ESTA refused over conviction. Should I bother with VISA application?

Pantzman

About 25 years ago when i was in my early 20s I was convicted of 'Possession of Cannabis with intent to supply'. I was young, stupid and naive. Ironically I was the only person who had a good job, a car and a mortgage so I would go and buy it and sell it to my mates round my house.
Long story short was I got followed back and arrested and due to the amount ( 1/2 a nine bar?) I almost went to prison. It was more serious back then as nowadays it would possibly be just a caution. what makes it worse it has the horrendous sounding " Drugs Trafficking"(!) on my DBA
So - pointless backstory but now I'm almost 50 my wife wanted to go to New York. I knew I was unlikely to get accepted for ESTA and lots of people said " Just lie, you'll be fine" but that's not in my nature now. I'm a foster carer and play an active role in my communities. I did apply for an ESTA and of course it got refused.
Now the back story is irrelevant but the question is should I even bother trying to get a VISA as it would mean a long trip to London and if there's no chance I don't want to waste my time ebven thinking about it. Shame as that silly mistake all that time ago was a different person.
hanks for any opinions, facts or simialr storries.

shaun_from_Africa

I would say that provided you've had no legal problems in the time since your conviction then you should try for a visa.

When you get called for the interview, talk along as much evidence of any community work you do and details of your foster caring as well as employment details and it wouldn't do any harm if you could get a few reference letters from anyone of good professional standing in your community.
As you say "almost went to prison" then the lack of a custodial sentence may well help you argue your case.
In the end though, it will all come down to the embassy official on the day of your interview.

shaun_from_Africa

Just one further thing to add.
Even if you are not granted a visa, this doesn't mean that you definitely won't be able to visit the USA and you may well get what they call an ineligibility waiver.
https://uk.usembassy.gov/visas/ineligibilities-and-waivers-2/ineligibilities-and-waivers/

If you have ever been arrested, cautioned and/or convicted of an offense anywhere in the world, you are required to declare it when applying for a visa. In cases where an arrest resulted in a conviction, you may be permanently ineligible to receive a visa and will require a waiver ineligibility to travel to the United States.

Mr.Generous

For anyone else reading this I read an article recently and it covered a similar situation. The advice to the guy was to tell the truth on his esta application, his problem was he was arrested once for a serious crime - something he did not do, and released without charge. The esta application asks "Have you ever been arrested for serious crime" so even if you did nothing wrong but were arrested you are basically stuffed.

Imagine putting "yes" and await the result …


They went on to say that the UK do not share details with the USA or anyone else or allow access to the police databases except in exceptional circumstances or for particular types of crime (terrorism, drug smuggling, people trafficking etc all international crimes.)


Unless you are a notorious criminal or committed an offence you think might have caused the authorities to take a particularly dim view I think you'd be better off just answering "No" to the question.


OP I agree with Shaun, go and see the embassy, such a long time ago I think you'll be fine.

Pantzman

It was so tempting to say no on the form but I would imagine random people get picked out and I'd have had a heart attack through fear of getting caught going through customs and sent back. I'd have looked guilty as sin just through shear fear! I doubt I could even reapply on my esta now and lie anyway, as now they have my details.

Voyager2002

Pantzman wrote: »

It was so tempting to say no on the form but I would imagine random people get picked out and I'd have had a heart attack through fear of getting caught going through customs and sent back. I'd have looked guilty as sin just through shear fear! I doubt I could even reapply on my esta now and lie anyway, as now they have my details.

Yes that is right, they now have your details.


They are trained to notice if people arriving look nervous, and so ask questions. Someone in your situation might well "sing" under pressure: if not they can telephone their counterparts working in UK immigration, who do of course have access to our criminal records and may choose to pass on the information. So unless you are the kind of cool cucumber who can pass immigration without looking worried, a lie is unlikely to work.

Voyager2002

Pantzman wrote: »

About 25 years ago when i was in my early 20s I was convicted of 'Possession of Cannabis with intent to supply'. I was young, stupid and naive. Ironically I was the only person who had a good job, a car and a mortgage so I would go and buy it and sell it to my mates round my house.
Long story short was I got followed back and arrested and due to the amount ( 1/2 a nine bar?) I almost went to prison. It was more serious back then as nowadays it would possibly be just a caution. what makes it worse it has the horrendous sounding " Drugs Trafficking"(!) on my DBA
So - pointless backstory but now I'm almost 50 my wife wanted to go to New York. I knew I was unlikely to get accepted for ESTA and lots of people said " Just lie, you'll be fine" but that's not in my nature now. I'm a foster carer and play an active role in my communities. I did apply for an ESTA and of course it got refused.
Now the back story is irrelevant but the question is should I even bother trying to get a VISA as it would mean a long trip to London and if there's no chance I don't want to waste my time ebven thinking about it. Shame as that silly mistake all that time ago was a different person.
hanks for any opinions, facts or simialr storries.

The best advice is not to bother: New York is really not all that special, and IMHO not worth the hassle of getting a visa. (For my last trip there my wife needed a visa and it was a real nuisance, and the rewards of the place do not justify it.)


Try to find out the relevant US law before you apply for a visa: people who ever belonged to a communist or fascist political organisation are barred for life from the USA, and that might also apply to drug issues. And remember that there is a consulate in Belfast that might be more convenient than London.

George_Michael

Voyager2002 wrote: »

The best advice is not to bother: New York is really not all that special, and IMHO not worth the hassle of getting a visa. (For my last trip there my wife needed a visa and it was a real nuisance, and the rewards of the place do not justify it.)

Just because you didn't like the place doesn't mean that everyone else won't like it there.
The number of international visitors going to NY increases every year (over 13,000,000 in 2017) and I know people who go there every year and love it so it must have something going for it.

It's not for me as I don't like holidaying in cities but this doesn't mean that the OP and their wife wouldn't like it there.

Sharon87

Maybe ask advice from a visa lawyer. They will have lots of experience with these kinds of issues.

In my opinion it's unlikely to be a problem, but under Trump things seem to have tightened up with visas. I get visas for my colleagues all the time and we used to be able to get away with iVisas for media, but now things have tightened up and they scrutinise our productions more as only certain shows are eligible, now we have to get O visas, which are costly and take AGES.

If you think it's worth it, then you can try. Once you get a visa it can last a lot longer than an ESTA. My sister in law who's not from the UK was granted a 5 or 10 year visa for her trip to the USA last year.

Pantzman

Sharon87 wrote: »

Maybe ask advice from a visa lawyer. They will have lots of experience with these kinds of issues.

In my opinion it's unlikely to be a problem, but under Trump things seem to have tightened up with visas. I get visas for my colleagues all the time and we used to be able to get away with iVisas for media, but now things have tightened up and they scrutinise our productions more as only certain shows are eligible, now we have to get O visas, which are costly and take AGES.

If you think it's worth it, then you can try. Once you get a visa it can last a lot longer than an ESTA. My sister in law who's not from the UK was granted a 5 or 10 year visa for her trip to the USA last year.

Thanks for that.
would you mind explaining the steps involved in applying for a visa?

shaun_from_Africa

Pantzman wrote: »

Thanks for that.
would you mind explaining the steps involved in applying for a visa?

You fill out the required form (DS160) online and submit it along with a digital photograph and print out a copy of the form.

You then have to create an online account and pay the required visa fee. Once this has been done you can book an appointment for the visa interview.
When you do this, it will allow you to pick a time and date from any of those available and to make the booking you will need the print out of the visa form from above (this has a reference number on it that you need to enter) and the payment reference number.

There is a good chance that it will show the next available appointment many weeks in the future but once booked, it's free and easy to change this booking online.
Keep checking as there are often cancellations and you might get an appointment with a much closer date.
I renewed my visa about 18 months ago and when I first booked an appointment, the earliest I could get was 6 weeks away but I checked the visa website on a regular basis and was lucky and got a new appointment for 4 days after I submitted the paperwork.

You go in (don't take a large bag as you won't be allowed inside with it) and get called to a counter where they will check your paperwork then you go to a different area and wait to be called for an interview.
My interview was a 2 minute chat over a counter but yours may well take longer due to your circumstances.
They keep your passport and it should be handed over to their courier within 2 days for return back to you.

In the end, I submitted my forms online on Sunday 11th June, had my interview on Thursday 15th June and my passport was back in my hand on the morning of Saturday 17th June.
I know I was extremely lucky in getting such a short notice appointment but if you do decide to go ahead with your application and you can get to the embassy on fairly short notice, keep checking the website for interview cancellations.