US visa with previous conviction

Worriedtraveller

I'm hoping to travel to America next year for a wedding. I've only been once before in 1993.

However, in 1996 I was convicted of drink-driving and given a caution for possessing a small amount of cannabis. I'm deeply ashamed of this, which happened at a time when I was very ill with depression, and I have no other convictions, not even a speeding ticket.

Under the visa waiver scheme, does anyone know what my chances of getting a visa are? Am I even going to ever be allowed into America? I read somewhere that I may have to visit the U.S. embassy in person - does anyone have any experience of this? I'm worried that I won't be allowed to travel. Should I fill in the visa waiver scheme form and declare my conviction and hope for the best? Or do I need to visit the embassy? I live in Newcastle so would like to avoid having to travel to London to do this if possible.

Thank you in advance.

callum9999

Worriedtraveller wrote: »

I'm hoping to travel to America next year for a wedding. I've only been once before in 1993.

However, in 1996 I was convicted of drink-driving and given a caution for possessing a small amount of cannabis. I'm deeply ashamed of this, which happened at a time when I was very ill with depression, and I have no other convictions, not even a speeding ticket.

Under the visa waiver scheme, does anyone know what my chances of getting a visa are? Am I even going to ever be allowed into America? I read somewhere that I may have to visit the U.S. embassy in person - does anyone have any experience of this? I'm worried that I won't be allowed to travel. Should I fill in the visa waiver scheme form and declare my conviction and hope for the best? Or do I need to visit the embassy? I live in Newcastle so would like to avoid having to travel to London to do this if possible.

Thank you in advance.

Assuming it's just a straightforward drink driving charge (i.e. you didn't run anyone over etc.) then neither of those convictions are generally considered to be "crimes of moral turpitude" - which are the crimes which stop you using the visa waiver programme.

Theoretically you therefore don't need a visa and can just fill out the ESTA, clicking "no" to the convicted of crimes of moral turpitude bit.

I've seen this come up several times before and have read of loads of people successfully entering the US (and none being denied entry) like that, but not being an immigration lawyer I'm in no position to guarantee it! Hopefully someone with a bit more experience can confirm that.

shaun_from_Africa

callum9999 wrote: »

Theoretically you therefore don't need a visa and can just fill out the ESTA, clicking "no" to the convicted of crimes of moral turpitude bit.

The new ESTA application process doesn't directly refer to crimes of moral turpitude.
Instead of this, there is now a list of questions, one of which is:


3) Have you ever violated any law related to possessing, using, or distributing illegal drugs? *


https://esta.cbp.dhs.gov/esta/application.html?execution=e1s1

callum9999

shaun_from_Africa wrote: »

The new ESTA application process doesn't directly refer to crimes of moral turpitude.
Instead of this, there is now a list of questions, one of which is:


3) Have you ever violated any law related to possessing, using, or distributing illegal drugs? *


https://esta.cbp.dhs.gov/esta/application.html?execution=e1s1

Ah I didn't realise it had changed. I guess ticking that would result in the ESTA being denied then (I don't think they used to follow up things like this for more info before deciding - I assume they still don't?)?

bluenoseam

As soon as you have a drug conviction you're looking at trouble in the US - as has always been the case! Doesn't mean you'll automatically be denied a visa to travel to the US but at best you're looking at a trip to the embassy for an interview & with all due respects it wouldn't surprise anyone to see a request being denied.

Best course of action is to be straight up with them, any attempt to hide or be dishonest with them changes it from a possibility of it being denied to straight up not a cats chance in hell.

Voyager2002

You have two options: lie on the ESTA form and use the visa waiver scheme (hoping that they do not know about the convictions); or apply for a visa, which involves a visit to the embassy (don't waste your time applying for an ESTA first, since the ESTA is part of the visa waiver scheme and people who have been arrested for a crime involving moral turpitude, or who have indulged in illegal drugs, are not eligible to use the visa waiver scheme).

There has been lots of discussion here about the odds of getting away with not telling them about a conviction... What is certain is that if someone chooses this option and gets found out, that happens once they have already spent money on an air ticket and travel arrangements and have flown to the USA, so all that money is lost when they are refused entry. Of course, the process of being held at an airport in the USA until space is available on a flight back to the UK is not exactly pleasant.

If you decide to apply for a visa then you need to allow several months for the process: there is generally a long wait for an appointment at the embassy. Some people report that it is easier to get an appointment in Belfast than in London, so that is an option that you might consider.

callum9999

Voyager2002 wrote: »

You have two options: lie on the ESTA form and use the visa waiver scheme (hoping that they do not know about the convictions); or apply for a visa, which involves a visit to the embassy (don't waste your time applying for an ESTA first, since the ESTA is part of the visa waiver scheme and people who have been arrested for a crime involving moral turpitude, or who have indulged in illegal drugs, are not eligible to use the visa waiver scheme).

There has been lots of discussion here about the odds of getting away with not telling them about a conviction... What is certain is that if someone chooses this option and gets found out, that happens once they have already spent money on an air ticket and travel arrangements and have flown to the USA, so all that money is lost when they are refused entry. Of course, the process of being held at an airport in the USA until space is available on a flight back to the UK is not exactly pleasant.

If you decide to apply for a visa then you need to allow several months for the process: there is generally a long wait for an appointment at the embassy. Some people report that it is easier to get an appointment in Belfast than in London, so that is an option that you might consider.

Plus of course they'd be banned from going back to America for a good few years!

alanrowell

callum9999 wrote: »

Plus of course they'd be banned from going back to America for a good few years!

But if they apply for a visa the odds are they won't get it which is an effective ban from the US. So, apart from being treated like a terrorist by US immigration if they are refused entry, what does OP have to lose by lying?

jonesMUFCforever

alanrowell wrote: »

But if they apply for a visa the odds are they won't get it which is an effective ban from the US. So, apart from being treated like a terrorist by US immigration if they are refused entry, what does OP have to lose by lying?

A few quid on flights. hotels, car hire etc which will not be covered by any insurance,

callum9999

alanrowell wrote: »

But if they apply for a visa the odds are they won't get it which is an effective ban from the US. So, apart from being treated like a terrorist by US immigration if they are refused entry, what does OP have to lose by lying?

I'm not so sure. For drug charges in general I'd agree the odds of getting a visa are definitely slim.

For a caution due to possession of a very small amount of cannabis, during a period of time where the OP was suffering from depression (hopefully they can get medical records to prove that?) almost 20 years ago then I wouldn't say that makes the odds of getting a visa that low. There's still the very real risk that it will be denied, but is it really as risky as you say it is?

Though having said all that, presumably the odds of the border agent discovering the cannabis conviction are lower than the odds of getting your visa request denied, so if breaking the law isn't an issue for you then it could be the best strategy to just lie on the ESTA.

geoffky

I have been over 30 times over the years..And also worked out there...Say nothing...I had a worse record than yours..
My company used a visa agent and i was never questioned on arrival about my record..And they do not have normal access normal to the PNC.
There is a risk you will get secondary vetting but very small..I never did.. And if you get pulled..lie again as they will not be letting you in if you tell the truth..