Has my son blown his chances?

USAVirgin

Hi - I am posting this under a new name, as I am not sure whether some family members know me from my usual name.

We are due to go on holiday to Florida soon, but my son has been arrested for possession of cannabis. I have told him that he cannot come on holiday with us know as it asks this question on the ESTA and even though I filled it in way before his arrest, I don't think that makes any difference?

My questions are; am I right in saying that he cannot come on holiday with us now and also does this now prevent him from entering the states any time in the future?

Many thanks for any help/advice?

alanrowell

Well the US does not like dope fiends - but there's little chance of them knowing unless one of you blab it out.

USAVirgin

alanrowell wrote: »

Well the US does not like dope fiends - but there's little chance of them knowing unless one of you blab it out.

That's my concern, that they have his arrest on record and then it will ruin all our holiday as we might just get deported and what happens in the future then for all of us? Do you know whether they would have this on record?

whatajoke2

He cannot use esta. He fails on

a violation related to a controlled substance

If I remember correctely maximum penalty for this wilful misrepresentation would be 10 years if he decided to lie, and a bloody long wait for him to get back in. The US has a zero tolerance for this sort of thing.

What age was he at the time of the offence, and was he just cautioned or did it go to court.

whatajoke2

USAVirgin wrote: »

That's my concern, that they have his arrest on record and then it will ruin all our holiday as we might just get deported and what happens in the future then for all of us? Do you know whether they would have this on record?

No one knows what they have access to, but drugs are a major priority for data sharing. Drugs are a major no-no, just as DUI is for Canada.

If he gets caught its only him who gets sent back, unless they realise you were part of the conspiracy, in which case you're out as well.

See here and think if its worth the risk

http://darrensilver.com/articles/fraud_waivers.pdf

CountryGoose

USAVirgin wrote: »

Hi - I am posting this under a new name, as I am not sure whether some family members know me from my usual name.

We are due to go on holiday to Florida soon, but my son has been arrested for possession of cannabis. I have told him that he cannot come on holiday with us know as it asks this question on the ESTA and even though I filled it in way before his arrest, I don't think that makes any difference?

My questions are; am I right in saying that he cannot come on holiday with us now and also does this now prevent him from entering the states any time in the future?

Many thanks for any help/advice?

What was the disposal? Caution, Fine, Penalty Notice, Nothing? Unlikely to get a custodial without a huge record or possession with intent to supply, which would be another problem.

So long as the matter closed, he should try his luck and apply for a Visa. This will mean a fee and a visit to the US Embassy. If this was his one and only offence and the matter is now closed, he may be able to get a visa. He has blown his chances of a Visa Waiver for the rest of his life.

USAVirgin

Many thanks for your replies. I thought as much and we have already told him he cannot come with us (or go for the rest of his life) but I just wanted to make sure that what I was saying was right. This was meant to be the family holiday of a lifetime as next year he will be 18 and will NOT want to come on holiday with us; so where I should be getting excited about going on this holiday, I feel really sad about it all. I know it is his own fault and he knows that there is nobody to blame but himself, but it still doesn't make it easy.

Sorry for getting all maudlin, but in truth I know that he cannot come and that's the reality of the situation.

Once again, many thanks for all your replies

ferf1223

USAVirgin wrote: »

Many thanks for your replies. I thought as much and we have already told him he cannot come with us (or go for the rest of his life) but I just wanted to make sure that what I was saying was right. This was meant to be the family holiday of a lifetime as next year he will be 18 and will NOT want to come on holiday with us; so where I should be getting excited about going on this holiday, I feel really sad about it all. I know it is his own fault and he knows that there is nobody to blame but himself, but it still doesn't make it easy.

Sorry for getting all maudlin, but in truth I know that he cannot come and that's the reality of the situation.

Once again, many thanks for all your replies

Not sure if you have really read through the replies...in some cases it sounds like he may be granted a visa but depends on the circumstances...what he can't do (technically) is enter via the visa waiver programme. People haven't said that he cannot go to the US for the rest of his life. You've said the trip is soon, so may be too late to go the visa route this trip and I can understand that you're sad about that...but it doesn't necessarily mean he can never go to the US.

whatajoke2

USAVirgin wrote: »

as next year he will be 18

9 FAM 40.21(b) N2 JUVENILE DRUG CONVICTIONS 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.

He still needs a visa, but as hes under 18 then they MAY apply the above. Nothing in life is assured, they may not apply the above, who knows.

USAVirgin

ferf1223 wrote: »

Not sure if you have really read through the replies...in some cases it sounds like he may be granted a visa but depends on the circumstances...what he can't do (technically) is enter via the visa waiver programme. People haven't said that he cannot go to the US for the rest of his life. You've said the trip is soon, so may be too late to go the visa route this trip and I can understand that you're sad about that...but it doesn't necessarily mean he can never go to the US.

Thanks for that ferf - I did read through all the replies, but obviously didn't understand them!! We are going in 5 weeks, so most probably too late for this trip?

It makes me happier tho if in the future all is not lost and he might be able to get a visa when he's older. Thank you

USAVirgin

whatajoke2 wrote: »

9 FAM 40.21(b) N2 JUVENILE DRUG CONVICTIONS 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.

He still needs a visa, but as hes under 18 then they MAY apply the above. Nothing in life is assured, they may not apply the above, who knows.

Thanks also WAJ, when I read the link above, I think I got lost after the first paragraph (it might as well have been written in welsh for all I understood it:rotfl::rotfl::rotfl:). But the quote above, I do understand. As said above, hopefully it will not hamper his chances in the future, but as you say ....... nothing in this life is assured..... but it does give me hope.

Thank you for taking the time to print this quote.