Crosswords1 min ago
Travel to the states
Does anybody know if you can still travel to America after being given a 9 month conditional discharge for a minor drug offence? Ive tried to read up on it n i keep reading that if the conditional discharge period was clean- which it was- then it doesnt actually count as the person being convicted of the offence and your record stays clean, which should mean you can still travel because the court has discharged you on the condition you dont offend again during that period! Can anybody shed some light on this matter for me please? Many Thanks.
Answers
1 to 2 of 2
Best Answer
No best answer has yet been selected by Boooo. Once a best answer has been selected, it will be shown here.
For more on marking an answer as the "Best Answer", please visit our FAQ.
Conditional discharge or not, it was still related to a conviction, which is all that US law is interested in.
The US Immigration and Nationality Act states:
"any alien convicted of, or who admits having committed, or who admits committing acts which constitute the essential elements of . . . 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 . . . is inadmissible".
The only exceptions to that rule are
(i) when the offender was under 18 at the time of the offence AND more than 5 years has passed since that date ; OR
(ii) when the maximum penalty for the offence does not exceed one year's imprisonment. (Note that it's the maximum penalty which COULD have been imposed which is relevant, not the penalty which was ACTUALLY imposed. The maximum penalty for possession of a Class B drug, such as cannabis, is 5 years imprisonment).
So you're almost certainly barred from entering the USA. However that's not the end of the story. You can apply for a 'waiver of ineligibility' but, if you do so, be prepared for a lot of hassle and a very long wait. (The longest wait I've seen reported here on AB was a guy who waited 15 months before having his visa application rejected. He'd committed 2 offences of driving with no insurance).
Chris
The US Immigration and Nationality Act states:
"any alien convicted of, or who admits having committed, or who admits committing acts which constitute the essential elements of . . . 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 . . . is inadmissible".
The only exceptions to that rule are
(i) when the offender was under 18 at the time of the offence AND more than 5 years has passed since that date ; OR
(ii) when the maximum penalty for the offence does not exceed one year's imprisonment. (Note that it's the maximum penalty which COULD have been imposed which is relevant, not the penalty which was ACTUALLY imposed. The maximum penalty for possession of a Class B drug, such as cannabis, is 5 years imprisonment).
So you're almost certainly barred from entering the USA. However that's not the end of the story. You can apply for a 'waiver of ineligibility' but, if you do so, be prepared for a lot of hassle and a very long wait. (The longest wait I've seen reported here on AB was a guy who waited 15 months before having his visa application rejected. He'd committed 2 offences of driving with no insurance).
Chris
Yep as Chis says, you're barred mate, the old septics are hot on what they call crimes of moral turpitude. Just being arrested is enough, no conviction necessary. However if you don't mention it you'll probably be ok, but it is a risk, if you get caught the old plates won't touch! I don't believe they have full access to British criminal records, .....yet!
1 to 2 of 2
