entering usa

[jadeyjade]

unfortunatly a friend of mine has a conviction for drugs and is hoping to travel to the states for a 2 week holiday do you think there is any chance

[Buenchico]

(2-part post):

There are two ways your friend could approach the problem:

Firstly, he could try to 'cheat the system' and enter the USA under the Visa Waiver Program. (i.e. by lying on the form which travellers complete on the plane). The US authorities don't have direct access to UK criminal records, so he might be lucky. However, the UK does pass some information to the US immigration service; the problem is that we're not told exactly what they get to know. It's almost certain that serious drug offences (such as drug-smuggling or drug dealing) will be notified to the US; it's less clear whether minor offences will be included in the information passed on.

Obviously, the risk is that he could be turned back on arriving in the USA. That would mean losing his holiday and having to pay a full-fare scheduled ticket price for the return flight. (If he couldn't do so,he'd probably be held in the detention cells until the scheduled date of his return flight).

So, although he might get in under the Visa Waiver Program, I certainly wouldn't recommend trying to do so.

[Buenchico]

The alternative, of course, is to apply for a visa. This is a long-winded process. First, he'd have to apply to the police for a copy of his criminal record. (Cost �10. Maximum wait 40 days). He'd then need to arrange an appointment at the US embassy in London. (Cost $100. Wait around 2 weeks). After downloading and completing the relevant paperwork, he'd have to attend the interview. (Cost �13.50 to pay for the return, by courier, of his passport). He'd then have to wait to hear the result of his application. (Minimum time currently quoted = 8 weeks. During this time his passport would be held at the embassy, so he wouldn't be able to leave he country for any other travel).

The risk with this approach is, of course, that he could be refused a visa. The exact criteria used by the US authorities are not made public but it seems likely that someone convicted of possession of a class C substance 20 years ago would stand a much greater chance than someone who has just been released from prison for supplying a class A drug.

If your friend has already booked his holiday, then he has been extremely unwise. (That's the politest way I can put it). If time allows, I'd recommend that he seeks a visa.

If he's not already booked, I suggest that he seeks a visa before he even considers booking. (If necessary, that might mean delaying the holiday until next year).

Chris

[NORMANTHEDOG]

it really depends on what drugs were involved,if it was class a and a lot of them,then he might have a problem,if it was for a bit of cannabis then the us customs will not know about it,and he can just get in through the visa waiver form,loads do it each year,chris does like to overdo it a bit,but the us have no access to our criminal records,so he should be fine.

[Carol Anne]

Whatever happened to the truth these days?

What a tangled web we weave, when we practice to deceive...........

[bobby3]

Hey there, this isnt an answer to the initial question but a follow on as a friend of mine is in a similar position.

He got caught with a very small amount of cocaine on night out in London and got convicted of possession of class a drug. The thing is he is in a band that were very close to getting a record contract. Now the labels wont touch the band if he's in it as he wont be able to get a working visa if the band are sent on tour.

My question is, what are the chances of him going through that application process you mentioned above to grant him access when/if the band are sent abroad on tour? Or if you have any other suggestions on the situation.

Thankyou