Drug Possession Charge...I'm sure you've heard this before...

[LionessDeon 2,060]

Yes

ESTA asks among other thing questions about criminal history. How did he get authorised with his drug conviction?

The OP had originally stated the conviction was expunged. So that is why it may not show up on police certificates or record checks.

Edited January 18, 2016 by LionessDeon

[Boiler 46,260]

There have not been any checks yet, OP has not started the process.

For the OP's benefit, expunged or not is irrelevant for US Immigration purposes.

[LionessDeon 2,060]

I know I meant maybe thats how he got the ESTA. Do they do a police record check for ESTAs?

Edited January 18, 2016 by LionessDeon

[Boiler 46,260]

I know I meant maybe thats how he got the ESTA.

He obtained an approved ESTA because he lied about his Criminal past.

OP has as much said so.

No Police check for non immigrant visa's.

[AnAmericanInLove 1]

Yes, to be clear, Tom lied on his ESTA. So, that means we have to file waivers and explain the drug charge, and the misrepresentation.

[LionessDeon 2,060]

Oh strictly by the info on the application then ok. Thanks.

Edited January 18, 2016 by LionessDeon

[LionessDeon 2,060]

Yes, to be clear, Tom lied on his ESTA. So, that means we have to file waivers and explain the drug charge, and the misrepresentation.

Right, I got that part. People were asking how he got into the USA with a drug conviction...like it showed up on his record or something (you had already stated he answered No convictions or arrests) I was pointing out the fact that the conviction was expunged. But they don't check anyway, only go by the info given on the ESTA app.

Anyhoo....I wish you the best.

Take Care.

[Boiler 46,260]

Drug Involvement Will Almost Certainly Bar You From Getting a Green Card
Traffickers in illicit drugs are barred from receiving a U.S. green card. In addition to convictions for crimes involving drug trafficking (which can include distribution offenses), the bar also applies to anyone who has knowingly aided, abetted, assisted, conspired, or colluded with drug traffickers.
Most possession of controlled substances convictions will also present an absolute bar to receiving a green card. A full list of applicable controlled substances is provided by Section 102 of the Federal Controlled Substances Act. (See 21 U.S.C. § 802.)
One notable exception to the absolute bar for controlled substances possession is for a single offense of simple possession of 30 grams or less of marijuana (which includes convictions involving drug paraphernalia). A waiver may be available if you meet this single offense exception. (See Nolo’s article on “Filing Process for the I-601 Waiver,” for more information regarding how to file such a waiver.)

http://www.nolo.com/legal-encyclopedia/crimes-that-are-absolute-bars-green-card-no-waiver.html

[Hypnos 6,578]

Adding on material misrepresentation onto an already sticky drug situation... I just don't see it happening.

I would be genuinely surprised if there was any path to him receiving any kind of visa or even simply being able to visit the US again.

[AnAmericanInLove 1]

Well, perhaps a little prayer, a little positive energy, and some magic fairy dust, and everything will be ok.

No, I don't think a majority of people will see anything mature happen. However, I do, and I think a great lawyer could get the job done.

With all the things waivers are given for, I'm amazed that simple non violent drug possession is not specifically one of them. I thought my generation recognized that the drug war was tragic, cruel, and ineffective. It's a shame we haven't changed the laws to reflect such. Ugh.

[Boiler 46,260]

One great lawyer has been mentioned, not the first time this has come up, if there was a way out I am sure it would have been covered.

[Transborderwife 4,666]

Sadly even when we are young we can make fatal mistakes. Perhaps look into moving to another country together?

[AnAmericanInLove 1]

Our chances are so low, but I'm used to living with disappointment. lol. I'm going for it anyway.

[Boiler 46,260]

It is not a chance issue, consult with a couple of Lawyers specialising in waivers.

[AnAmericanInLove 1]

There is some chance involved, I mean, this is now in the realm of lawyers and immigration officers. I'll keep you posted on how it turns out.

We are advised to get a Dutch criminal attorney to interpret and explain the possession charge and its punishment of community service, so our American immigration lawyer can build her case.

I don't think the law is free from interpretation. It does say, 'In General' when referring to inadmissibility, which is by no means absolute. And on the 601 waiver, I still haven't heard anyone say it's against the law to answer Part IV. No. 39 with an explanation of the drug conviction. He was 18, just the cut off for juvenile crimes, he only did 80 hours of community service, and I am sure the immigration officer in the Netherlands (whoever was lucky enough to be posted here and enjoy the freedom of this country) has some some practical skills beyond reference to the written law verbatim.

The law is not meant to punish someone twice for the same crime. He did his community service, and now he could be banned from the USA 19 years later? Damn America, you embarrass me. I still think the immigration officers aren't this pedantic.