Tourist Visa with conviction

[JimsG 0]

Hi,

 

I'm hoping for some advice regarding a tourist visa to visit Hawaii, I m a British Citizen who has permanent residency in Australia and I have booked to go to Hawaii in July and never realised getting a visa was going to be an issue with a previous conviction. I applied for travel authorization and had my application returned as I answered yes to the mandatory question for having a conviction for being in possession of a controlled drug. I was convicted of being in possession of marijuana in 2000 and was given a fine.

 

I am looking for advice on what is the quickest way to get approval to fly, is that a B-1 visa and how do I apply for that as a Brit in Australia as interviews are required and how long does it take? I have tried contacting the embassy here in Australia but I'm waiting to hear back from them and I'm freaking out as I have only 7 weeks till I fly and its all booked and payed for. 

 

Any advice is greatly appreciated. 

 

Thanks

 

[Boiler 45,931]

B2 visa, last time I looked waivers were 6 months or so, you will not be flying this summer.

[Roel 7,193]

B2 visa. If you live in Australia, you apply through embassy there. No idea what's current waiting time there.

 

Yes, you will still have to tell them about your conviction, both in the application and on the interview, if they ask you. It's still 50/50 chance if you will receive a visa or not.

 

Also never - NEVER EVER - book anything before you have a visa in hand. No one will refund you that and embassy won't care that you made booking plans already.

[geowrian 22,338]

First, you must apply for the visa. You can do this in Australia. I'm unsure on their timelines, but normally a few weeks for an appointment is common at most consulates.

Second, you interview for the visa and determined to be otherwise eligible for the visa.

Third, the CO may recommend you for a waiver for your inadmissibility (if any). ETA on this is months, not weeks.

[JimsG 0]

Thanks guys, looks like I'm screwed then 

[SusieQQQ 11,587]

US is historically notoriously sticky on crimes involving controlled substances and it’s my understanding that they still are from a visa perspective despite the moves towards legalization of marijuana in many states. If you do decide to go forward with a visa application, it would be useful to others if you return and update this thread with the outcome.

 

by the way you can check appointment wait times for your consulate in Australia via this page http://www.ustraveldocs.com/au/au-niv-waittimeinfo.asp#waittime

 

 

Edited May 15, 2018 by SusieQQQ

[KeratNY 76]

I'm not sure about the actual process of applying for a visa. However, if you were to get one, here is my advice for getting through a US port of entry. Have a certified copy of the arrest/police report and a certified court disposition. Because it was so long ago and you served less than 6 months of jail time (no time is less than 6 months), this should not be an issue entering the country. But they will want to see those things.

 

I also struggle to believe a fine for small amount of marijuana 18 years ago will be prohibitive to enter the country. I've seen people admitted with far more serious issues. 

 

I recommend asking a lawyer for this...a forum isn't good enough. It's worth the $100 or $200 to get a good definitive answer. 

[Boiler 45,931]

6 minutes ago, KeratNY said:

I'm not sure about the actual process of applying for a visa. However, if you were to get one, here is my advice for getting through a US port of entry. Have a certified copy of the arrest/police report and a certified court disposition. Because it was so long ago and you served less than 6 months of jail time (no time is less than 6 months), this should not be an issue entering the country. But they will want to see those things.

 

I also struggle to believe a fine for small amount of marijuana 18 years ago will be prohibitive to enter the country. I've seen people admitted with far more serious issues. 

 

I recommend asking a lawyer for this...a forum isn't good enough. It's worth the $100 or $200 to get a good definitive answer. 

Ask a Lawyer what?

[KeratNY 76]

 

6 minutes ago, Boiler said:

Ask a Lawyer what?

Ask a lawyer how one can get past an 18 year old fine for small amount of marijuana. It is very doable. But he got denied. So a lawyer can help. 

Edited May 16, 2018 by KeratNY

[geowrian 22,338]

20 minutes ago, KeratNY said:

I also struggle to believe a fine for small amount of marijuana 18 years ago will be prohibitive to enter the country. I've seen people admitted with far more serious issues.

A waiver is needed for any controlled substance violation (INA 212(a)(2)(A)(i)(II), https://www.uscis.gov/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-29/0-0-0-2006.html):

"(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-

...

(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."

 

A waiver may be available for marijuana substance violations based on the specifics (mainly if it's 30g or less for IVs at least).

 

For IVs:

https://www.nolo.com/legal-encyclopedia/for-what-types-crimes-may-non-citizen-immigrants-apply-waiver-inadmissibility.html

https://www.uscis.gov/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-29/0-0-0-2006/0-0-0-2424.html

 

For NIVs:

https://fam.state.gov/fam/09FAM/09FAM030204.html

 

Edit: And yes, one can get past it. They would need a waiver to do so.

Certainly worse criminal offenders have obtained a visa. Some needed a waiver and some didn't...depending on the exact crime.Controlled substance violations are written very harshly into existing law.

Edited May 16, 2018 by geowrian

[Boiler 45,931]

7 minutes ago, geowrian said:

A waiver is needed for any controlled substance violation (INA 212(a)(2)(A)(i)(II), https://www.uscis.gov/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-29/0-0-0-2006.html):

"(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-

...

(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."

 

A waiver may be available for marijuana substance violations based on the specifics (mainly if it's 30g or less for IVs at least).

 

For IVs:

https://www.nolo.com/legal-encyclopedia/for-what-types-crimes-may-non-citizen-immigrants-apply-waiver-inadmissibility.html

https://www.uscis.gov/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-29/0-0-0-2006/0-0-0-2424.html

 

For NIVs:

https://fam.state.gov/fam/09FAM/09FAM030204.html

 

Edit: And yes, one can get past it. They would need a waiver to do so.

Certainly worse criminal offenders have obtained a visa. Some needed a waiver and some didn't...depending on the exact crime.Controlled substance violations are written very harshly into existing law.

That was a quick $100 to $200 saved.