You must apply for an ESTA online to enter the USA after 12 Jan 2009

Stephb1986_2

dinkydog wrote: »

Yes, sorry about that. But turning up smartly dressed is a heck of a lot better than turning up in jeans and a t-shirt, unshaven, and unkempt.

Every little helps to show rehabilitation, and if the worst happens at least you know you have done everything you could.

It's ok really I didn't think about it! the only thing I didn't, I'm glad you mentioned so thank you so much

Steph xx

craig777

dinkydog wrote: »

I've always wondered what happens in the case of on the spot fines for drug possession. Although these fall under the "violation" criteria do they actually appear on a police certificate.

They get entered on the PNC, so would show up on a 'subject access request', but I'd be suprised if they show up on an ACPO certificate, because I'm pretty sure 'on the spot fines' get stepped-down as soon as they are entered onto the PNC.

craig777

dinkydog wrote: »

Lying on ESTA is the easiest way to get someone banned.

This got my little brain thinking. I thought ESTA was a fully automated system, so if you get authorisation, how could lying be detected? Unless of course for some reason you got taken to secondary immigration for further checks.

craig777

Interesting read indeed. Immigration rules/regs/stats seem to be taking over my life lately! I'm actually becoming very interested in the subject. I've seen a few of the 'UK Border Force' programes on Sky too which are an interesting watch... amazing the lengths people go to get into the UK!!

dzug1

craig777 wrote: »

This is the thing, US Immigration and US Embassy seem to have differing opinions on what makes someone inelligible for the VWP. You are supposed to apply for a visa if you have been arrested for ANYTHING regardless of the outcome, this is what the US Embassy say.

They say it because they quite rightly don't trust the majority of the Great British Public to have the slightest idea what moral turpitude and the like are. Therefore their advice is to let them decide - by applying for a visa.

I doubt if the visa fees angle is very high on the supporting reasons list

Stephb1986_2

Hi Well I'm back, he was in the embassy for 3 hours, there is a Starbucks just down the road if anyone is going. Because he has a drug conviction on his record they have refered it to Home Land Security has anyone had this before now?

Many thanks

Steph xx

dzug1

Stephb1986 wrote: »

Hi Well I'm back, he was in the embassy for 3 hours, there is a Starbucks just down the road if anyone is going. Because he has a drug conviction on his record they have refered it to Home Land Security has anyone had this before now?

Many thanks

Steph xx

Loads of people I should think.

It means that the interviewing officer (and probably his boss) felt that granting a visa was beyond their powers of discretion and that they need to refer it to HQ for a 'waiver of ineligibility'. This could (I don't say will) take a month or two.

You can take heart from the fact he wasn't turned down outright - it means they thought he had some chance.

Stephb1986_2

They did say it would take about 6-8 weeks, and they would email him to send his passport to them to grant the visa. She said that he had a really good chance because it was so long ago and he hasn't done anything since.

Steph xx

mrgoo

dinkydog wrote: »

Doesn't matter if it was only 1 gram, its still "a violation related to a controlled substance"

There is an excemption for this for less than 30 grams of marijuana, and more than 15 years have passed since the offence.

9 FAM 40.21(b) N5.1 ...

An immigrant alien who is inadmissible under INA 212(a)(2)(A)(i)(II) insofar as it relates to a single offense of simple possession of 30 grams or less of marijuana is eligible to apply for a waiver of inadmissibility under INA 212(h) if it is established to the satisfaction of the Attorney General that:

(1) The activities for which the alien is inadmissible occurred more than 15 years before the date of the alien’s application for visa;

(2) The alien’s admission to the United States would not be contrary to the national welfare, safety, or security;

and

(3) The alien has been rehabilitated.

This 15 year timeframe has been reduced before, moreso in the cases of cautions for possession. marijuana also equals hash in this instance.

I've always wondered what happens in the case of on the spot fines for drug possession. Although these fall under the "violation" criteria do they actually appear on a police certificate.

Just wondering if this means you do not have to get a visa if this is the case and use vwp? thanks

alanrowell

mrgoo wrote: »

Just wondering if this means you do not have to get a visa if this is the case and use vwp? thanks

Probably nothing - you show up, they ask a few questions (hint don't admit to genocide or wanting to overthrow the US government) then let you in.

Or they don't like your answers and stick you on the plane back at your own expense or because they can't send you home immediately you get a trip to a detention centre complete with leg irons & manacles (honest) just in case you try to bust out / kill a guard