they can speed things up much.
A lawyer in this case would be a waste of your time and money. Just apply for the visa, ensuring you fully understand the process and comply with all of the requirements. Give it your best shot and see what happens.
materialcontroller is offline  
Old Dec 14th 2013, 7:54 pm
  #11  
Just Joined
Thread Starter
 
Joined: Aug 2013
Posts: 21
Kennaway is an unknown quantity at this point
Default Re: VWP overstay and substance conviction

Originally Posted by materialcontroller
A lawyer in this case would be a waste of your time and money. Just apply for the visa, ensuring you fully understand the process and comply with all of the requirements. Give it your best shot and see what happens.
Thanks, I wonder if the lawyer may be worthwhile if he knew of any way in which to speed up the waiver application?

I will likely have taken a job on in Canada while waiting on the waiver process concluding..
The worst case scenario would be a rejection of the application for waiver of ineligibility, does anyone know the kind of odds on this happening?
Is there an appeal allowed on rejection?
Kennaway is offline  
Old Dec 14th 2013, 7:57 pm
  #12  
Often not so civil...
 
civilservant's Avatar
 
Joined: Apr 2010
Location: The Boonies, GA
Posts: 9,561
civilservant has a reputation beyond reputecivilservant has a reputation beyond reputecivilservant has a reputation beyond reputecivilservant has a reputation beyond reputecivilservant has a reputation beyond reputecivilservant has a reputation beyond reputecivilservant has a reputation beyond reputecivilservant has a reputation beyond reputecivilservant has a reputation beyond reputecivilservant has a reputation beyond reputecivilservant has a reputation beyond repute
Default Re: VWP overstay and substance conviction

I wonder if the lawyer may be worthwhile if he knew of any way in which to speed up the waiver application?
As you've been told already - there isn't. The timeline isn't because it takes that long, it's because there are massive backlogs. The actual decision probably takes a day.

The worst case scenario would be a rejection of the application for waiver of ineligibility, does anyone know the kind of odds on this happening?
No one can tell you that, we don't have crystal balls and don't know all the facts of your case, what you were actually charged with etc.

Is there an appeal allowed on rejection?
Yes. But honestly I wouldn't expect that you would be rejected for a waiver.
civilservant is offline  
Old Dec 14th 2013, 8:07 pm
  #13  
Just Joined
Thread Starter
 
Joined: Aug 2013
Posts: 21
Kennaway is an unknown quantity at this point
Default Re: VWP overstay and substance conviction

Originally Posted by civilservant
As you've been told already - there isn't. The timeline isn't because it takes that long, it's because there are massive backlogs. The actual decision probably takes a day.

Just read your previous post, my apologies as I missed this earlier

No one can tell you that, we don't have crystal balls and don't know all the facts of your case, what you were actually charged with etc.

Fair enough, thinking out loud to an extent here..


Yes. But honestly I wouldn't expect that you would be rejected for a waiver.
Thanks, i think i know where I'm at and how to proceed.

One final question then that maybe someone on this forum can help with:
  • How do I go about getting exact details of my court records?

The court case was in the district court of Glasgow in January 1995, are the exact details of the conviction easily obtainable? I'm certain they will help my case by showing a v small amount, under fingernail type size around .05 gram..

Last edited by Kennaway; Dec 14th 2013 at 8:14 pm. Reason: Missed earlier post advising on backlog issues
Kennaway is offline  
Old Dec 15th 2013, 12:05 am
  #14  
Account Closed
 
Joined: Jun 2011
Location: UK
Posts: 4,891
materialcontroller has a reputation beyond reputematerialcontroller has a reputation beyond reputematerialcontroller has a reputation beyond reputematerialcontroller has a reputation beyond reputematerialcontroller has a reputation beyond reputematerialcontroller has a reputation beyond reputematerialcontroller has a reputation beyond reputematerialcontroller has a reputation beyond reputematerialcontroller has a reputation beyond reputematerialcontroller has a reputation beyond reputematerialcontroller has a reputation beyond repute
Default Re: VWP overstay and substance conviction

Originally Posted by Kennaway
Thanks, i think i know where I'm at and how to proceed.

One final question then that maybe someone on this forum can help with:
  • How do I go about getting exact details of my court records?

The court case was in the district court of Glasgow in January 1995, are the exact details of the conviction easily obtainable? I'm certain they will help my case by showing a v small amount, under fingernail type size around .05 gram..
http://www.scotcourts.gov.uk/taking-...t-records-faqs
materialcontroller is offline  
Old Dec 15th 2013, 12:17 am
  #15  
Just Joined
Thread Starter
 
Joined: Aug 2013
Posts: 21
Kennaway is an unknown quantity at this point
Default Re: VWP overstay and substance conviction

Thanks for taking the time to locate the site but my case is summary and 19 years old, that only seems to hold records of summary cases up to 10 years old..
Does this mean records are destroyed after 10 years? My conviction only states 'possession of drug' which is too broad, my only proof therefore that it was a small amount if class b is the relatively small fine of £80, however I feel the case details would show how little was actually in my possession..
Kennaway is offline  

Contact Us - Archive - Advertising - Cookie Policy - Privacy Statement - Terms of Service -

Copyright © 2024 MH Sub I, LLC dba Internet Brands. All rights reserved. Use of this site indicates your consent to the Terms of Use.