Holiday visa for newyork

Travel Forums Introductions Holiday visa for newyork

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1. Posted by Brendanio10 (Budding Member 3 posts) 1w Star this if you like it!

Hi everyone. I need some help on travelling to new york. I have previous convictions over 6 years ago that consist of posession of class A drug and assault on police officer. They sound bad but very minor happened as i received community service for these acts.

I am from Ireland and wondered if i would not be allowed to enter US soil with these convictions or what should i do.

Thank you.

2. Posted by BeateR (Full Member 180 posts) 1w Star this if you like it!

You have to apply for ESTA via,

https://esta.cbp.dhs.gov

which is not a Visa but a Visa Waiver. You have to answer all questions and then you will see what happens.
If it is approved you can stay 90 days in USA. If not, you could apply for B 2 Visa, but this will need more paperwork.

3. Posted by leics2 (Travel Guru 1066 posts) 1w 1 Star this if you like it!

>what should i do.

You have two convictions, one of which is drug-related and the other which might, because it involved a police officer, be considered a crime involving moral turpitude (CIMT).

There is no point in applying for an ESTA (visa waiver) unless you intend to lie when you answer >Have you ever violated any law related to possessing, using, or distributing illegal drugs?<. If you don't lie your application will automatically be refused and you'll just have wasted the ESTA fee.

Making a fraudulent declaration (i.e. lying) on the ESTA application is a US criminal offence. Lying on the ESTA once means that you wull always need to do so. If you ever need a US visa (e.g. to work or live in the US, or because the US removes the visa waiver option) your lie will greatly reduce your chances of being granted one.

For the reasons above I would advise you to apply for a B2 tourist visa rather than lie on the ESTA though it is, of course, entirely your decision.

As you have a drug conviction which in itself makes you ineligible for entry to the US, I think it's very unlikely that you'll be granted a visa on the day of your interview. The interviewing officer will decide whether to recommend you for a 'waiver of inadmissibilty' or to flatly refuse you a visa. No-one here or anywhere else can tell you the chance of you being recommended for a waiver: each case is decided individually, taking into consideration all the details of the applicant's past and present circumstances. Waiver recommendations aren't made unless the officer considers there is a good chance of a waiver being granted but processing is slow:

https://ie.usembassy.gov/visas/ineligibilities-and-waivers/niv-waivers-processing-times/

Only you can decide whether to risk lying on the ESTA (which means you illegally enter the US) or to apply for a visa which, if granted, means you can legally visit for as long as the visa is valid (which can be any period up to 10 years). I know what I'd choose.

[ Edit: Edited on 14-Jan-2020, 12:18 GMT by leics2 ]

4. Posted by AndyF (Moderator 1832 posts) 1w Star this if you like it!

To add to Leics2's comprehensive advice,

From what I've read of the experiences of others writing on here, 6 years sounds a little recent for a drug conviction. It does seem to vary but more often people seem to be successful after 10 years. You also have a second conviction which won't help.

Lying on the ESTA application becomes even more of a problem if you ever need to apply for a full visa in future (eg work send you there, or the USA change the ESTA rules and make Irish citizens apply for visas) - you'd then be subject to thorough checks and your previous lies would come to light.

5. Posted by BeateR (Full Member 180 posts) 1w Star this if you like it!

Only to make it clear: I did NOT suggest lying on the ESTA. And you are right, lying is by far the worst decision.
I only suggested to try it. there is not much which can go wrong, in the worst case you'll lose14 $.

6. Posted by leics2 (Travel Guru 1066 posts) 1w 1 Star this if you like it!

Beate, the poster made it clear that he/she has a drugs conviction.

There is no point in applying for an ESTA with any drugs conviction unless the applicant intends to lie so imo there's no point in even suggesting that they 'try it' (and waste their money).

The ESTA question is very clear indeed: >Have you ever violated any law related to possessing, using, or distributing illegal drugs?< It doesn't even refer to being arrested, charged or convicted...it's a a straightforward question. Ticking 'Yes' to that question results in an automatic denial.

[ Edit: Edited on 14-Jan-2020, 12:50 GMT by leics2 ]

7. Posted by Brendanio10 (Budding Member 3 posts) 1w Star this if you like it!

Thank you all for the replies. Think i will just leave it for another few years amd maybe 1 day see it. I will start looking at other places i wish to visit. Thank you all again much appreciated.

8. Posted by leics2 (Travel Guru 1066 posts) 1w Star this if you like it!

You're more than welcome. I think leaving it for a few more years (e.g. 10 since the last offence) is a very good idea. :-)

9. Posted by Brendanio10 (Budding Member 3 posts) 1w Star this if you like it!

Yes i will thank you. I was convicted on the same day of all these offences. Another 4 years will be 10 years spent. Thank you again.

Post 10 was removed by a moderator