traveling to USA with section 10 posesion

[ocean1]

Hi all,

Looking for some advice.
I'm looking to travel to USA in the next 6 weeks
Left this a bit late and initially thought there would be no issues but upon reading forums / embassy / esta, I may be in bit of a pickle.

Summary
- Received a minor substance possession charge
- received a section 10 on a good behavior bond (still in this bond) no conviction

A friend of mine was charged for something similar and he applied through the US embassy for a VISA and got one on the spot at the Face to Face Interview.
His scenario is a bit different as his case was dropped before it got to court.

From what I've read, mixed reviews stating to either
- fill out ESTA with all questions as no and hope for the best?!?
- Apply for a visa through the embassy but could take months?!

Any advice / input is appreciated

 

[N860CR]

When was the incident?

 

[FrustratedQP]

So you're on a Section 10 Bond and you are considering committing the offence of 'make false instrument' do you really need someone else to tell you what you should do?

 

[Cynicor]

You are basically SOL with any legal means of entry. Your choice from here, but you should apply for a visa, which will be denied on the initial interview and have to go through the 20-something week approval process.

 

[chelzmalee]

You're SOL.

ps Don't even think about lying on your ESTA. The USA is not to be messed with, not to mention breaking the law is kind of frowned upon - and lying on your ESTA is such.

 

[NoName]

I'm not suggesting to lie but what are the chances of them finding out if you did? And what are the consequences? Fine? Prison? Or simply being deported and never given a future visa? Is it 100% that they will know? If it's 100% then that means they must check everyone's criminal record in which case it kind of makes the question process redundant.

 

[MarkD]

What is SOL?

 

[juddles]

What is SOL?

It's Spanish for Sun.

 

[juddles]

.....lying on your ESTA.....

would be a good path to take if you wanted to help destroy any future chances at visas from many countries

 

[coolkid101]

What is SOL?

https://www.google.com.au/search?q=acronym sol&cad=h

 

[MarkD]

https://www.google.com.au/search?q=acronym sol&cad=h

Thanks...

 

[justcallmeryan]

Hi all,

Looking for some advice.
I'm looking to travel to USA in the next 6 weeks
Left this a bit late and initially thought there would be no issues but upon reading forums / embassy / esta, I may be in bit of a pickle.

Summary
- Received a minor substance possession charge
- received a section 10 on a good behavior bond (still in this bond) no conviction

A friend of mine was charged for something similar and he applied through the US embassy for a VISA and got one on the spot at the Face to Face Interview.
His scenario is a bit different as his case was dropped before it got to court.

From what I've read, mixed reviews stating to either
- fill out ESTA with all questions as no and hope for the best?!?
- Apply for a visa through the embassy but could take months?!

Any advice / input is appreciated

I have a close friend of mine with the same issue - the answer is DON'T LIE ON YOUR ESTA... If you get caught (likely) you will never be allowed entry to the US ever again.

Suggestion is that you apply for a visa through the consulate/embassy, go for the interview and hope for the best. They may be nice to you, but it's doubtful. They will let you know how long you have to wait, and give you a time frame for applying again. Or just wait until your bond is done.

Finally: DON'T LIE OR SCREW WITH THE U.S. (or any government) as you'll never get in again.

 

[Cynicor]

It's not just the USA that won't let you in again, unless you feel like lying on many other immigration forms too.

A lot of countries have a "have you ever been denied entry to another country"-type questions, which will then become a yes...

 

[harvyk]

If it's a bond, but no conviction recorded, I'd go for an ESTA, answering the questions truthfully, and to the letter.
The other choice is to request your police record, and answer the ESTA in accordance with that record (as one can argue that it is the official record of events).

Remember that what ever chance that you had of getting into the US will immediately disappear if you flat out lie, since they do share such information across borders, and getting caught lying on official forms is a sure way of stopping international travel full stop.

 

[MEL_Traveller]

...since they do share such information across borders, and getting caught lying on official forms is a sure way of stopping international travel full stop.

that's an interesting point. I wonder how much information is readily available at point of entry, as opposed to the information which might be available on request?

I know there is the interpol list (wanted criminals etc) and the 'no-fly' list. But watching border security, things like criminal records seem to have to be 'requested' from other jurisdictions? (and will only be done so if it is discovered you might have a record)

I would find it strange if a person's criminal record was available at every port of entry, automatically... what is a crime in some countries would not be in others...

 

[harvyk]

that's an interesting point. I wonder how much information is readily available at point of entry, as opposed to the information which might be available on request?

I know there is the interpol list (wanted criminals etc) and the 'no-fly' list. But watching border security, things like criminal records seem to have to be 'requested' from other jurisdictions? (and will only be done so if it is discovered you might have a record)

I would find it strange if a person's criminal record was available at every port of entry, automatically... what is a crime in some countries would not be in others...

I've always suspected the reason that they want an ESTA organised at least 72 hours prior was to allow time for basic criminal checks / checks on watch lists. As for the question of what is considered a crime in one country might not be considered a crime in another is another interesting point.

Of course there is always the argument that when you're in a country, you should respect / obey ALL the laws of that land, even if that action is not illegal in your home country, therefore there could be an argument that if you where allowed into the US having broken a law in another country, despite the law not existing in the US, what happens if the US has a law that you don't agree with? Will you still respect / obey ALL laws of the US?

 

[MEL_Traveller]

I've always suspected the reason that they want an ESTA organised at least 72 hours prior was to allow time for basic criminal checks / checks on watch lists. As for the question of what is considered a crime in one country might not be considered a crime in another is another interesting point.

Of course there is always the argument that when you're in a country, you should respect / obey ALL the laws of that land, even if that action is not illegal in your home country, therefore there could be an argument that if you where allowed into the US having broken a law in another country, despite the law not existing in the US, what happens if the US has a law that you don't agree with? Will you still respect / obey ALL laws of the US?

I thought the ESTA was partly to allow time for checking against 'no-fly' lists... but also 72 hours because I know from personal experience that if you apply on weekends, you sometimes get a delay in response until the next working day in the USA.

Could a record of breaking the law in one country be evidence you are about to break it in another? Perhaps for drug trafficking or sex 'tourism' (etc)... maybe even for things such as visa overstays or working illegally. But let's say you are a citizen of a country where homosexuality is illegal, and you are convicted of such. Would/should the USA know, or even care about that? Or evidence of supporting democracy? Or kissing in public in the UAE?

Would evidence of that specific law-breaking somehow affect your character to enter the USA?

 

[AVC]

And what are the consequences? Fine? Prison?

Basically, the consequences are getting put into a windowless room at the airport, getting questioned, then getting put on the first plane straight back to wherever. At your cost. Probable forfeiture of your original return ticket (depending on fare type), accommodation costs, transfers, etc etc.

But hey, there are Disneylands in plenty of other countries, right?

 

[Deleted member]

What is SOL?

I must confess. I would have thought SOOL was a better acronym. But what would I know

 

[cove]

Let me wish you the best of luck with your travel plans ocean1. My family travels to the U.S. regularly so we see folks get taken off to interview rooms. I recommend you tell the truth and if that means a six month wait in getting a Visa approval then at least you will have overcome an obstacle in your life.