Caution for possession of cannabis. Entry into USA?

anxious_mum

Hi,

Sorry if this has been asked before, I checked around and couldn't see it. Anyway, my son is 21 this year, and his godfather wants to take him to New York and surrounding areas.

My son had a caution about three years ago for possession of cannabis. I'm a bit confused if a caution is equivalent to an arrest, and if he needs to admit to the caution on a visa waiver form. He didn't have to go to court because of it.

We wouldn't want him to be turned away at the border. Has anyone got any advice? One of the questions is: “Have you ever been arrested or convicted for an offense or crime involving moral turpitude or a violation related to a controlled substance;

We're not sure how 'moral turpitude' is defined, and if he has indeed been arrested or convicted, as he only received a caution.

Any help would be gratefully received.

Voyager2002

Why risk it? Go to Cuba instead: no hassles and much more fun.

bluenoseam

I think "moral turpitude" is trumped by a drugs charge - at best I think a trip to the embassy is in store for him but I'd also warn him to be prepared for the outcome that he won't be allowed into the US.

fizz

The US is strict about this....he will not be allowed in full stop. Totally daft but that's the Yanks.Sorry.

fizz.x

jackieblack

A caution is not a conviction https://www.gov.uk/caution-warning-penalty
and can be given as an alternative to being arrested when the offence is admitted.

The question asked on the ESTA application is:
Have you ever been arrested or convicted for an offense or crime involving moral turpitude or a violation related to a controlled substance; or been arrested or convicted for two or more offenses for which the aggregate sentence to confinement was five years or more; or been a controlled substance trafficker; or are you seeking entry to engage in criminal or immoral activities?

to which he can truthfully answer 'no', as long as he was not arrested prior to the caution being given (ie he was not arrested then released after accepting a caution)

However, ESTA is only authorisation to travel and doesn't guarantee entry, that is the decision of the CBP officer on arrival. This is the same for everyone travelling on an ESTA.


A separate question asks 'are you a drug abuser or addict' so he would need to be able to honestly answer 'no' to that as well

Nick_C

If your son was only cautioned and not arrested, he should be ok.

interstellaflyer

One thing I've never understood about this is, a mere mortal can be refused entry for a minor drug offence yet if you are a pop/rock star, actor, or other celeb you won't have any issues. Moral Tupitude my @rse, it's all about how much money the person is likely to spend whilst over there, your average Joe on a family holiday, not much, a celeb hundreds of thousands of dollars, perhaps millions.

dzug1

If he answers YES to either question he will be refused the ESTA. He will probably be refused a visa too - after a lengthy and expensive process


If he was 17 when the crime was committed then he can legally ignore it


He could also lie - whilst not advocating this they are not going to know if he doesn't tell them

kaya

interstellaflyer wrote: »

One thing I've never understood about this is, a mere mortal can be refused entry for a minor drug offence yet if you are a pop/rock star, actor, or other celeb you won't have any issues. Moral Tupitude my @rse, it's all about how much money the person is likely to spend whilst over there, your average Joe on a family holiday, not much, a celeb hundreds of thousands of dollars, perhaps millions.

I tank nigella was refused entry recently in light of her nose powdering confession

photome

fizz wrote: »

The US is strict about this....he will not be allowed in full stop. Totally daft but that's the Yanks.Sorry.

fizz.x

If he answers no (which on the face of it he can) then he should get an ESTA and should be allowed in to the USA

dzug1

interstellaflyer wrote: »

One thing I've never understood about this is, a mere mortal can be refused entry for a minor drug offence yet if you are a pop/rock star, actor, or other celeb you won't have any issues. .

You have the issue of getting a work visa - the rules for which are not necessarily the same as for a tourist. You are less likely to become an inconspicuous illegal immigrant for a start, so they don't need to be as picky.