entry as a tourist under VWP

[anne2006 0]

If an organizer thinks this is better suited to the general immigration forum, that's fine, just thought since the conviction took place in the UK and the subject is related to the VWP, folks here in the UK forum might have more knowledge of this sort of thing.

First of all, I'm an old member under a different name, but since this has nothing to do with me or my own visa process and I'd rather the subject not be associated with my account, I'm posting under an alternate. I hope this qualifies as one of those times when that's acceptable.

An American friend has invited a friend from the UK to visit for two weeks. He plans to enter under the VWP. He's never been to the U.S. before. More than five years ago, he was arrested in the UK for possession of a small amount of pot for personal use. He was convicted and given a fine and probation, no jail or prison time. This is his one and only offense.

Since he hopes to enter under the VWP, he has to fill out the ESTA form online which asks, "Have you ever been arrested or convicted for an offense or crime involving moral turpitude or a violation related to a controlled substance; or have been arrested or convicted for two or more offenses for which the aggregate sentence to confinement was five years or more; or have been a controlled substance trafficker; or are you seeking entry to engage in criminal or immoral activities?" The bolded part is the only part that applies to him.

He will answer this question honestly, but he is wondering if he is likely to be denied authorization or turned away at the POE (we understand that he should get an answer about his authorization either immediately or within 72 hours after submitting the ESTA form). I know for immigrant visas, an admission of past drug use carries a ban, but I don't know if it's the same for a tourist entering under the VWP. There is no question of him trying to remain here past his two-week visit; he has strong ties to the UK and will bring proof of such.

At first, we thought there might be an exception which applied to him on the State Department site here, at the bottom of Page 1 and top of Page 2, since it was only one offense which took place over five years ago for which the maximum penalty would not have been more than one year, and he was not required to serve any time. However, when we read it more closely, it looks like this exception is for crimes of moral turpitude, INA 212(a)(2)(A)(i)(I), but it doesn't look like the exception applies to a controlled substance violation, INA 212(a)(2)(A)(i)(II). I'm not sure we're reading the statute correctly though.

Any insight is appreciated. Of course, it would be helpful to hear about any personal experiences as well, but I understand if folks hesitate to share those. Thank you very much.

[English Muffin 59]

His ESTA application will undoubtedly be denied and he will need to apply for a B2 visa at the Embassy in London.

[Boiler 45,542]

I hope he has not bought his ticket yet.

Has he evidence of rehabilitation?

He will need full details for his B2 Visa appointment.

[anne2006 0]

Thank you. I'll pass that along.

[anne2006 0]

Just a postscript: He's not going to attempt to enter under the VWP. He's canceled his travel plans for now. He'll take his time with the B2 route and deal with the probable need for a waiver, and then he'll just hope to be able to make the visit sometime within the next few years if not sooner. I recommended a quick consultation with a proven immigration attorney so he'll have a better idea of where he stands. Again, thank you all for your help.