Caution for possession of cannabis. Entry into USA?

geri1965_2

I've never understood this because a friend of mine was convicted of drug dealing and sent to prison for four years, but was able to go to the United States for a football tournament with no problems whatsoever.

Voyager2002

geri1965 wrote: »

I've never understood this because a friend of mine was convicted of drug dealing and sent to prison for four years, but was able to go to the United States for a football tournament with no problems whatsoever.

Presumably your friend "forgot" about his little problem when filling in the ESTA.

Big_Tree

He won't be allowed in...........

Nigella Lawson was barred because she admitted that she had taken drugs....

photome

BigJockKnew wrote: »

He won't be allowed in...........

Nigella Lawson was barred because she admitted that she had taken drugs....

On what basis are you saying he wont be allowed in?

Or have you just joined to troll the forum

Big_Tree

photome wrote: »

On what basis are you saying he wont be allowed in?

On the basis that he tells the truth about caution for drug possession.....Was that not the OP's question?

photome

BigJockKnew wrote: »

On the basis that he tells the truth about caution for drug possession.....Was that not the OP's question?

Does the question on ESTA ask if you have been cautioned?

I dont think it does

So an ESTA could be granted

If a caution doesnt show on any database, how would homeland security know on entry to the USA

Big_Tree

photome wrote: »

Does the question on ESTA ask if you have been cautioned?

I dont think it does

Here is the question the OP asked;

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

A caution is a 'violation related to a controlled substance'

Should have gone to Specsavers photome.

jpsartre

BigJockKnew wrote: »

A caution is a 'violation related to a controlled substance'

Indeed but he was not arrested or convicted for it, which is what the question asks. The correct answer to the question in the OP's (or his son's) case is no.

anxious_mum

Thanks to all who replied. We are going to have a chat later in the week as to whether it looks like it could be a problem. It would be a shame if he is to be banned from the States 'forever' due to a stupid moment in his teens, of which he is now justifiably embarrassed.

I think we will probably take the view that as he wasn't arrested or convicted then he should be OK.

I wonder if 'cautions' are kept on record somewhere, and if the US Border Control people have access to these records?

Big_Tree

http://www.theguardian.com/lifeandstyle/2014/apr/03/nigella-lawson-stopped-boarding-flight-us-cocaine-confession

and Nigella hasn't even been cautioned....

an exert from the article;

The US department of homeland security told the Mail that foreigners who had admitted drug taking were deemed "inadmissible".

the article goes on;

Lawyer Susan McFadden, who specialises in US immigration law, said

"As part of that one has to answer questions about whether one has been arrested or convicted for an offence involving moral turpitude or in relation to a controlled substance. Someone in Ms Lawson's circumstances could tick no.

She only admitted to using drugs 4 years ago and she is, at the moment, barred......

The US border control do, unfortunately, have access to UK citizens criminal records, whether a caution will be on there, I don't know.

Speak to an immigration lawyer, they will confirm that a caution for a drug offence is enough to bar one from the US because it is a violation related to a controlled substance. It's there plain as day.

If he had received a caution for assault, he wouldn't have a problem, because that violation is not related to a controlled substance. As it stands, if he's honest in filling out the form then he won't get in the US, because his caution is related to a controlled substance.