Wanting to Enter the USA With a Drugs Caution?
Question by O B L I V I O N: Wanting to enter the USA with a drugs caution?
Hello, I am from the UK and was arrested for possession of ecstasy. I had one tablet in my possession. For this i was given a simple caution and released. I plan to visit the US in two years when I am 21 and was wondering how this will affect my chances of getting a VISA.
Note:
I understand, with a drug related arrest you have to apply for your visa at the US embassy. I was wondering how likely I would be able to enter with such a record. I assume people with convictions cannot get in.
Thanks
You have to mention the fact you was arrested when applying for a US VISA
Best answer:
Answer by jennifer h
If you got off with a caution then no conviction is recorded. So it never has to be mentioned.
Answer by NOLA guy
There is a common belief one must have a completely clean police record to visit the USA on the Visa Waiver Program but that is not correct.
The online form asks the applicant “Have you ever been arrested or convicted for an offense or crime involving moral turpitude or a violation related to a controlled substance; or have been arrested or convicted for two or more offenses for which the aggregate sentence to confinement was five years or more; or have been a controlled substance trafficker; or are you seeking entry to engage in criminal or immoral activities?”
The website does NOT define “moral turpitude”. In countries like Australia, NZ, the UK, and Western Europe anything that would be “moral turpitude” would be a major felony. Note that one can still use the Visa Waiver Program for most convictions as long as the sentences don’t exceed a total of 5 years in prison and the crimes don’t involve illegal drugs. There are also exceptions for juveniles and It can even be a minor crime involving illegal drugs.
http://travel.state.gov/visa/frvi/ineligibilities/ineligibilities_1364.html
Check the circumstances of your incident against the exception for minor drug crimes. A “caution” probably qualifies and you would then answer “No” to the question about arrests.
If you can’t use the VWP (including if the visit isn’t for tourism or authorized “business”) then you have to apply for a visa:
http://www.travel.state.gov/visa/visa_1750.html
Get some legal advice before applying for an actual visa if there might be a problem in your background.
Good luck!
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Citizens of about 35 countries can travel to the USA for up to 90 days at a time as a tourist or for some business purposes by registering for ESTA > before < their trip begins. The cost is US$ 14, which is similar to the fee for the Australian ETA program. https://esta.cbp.dhs.gov/ http://travel.state.gov/visa/temp/without/without_1990.html http://www.usembassy.org.uk/visaservices/?p=129 Registering is accomplished online, you don't need the details of your trip, and the confirmation is valid for multiple trips to the USA over two (2) years so don't wait until the last minute. Print the confirmation - or at least record the number - and keep the information with your passport. Having a return or onward ticket leaving North America is a requirement, so have a copy of your airline itinerary at passport control. Check with your health insurance to find out if it covers you in the USA. If yes then take proof of coverage with you. If no or not sure then get trip medical insurance, which is cheap and sold by airlines & travel agents. The USA has wonderful medical care but it isn't free or even cheap. Please do not skimp on this as an otherwise-silly accident could turn into a crisis if you don't have medical insurance. If you are planning a long visit then DON'T schedule your departure day for the 90th day (any part of a day in the USA counts as a whole day, so if you arrive at 23:59h on the 1st and leave at 00:01h on the 10th it is 10 days in the USA). Schedule your departure not later than the 88th day as there are no (zero) provisions in the Visa Waiver Program for someone to voluntarily extend their stay. If you miss your flight due to something Immigration might consider avoidable (ex. flat tire on the way to the airport) they may ban you from using the VWP in the future.
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