US Entry with criminal record

[T-Dawg]

I have a drugs charge from when i just turned 18 which was in 1993. i seemed to be getting mixed reports on whether this will be an issue.
I would like to take my kids to Disneyland and I am hoping this won't prevent me.

 

[harvyk]

It most likely will cause problems. I would suggest if you did want to try for a visa, do so before actually making any bookings. The US are well known for "6 to 8 weeks" meaning "6 to whenever we feel like it".

 

[burrco]

Agree can potentially cause problems see 2(i)(II):

(2) Criminal and related grounds.-

(A) Conviction of certain crimes.-

(i) In general.-Except as provided in clause (ii), any alien convicted of, or who admits having committed, or who admits committing acts which constitute the essential elements of-

(I) a crime involving moral turpitude (other than a purely political offense or an attempt or conspiracy to commit such a crime), or

(II) a violation of (or a conspiracy or attempt to violate) any law or regulation of a State, the United States, or a foreign country relating to a controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)), is inadmissible.

(ii) Exception.-Clause (i)(I) shall not apply to an alien who committed only one crime if-

(I) the crime was committed when the alien was under 18 years of age, and the crime was committed (and the alien released from any confinement to a prison or correctional institution imposed for the crime) more than 5 years before the date of application for a visa or other documentation and the date of application for admission to the United States, or

(II) the maximum penalty possible for the crime of which the alien was convicted (or which the alien admits having committed or of which the acts that the alien admits having committed constituted the essential elements) did not exceed imprisonment for one year and, if the alien was convicted of such crime, the alien was not sentenced to a term of imprisonment in excess of 6 months (regardless of the extent to which the sentence was ultimately executed).

Classes of Aliens Ineligible to Receive Visas

Still worth applying though, as consular officials can show discretion. harvyk is spot on though - def. apply before making any non-refundable bookings.

 

[Simo]

Harvyk is on the money with his response but if you want have a look in the forum and there will be some experiences of people with similar situations and there may even be some outcomes as well.

 

[dk4]

I would like to take my kids to Disneyland and I am hoping this won't prevent me.

Disney's lands not in the USA, try - Disney Parks | Destinations | Disneyland Resort Paris (Paris) Hong Kong Disneyland | Toy Story Land (Hong Kong) Tokyo Disney Resort Official WebSite (Tokyo)

 

[nickykim]

And potentially be ready for your re-entry into Australia to take a little longer. My step brother who is now 40+ with small children, has a drug conviction from when he was 18. He flys back to NZ to see family once a year and is taken aside and has his bag searched every time. You might want to factor this in so your partner is ready to deal with the children.

 

[*A Flyer]

I have a drugs charge from when i just turned 18 which was in 1993. i seemed to be getting mixed reports on whether this will be an issue.
I would like to take my kids to Disneyland and I am hoping this won't prevent me.

Charge or conviction? In either case, the arrest is sufficient to render you ineligible (as I understand it) for the ESTA and VWP. Thus, you need to apply for the visa. If you were convicted your chances will be a lot lower than otherwise.

 

[The Rok]

I think you have Bob Hope and No Hope. Best pick a different country to save the hassle. Anything to do with Narcotics or Firearms and they will not grant you the visa.

Try Hong Kong.

 

[HarryB]

Is this not covered under spent conviction laws, i.e. sentenced more than 10 years ago and presumably no convictions since?

 

[nickykim]

Spent convictions only exist in some states eg NSW. No such thing in Victoria so don't think it won't be revealed nd be ready to deal with it.

 

[HarryB]

Just did a little research and it seems Victoria is the only state without a spent convictions scheme. It looks like a draft bill was put before parliament a couple of years ago but I assume it didn't get through.

 

[Leight]

Hi,

I'm having a great deal of difficulty trying to find out how I should answer Section 1.1.1.1.6 B) of the ESTA form:

"B) Have you ever been arrested or convicted for an offense or crime involving moral turpitude or a violation related to a controlled substance; or been arrested or convicted for two or more offenses for which the aggregate sentence to confinement was five years or more; or been a controlled substance trafficker; or are you seeking entry to engage in criminal or immoral activities?"

I had a conviction recorded in 9 years ago (2003) of DUI under the influence of marijuan_ and was banned for driving for 10 months, $1,000 fine.

Would say that I should be answering YES to this question?
Would I have to apply for a VISA at the consulate or would I be suitable to apply via the ESTA/ Visa Waiver Program?

 

[flymetothemoon]

Just did a little research and it seems Victoria is the only state without a spent convictions scheme. It looks like a draft bill was put before parliament a couple of years ago but I assume it didn't get through.

That's true. Victoria has also for a while now had the "Diversion Program" which is for first time offenders of minor crimes - basically the charges get discharged and no criminal record is viewable by the public, so I presume this means even customs etc.

Hi,

I'm having a great deal of difficulty trying to find out how I should answer Section 1.1.1.1.6 B) of the ESTA form:

"B) Have you ever been arrested or convicted for an offense or crime involving moral turpitude or a violation related to a controlled substance; or been arrested or convicted for two or more offenses for which the aggregate sentence to confinement was five years or more; or been a controlled substance trafficker; or are you seeking entry to engage in criminal or immoral activities?"

I had a conviction recorded in 9 years ago (2003) of DUI under the influence of marijuan_ and was banned for driving for 10 months, $1,000 fine.

Would say that I should be answering YES to this question?
Would I have to apply for a VISA at the consulate or would I be suitable to apply via the ESTA/ Visa Waiver Program?

Firstly I suggest you apply for a police report based on fingerprint check and see if anything comes up. I presume if you had a conviction recorded then yes, something will show up on your record. Especially being drug related I would recommend applying for a visa. If nothing does show up on your police report then obviously it's up to you if you want to answer No or Yes.

 

[Leight]

That's true. Victoria has also for a while now had the "Diversion Program" which is for first time offenders of minor crimes - basically the charges get discharged and no criminal record is viewable by the public, so I presume this means even customs etc.



Firstly I suggest you apply for a police report based on fingerprint check and see if anything comes up. I presume if you had a conviction recorded then yes, something will show up on your record. Especially being drug related I would recommend applying for a visa. If nothing does show up on your police report then obviously it's up to you if you want to answer No or Yes.

What about what these lawyers are saying @ Cordato & Partners?

"Driving Offences
Driving offences which do not involve bodily injury or death or recklessness are not covered by this definition and therefore are not crimes of moral turpitude.
For example, I am often asked if a conviction for driving without a licence, or whilst under the influence of alcohol or a drug are convictions that a person must answer yes in Question B).
My response is that Question B) can be answered no as these driving offences are not crimes of moral turpitude, so long as the car is not stolen, the charge is not for possession of drugs, and there is no bodily injury or death resulting."

 

[flymetothemoon]

What about what these lawyers are saying @ Cordato & Partners?

"Driving Offences
Driving offences which do not involve bodily injury or death or recklessness are not covered by this definition and therefore are not crimes of moral turpitude.
For example, I am often asked if a conviction for driving without a licence, or whilst under the influence of alcohol or a drug are convictions that a person must answer yes in Question B).
My response is that Question B) can be answered no as these driving offences are not crimes of moral turpitude, so long as the car is not stolen, the charge is not for possession of drugs, and there is no bodily injury or death resulting."

Unfortunately though what a criminal lawyer might say might not be how the U.S sees it. I suggest you speak to an approved Immigration lawyer specialising in applying for visas to the U.S to see if it is classed as moral turpitude but like I said, I would also first get a copy of your police report and see if it comes back clean.

 

[rzzo]

Hi,

I'm having a great deal of difficulty trying to find out how I should answer Section 1.1.1.1.6 B) of the ESTA form:

"B) Have you ever been arrested or convicted for an offense or crime involving moral turpitude or a violation related to a controlled substance; or been arrested or convicted for two or more offenses for which the aggregate sentence to confinement was five years or more; or been a controlled substance trafficker; or are you seeking entry to engage in criminal or immoral activities?"

I had a conviction recorded in 9 years ago (2003) of DUI under the influence of marijuan_ and was banned for driving for 10 months, $1,000 fine.

Would say that I should be answering YES to this question?
Would I have to apply for a VISA at the consulate or would I be suitable to apply via the ESTA/ Visa Waiver Program?

Hi Leight DUI is not a crime involving moral turpitude. You can apply via ESTA and tick NO to "Have you ever been arrested or convicted for an offense or crime involving moral turpitude etc..."

b. Crimes c ommitted against governmental authority, which would not constitute moral turpitude for visa - issuance purposes, are, in general, violation of laws which are regulatory in character and which do not U.S. Department of State Foreign Affairs Manual Volume 9 Visas 9 FAM 40.21 (a) Notes Page 5 of 26 involve the element of fraud or other evil intent. The following list assumes that the statutes involved do not require the showing of an intent to defraud, or evil intent
(6) Drunk or reckless driving;

See page 4 & 5 www [dot] state [dot] gov/documents/organization/86942.pdf