VWP overstay and substance conviction
#1
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Joined: Aug 2013
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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?
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.
#2
Re: 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 if in eligibility?
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?
#4
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Re: VWP overstay and substance conviction
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?
#6
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Re: VWP overstay and substance conviction
Can I travel into US at any point before the process is complete for business meetings?
Ian
#7
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?
Can I travel into US at any point before the process is complete for business meetings?
#8
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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.
It doesn't seem that they can speed things up much.
#9
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.
#10
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Re: VWP overstay and substance conviction
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.
#11
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Re: VWP overstay and substance conviction
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?
#12
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?
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?
#13
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Re: VWP overstay and substance conviction
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.
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.
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
#14
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Re: VWP overstay and substance conviction
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:
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..
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..
#15
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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..
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..