ex-drug user wants to travel to the USA?
Discussion
A family I know, mum, dad and a young kid, are planning on going to the USA next year. She recently mentioned to me that her husband used to be a drug-user (heroin and cocaine I gather) - I'm guessing it was four or five years ago. They had a kid and he's now been clean since then. Anyhow, they have the opportunity to travel to NY next year and are very excited about this prospect - they're in the process of getting passports.
However, having been to the USA many times there is a question on the ESTA/Visa Waiver that asks if you've ever been nicked for using a controlled substance. I think he has. As such, what is likely to be the reaction by the US imigration - any ideas?
However, having been to the USA many times there is a question on the ESTA/Visa Waiver that asks if you've ever been nicked for using a controlled substance. I think he has. As such, what is likely to be the reaction by the US imigration - any ideas?
Edited by srebbe64 on Tuesday 7th July 12:44
Just a thought ... perhaps it would be a good idea to contact the US Embassy.
http://www.usembassy.org.uk/cons_new/visa/index.ht...
http://www.usembassy.org.uk/cons_new/visa/index.ht...
Here's a whole thread on it:
http://www.urban75.net/vbulletin/showthread.php?t=...
As the man says, make sure you don't admit to being a member of the Nazi Party or taking part in any genocide.
http://www.urban75.net/vbulletin/showthread.php?t=...
As the man says, make sure you don't admit to being a member of the Nazi Party or taking part in any genocide.
Just ring the Embassy and get an interview booked. He'll probably have to go in face to face and discuss the specific details of his personal history and it's then up to the Embassy to grant or not grant a visa (outside the VWP.) I've had customers with some dodgy criminal records who've been allowed in, not sure of the specific details however, but it should be possible for him to get into the country with an interview.
If he's been convicted within the last ten years and comes clean (i.e. applies for a B1 visa at the US Consulate) he will be denied.
If he lies on his I-94 and gets caught-out, he'll also be denied and banned from entering under the visa waiver program.
Chances of being busted using an I-94 at point of entry? - Small (but not zero), if conviction was for personal use.
If he applies for a B1 and is honest, he's screwed.
If he lies on his I-94 and gets caught-out, he'll also be denied and banned from entering under the visa waiver program.
Chances of being busted using an I-94 at point of entry? - Small (but not zero), if conviction was for personal use.
If he applies for a B1 and is honest, he's screwed.
Soovy said:
They're about to find out that there are consequences for actions.
They could lie but if they are checked out they'll be jailed and then deported.
Which will be nice for little Courtney......
For all we know, the guy is a GP who has kicked his heroin habit. Not all drug users are losers with kids named Brianna, Courtney or Shizzle!They could lie but if they are checked out they'll be jailed and then deported.
Which will be nice for little Courtney......
Edited by Soovy on Wednesday 8th July 10:31
Quite a few GPs with heroin habits last time I read up on it!
srebbe64 said:
I'll get the details and talk to the embassy as suggested.
I'm curious - what's it got to do with you? You stated earlier, "A family I know, mum, dad and a young kid, are planning on going to the USA next year".The folks at the US Consulate are not going to discuss anything with you - unless you are the one with the problem, of course.
You really need to think carefully about this. If you apply for a visa and disclose the conviction, you are going to get denied. Visa denial has future implications - you have to declare it in future applications - and it excludes you from the VWP. If you apply for a B1 and don't come clean on the conviction, they are going to want to know why you want a visa, rather than use VWP.
Applying to the Consulate potentially really narrows your options.
Having experienced both, many times (though conviction-free) I would rather deal with the immigration officer at the POE rather than the surly, suspicious and power-influenced people at the Embassy.
Matt Harper said:
srebbe64 said:
I'll get the details and talk to the embassy as suggested.
I'm curious - what's it got to do with you? You stated earlier, "A family I know, mum, dad and a young kid, are planning on going to the USA next year".The folks at the US Consulate are not going to discuss anything with you - unless you are the one with the problem, of course.
I'd go somewhere else on holiday, to be honest.
Deva Link said:
Matt Harper said:
srebbe64 said:
I'll get the details and talk to the embassy as suggested.
I'm curious - what's it got to do with you? You stated earlier, "A family I know, mum, dad and a young kid, are planning on going to the USA next year".The folks at the US Consulate are not going to discuss anything with you - unless you are the one with the problem, of course.
I'd go somewhere else on holiday, to be honest.
Well I got a text to say that he's had a 'caution' apparently. I'm assuming a caution is not a conviction so he's in the clear.
And no, the problem isn't me - if you read the original post I go to the USA a lot. If you must know, I offered to pay for them to have a holiday in NY next year.
And no, the problem isn't me - if you read the original post I go to the USA a lot. If you must know, I offered to pay for them to have a holiday in NY next year.
srebbe64 said:
Well I got a text to say that he's had a 'caution' apparently. I'm assuming a caution is not a conviction so he's in the clear.
The official US line on the visa waiver rules is that if you (or your friend) have ever been arrested for anything then you can't use the waiver.By the way, you have to use the ESTA scheme in advance now anyway. It was suppossed to replace the visa waiver scheme but at the moment they're being run in parallel. I've put the link in from the Dibb forum as it gives some background for thse unfamiliar with ESTA: http://www.thedibb.co.uk/ESTA-Electronic-System-fo...
srebbe64 said:
Well I got a text to say that he's had a 'caution' apparently. I'm assuming a caution is not a conviction so he's in the clear.
And no, the problem isn't me - if you read the original post I go to the USA a lot. If you must know, I offered to pay for them to have a holiday in NY next year.
Aye aye, keep your wig on - regardless of your generous offer, you're not able to enquire or negotiate on anyone else's bahalf as far as USCIS is concerned - which is what you were suggesting.And no, the problem isn't me - if you read the original post I go to the USA a lot. If you must know, I offered to pay for them to have a holiday in NY next year.
Academic now (happily) - although in an attempt to be a 'catch-all' the wording they use refers to being arrested, rather than convicted. In reality an arrest and caution is unlikely to red-flag him.
I'd steer clear of Grosvenor Sq. and fill in a green I-94 saying "No" to everything.
Plotloss said:
shakotan said:
Or just not declare it on the Visa Waiver, they are highly unlikely to check...
Lie and it wont be discovered, declare it and he wont get in.Essentially.
Even if he lies and they do find out, the worst that will happen is they won't let him in.
They won't find out though as they don't have access to British criminal records. Put it like this, when I applied for my greencard I was the one who had to apply to the police for a background check on myself as the US Embassy isn't able to.
Deva Link said:
srebbe64 said:
Well I got a text to say that he's had a 'caution' apparently. I'm assuming a caution is not a conviction so he's in the clear.
The official US line on the visa waiver rules is that if you (or your friend) have ever been arrested for anything then you can't use the waiver.But no, I don't know what turpitide is.
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