Travelling to US with a criminal record in the UK

Quoting leics2

Anon44:

>I've only seen cases on this thread of people having success and being granted waivers

Most people who post on this thread are successful but I think that says more about the people who post on this thread than the number of people who are denied visas!

I can vaguely recall one person who'd been denied a visa 3 times yet seemed to think he'd be able to get one because he had a new passport (maybe a new citizenship too?).

>does anyone have a rough idea of my chances of being recommended for a waiver

Simple possession of a controlled drug isn't a CIMT. Intent to supply is a CIMT.

https://unlock.org.uk/advice/identifying-whether-my-offence-is-a-crime-involving-moral-turpitude-cimt/

A waiver is automatically required if an applicant has been convicted of a CIMT.

With only one non-CIMT offence which resulted in a discharge (whether absolute or conditional)....and assuming everything else is ok.... I think you have a good chance of being granted a visa. Good luck!

Thanks for your response Leics2, much appreciated

I always thought that a controlled substance charge would make me ineligible for a VISA? Even with just a simple possession charge
Have you got any more info on that?

Thanks

>I always thought that a controlled substance charge would make me ineligible for a VISA? Even with just a simple possession charge

That is most certainly not the case.

I think you have confused visa eligibility rules with Esta eligibility rules. A controlled substance charge always makes someone ineligible for an Esta (unless they lie, which is a US criminal offence and imo not a good idea!). The relevant Esta question is:

>Have you ever violated any law related to possessing, using, or distributing illegal drugs?

If the applicant ticks 'Yes' the Esta is automatically denied and he/she is told to apply for a visa.

As I said above, simple possession is not a CIMT so (assuming everything else is ok) I think you have a good chance of being granted a visa.

Morning all, Just an update.

Interview on the 12th July, Consular requested a medical and to send my SAR, Medical completed on the 22nd July, and i have just received my email to say to send my passport off.

Excellent news, GregM91.

Enjoy your trip to the US! :-)

Quoting leics2

>I always thought that a controlled substance charge would make me ineligible for a VISA? Even with just a simple possession charge

That is most certainly not the case.

I think you have confused visa eligibility rules with Esta eligibility rules. A controlled substance charge always makes someone ineligible for an Esta (unless they lie, which is a US criminal offence and imo not a good idea!). The relevant Esta question is:

>Have you ever violated any law related to possessing, using, or distributing illegal drugs?

If the applicant ticks 'Yes' the Esta is automatically denied and he/she is told to apply for a visa.

As I said above, simple possession is not a CIMT so (assuming everything else is ok) I think you have a good chance of being granted a visa.

Thanks again for your response, super helpful!
One last question, do you have an idea of what questions I might be asked in the interview at the embassy?
I know you can't know for sure but just to get a rough idea

Thank you again

Quoting anon44

Quoting leics2

>I always thought that a controlled substance charge would make me ineligible for a VISA? Even with just a simple possession charge

That is most certainly not the case.

I think you have confused visa eligibility rules with Esta eligibility rules. A controlled substance charge always makes someone ineligible for an Esta (unless they lie, which is a US criminal offence and imo not a good idea!). The relevant Esta question is:

>Have you ever violated any law related to possessing, using, or distributing illegal drugs?

If the applicant ticks 'Yes' the Esta is automatically denied and he/she is told to apply for a visa.

As I said above, simple possession is not a CIMT so (assuming everything else is ok) I think you have a good chance of being granted a visa.

Thanks again for your response, super helpful!
One last question, do you have an idea of what questions I might be asked in the interview at the embassy?
I know you can't know for sure but just to get a rough idea

Thank you again

They will ask you the background to the offence and your circumstances.

They will certainly ask if you are drug user and whether you still are.

In my experience they aren't interested in too much more, perhaps they'll ask about rehabilitation and life changes since the offence. It isn't like a Q&A, they'll let you do the talking so be consistent and true with your explanations and keep to the point.

In addition they will be interested about your reasons for wanting to travel to the USA.

Apart from roofio's helpful post...and the specific criminal record aspect... remember all visa & border officers (whatever country) are primarily interested in these things:

1. Are you likely to cause any problems during your visit (e.g. crime, drug abuse)? (For obvious reasons.)

2. Have you got enough funds to support yourself during your stay? (So you're not any sort of financial drain on the country concerned.)

3. Do you have 'compelling reasons' to return home e.g. job, mortgage, family etc? (So there's very little chance you're going to overstay and/or work illegally).

Thanks so much both of you extremely helpful!
Just couple questions if you are able to help

On the VCU01, I'm not sure exactly what section 6 is asking, when I would probably put in what I had for section 2?
https://uk.usembassy.gov/wp-content/uploads/sites/16/2016/08/VCU01_London.pdf

Also how recent does the ACRO certificate need to be before the interview date?

Thank you again,

Would it be possible to have a topic on how long people have actually waited for the visa waiver to be approved?

epcman:

>Would it be possible to have a topic on how long people have actually waited for the visa waiver to be approved?

Of course, but best not on this thread.

Just post a new question in the forum. More people are likely to come across it there.

The US embassy states that waiver processing (which is not done in the embassies) is taking 'up to 9 months'. I recall that at least one recent poster waited 8+ months. https://uk.usembassy.gov/visas/ineligibilities-and-waivers-2/ineligibilities-and-waivers/

Personally I'd expect it to take that long and just be pleased if it was quicker.

[ Edit: Edited on 7 Aug 2024, 11:00 GMT by leics2 ]