Travel to America with a drug caution

amjustagirl

Hi, i was wondering if anyone could help me? Basically me and my fiance are due to fly out to America for our honeymoon in 11 weeks time and now my other half is worried we wont be allowed in the country because back in 2001 he was cautioned for carrying cannabis, he never went to court or anything. These days you have to fill out a visa form to visit the country and one of the question on the form is "have you ever been arrested for a criminal offence?" We are just worried now as we have paid for flights, car hire and hotel. Do you think they will deny us access? Would greatly appreciate your advice on this matter. Thanks.

gardner1

if you mean the new free online visa that you have to fill in just answer no to any crimnial convictions/cautions the american homeland security have no access to uk police records
other people on here wont agree with my answer but if you answer yes you will either be turned down flat or will have to go to american embassy for lengthy interview

amjustagirl

Thanks for your reply. Yes i meant the free online form. So basically that form is to catch out the honest people out there?! Your response is what expected, what a ridiculous system.
One additional side note, while he doesnt by any means intend to get in trouble with the law, if he did and they some how found out he lied, you would have illegally entered the country? which is classed as "felony". Therefore he could end up getting locked up and not able to leave ? This seems a bit ott, as they appear to be treating everyone has hardened criminals!!

alanrowell

Officially he should have to apply for a visa as drug crimes are definitely crimes of "moral turpitude". However it's an expensive and slow process which does stand a good chance of being refused the visa

Unofficially he can wing it and lie on the ESTA application and if asked at US immigration. However lying on the application or to US immigration is a Federal offence and if found out would be sent back immediately or if really unlucky get to stay a night or two in some correctional facility - which would probably mean handcuffs and leg shackles - before he can be sent back.

hannhol

Actually it is incorrect to say that Homeland Security have no access to UK police records, they don't have them automatically, but they can request to see them.

alanrowell is right, you can take a chance, but if you get caught out, he'll be sent back, and possibly not allowed back in for a long time. I would not agree that he stands a good chance of being refused, I have known of people with worse counts against them still being allowed into the US, but it is true to say it is a lengthy process. If you decide to go the legit route, you can try and speed it up by going for the embassy interivew in any UK location, London, Belfast, Edinburgh, although this is at your own cost.

alanrowell

hannhol wrote: »

I would not agree that he stands a good chance of being refused, I have known of people with worse counts against them still being allowed into the US

Drug offences are specifically mentioned on the old I-94W, the US traditionally having taken a very hard line with any drug related offences.

More serious crimes - even involving assault - may not disqualify you from using the VWP & ESTA let alone disqualify you from getting a visa as they aren't considered crimes of moral turpitude

hannhol

they have also taken a hard line on those involved in genocide... i can only speak from professional experience (not my own!) that others with similar and worse offences have still got visas in the end. although I'm certianly not suggesting that it's just a process to go through, and the visa will definitely be granted. I'm just trying to reassure the OP that all is not definitely lost, but it's probably best to go the legitimate route.

bashdem

I have a friend who was recently in the exact same situation as your other half. Except he actually had a conviction for cannabis possession - 13 years ago.

He didn't declare it and breezed through. Unless you look suspect and they decide to investigate you you'll be fine. There is no automatic check done at immigration.

It's not right but neither is the US stance with regards to this ridiculous rule.

Just pretend it never happened and you'll be fine.

fredflintstonerules

amjustagirl wrote: »

he was cautioned for carrying cannabis, he never went to court or anything...... Do you think they will deny us access? Would greatly appreciate your advice on this matter. Thanks.

Of course he can't use the VWP

"Have you ever been arrested or convicted for an offense or crime involving moral turpitude or a violation related to a controlled substance; "

what part of that statement is confusing you.

You seem to want people to tell you everything will be OK, and thank those posters who state this.

If he wants to commit yet another offence he can try and wing it, however, CBP are really quite good at there job.

As for data sharing, it happens routinely. What EXACTLY is shared is unknown, although sharing of fingerprints is permitted to a certain extent, as it sharing of other criminality data.

amjustagirl wrote: »

One additional side note, while he doesnt by any means intend to get in trouble with the law, if he did and they some how found out he lied, you would have illegally entered the country? which is classed as "felony". Therefore he could end up getting locked up and not able to leave ? This seems a bit ott, as they appear to be treating everyone has hardened criminals!!

He would be a "hardened" criminal, as it would be his second offence, and a heck of a serious one. Maximum sentence is 10 years, and its not in a nice cosy cell, its sharing with "Big Bubba" and his "girlfriends".

I got stopped in the US for a minor traffic offence, all my details checked, and checks were done at a federal level. So any slight misdemeanour (failing to indicate etc etc) will cause problems.

But by the sounds of it you intend to go anyways whatever anyone states, and regard US law as being ott if they try and controlthere borders.

He's had plenty of time to organise a visa, and if it was only one offence, and as it happened 9 years ago, the chances are it would have been granted.