Jump to content
Spentconvict

23 year old marijuana conviction

By Spentconvict in Tourist Visas

 Share

13 posts in this topic

Recommended Posts

Spentconvict Newbie

Spentconvict   0

Posted
Filed: Timeline
Posted

I'm an Australian planning a holiday to New York in May. I was convicted in 1989 of marijuana possession. I will have the conviction "spent" (removed from my record) before landing in the US. Am I at risk of being turned back? I have had no other criminal conviction since. Should I seek a waiver of ineligibility?

Boiler Grand Master

Boiler   45,649

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

Have you completed ESTA.

The US does not have spent convictions.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Boiler Grand Master

Boiler   45,649

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

You declared it.

They authorised it.

Not sure what your concern is.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

I AM NOT THAT GUY Grand Master

I AM NOT THAT GUY   5,715

Posted
Filed: Timeline
Posted (edited)

I'm an Australian planning a holiday to New York in May. I was convicted in 1989 of marijuana possession. I will have the conviction "spent" (removed from my record) before landing in the US. Am I at risk of being turned back? I have had no other criminal conviction since. Should I seek a waiver of ineligibility?

Yes.

(A travel authorization via ESTA is not a guarantee of admission into the United States. Travelers must establish their eligibility for the program during inspection by an officer at a port of entry.)
Edited by ☼
VanessaTony Grand Master

VanessaTony   3,567

Posted
Filed: Citizen (apr) Country: Australia
 Timeline
Posted

I'm an Australian planning a holiday to New York in May. I was convicted in 1989 of marijuana possession. I will have the conviction "spent" (removed from my record) before landing in the US. Am I at risk of being turned back? I have had no other criminal conviction since. Should I seek a waiver of ineligibility?

It is highly unlikely they will admit you. The conviction might have been "spent" when you entered but it isn't removed, not for immigration purposes. It still exists and you still have to declare it.

You are at high risk of being turned back.

Aussie K1 process - http://www.visajourney.com/forums/topic/206016-australian-beneficiaries-packet-3-to-interview-date/
AOS, EAD & AP - the Aussie Way (including document list) - http://www.visajourney.com/forums/topic/235331-aos-ead-ap-from-k1-the-aussie-way-doc-list-included/
ROC April 2012 - http://www.visajourney.com/forums/topic/358760-i-751-april-2012-filers/ (includes document list)
N-400 April 2013 - http://www.visajourney.com/forums/topic/412738-n-400-april-2013-filers/ (includes document list)

N-400 Interview review - http://www.visajourney.com/forums/topic/412738-n-400-april-2013-filers/?p=6381814

N-400 Oath Ceremony review - http://www.visajourney.com/forums/topic/412738-n-400-april-2013-filers/?p=6537699
Aussie Chat page continued - http://www.visajourney.com/forums/topic/331922-new-2011-land-downunder-aussie-aussie-aussie-oi-oi-oi/
Aussie Name Change on Passport Process - http://www.visajourney.com/forums/topic/248400-australian-passport-name-change-process/
Travel on maiden name passport with married name GC, tickets in married name - http://www.visajourney.com/forums/topic/183541-land-downunder-aussie-aussie-aussie-oi-oi-oi/page__view__findpost__p__4135806
Shipping Costs from Aus to US - http://www.visajourney.com/forums/topic/293179-shipping-costs-aus-to-usa/

Notes:
- For my "standard" timeline please see timeline to the left
- For timeline with Aussie specifics & more detailed info, please see the "About Me" section of my profile

Spentconvict Newbie

Spentconvict   0

Posted
Filed: Timeline
  • Author
Posted

It is highly unlikely they will admit you. The conviction might have been "spent" when you entered but it isn't removed, not for immigration purposes. It still exists and you still have to declare it.

You are at high risk of being turned back.

But the Australian Federal Police only provide information for foreign immigration depts on unspent criminal convictions i.e. convictions that occured within the last ten years. So US immigration will not get information on my spent conviction...

ceadsearc Proficient

ceadsearc   516

Posted
Filed: Lift. Cond. (apr) Country: Bolivia
 Timeline
Posted

When you applied for ESTA you were supposed to report it. Assuming you did, the system would have advised you on whether you were eligible for VWP or if you needed to apply for an actual B-2.

If you reported it and were cleared for ESTA then like Boiler said it doesn't sound like a problem. If you did not report it, therein lies your problem.

OUR TIMELINE

I am the USC, husband is adjusting from B2.

ADJUSTMENT OF STATUS

08.06.2010 - Sent off I-485
08.25.2010 - NOA hard copies received (x4), case status available online: 765, 131, 130.
10.15.2010 - RFE received: need 2 additional photos for AP.
10.18.2010 - RFE response sent certified mail
10.21.2010 - Service request placed for biometrics
10.25.2010 - RFE received per USCIS
10.26.2010 - Text/email received - AP approved!
10.28.2010 - Biometrics appointment received, dated 10/22 - set for 11/19 @ 3:00 PM
11.01.2010 - Successful biometrics walk-in @ 9:45 AM; EAD card sent for production text/email @ 2:47 PM! I-485 case status now available online.
11.04.2010 - Text/Email (2nd) - EAD card sent for production
11.08.2010 - Text/Email (3rd) - EAD approved
11.10.2010 - EAD received
12.11.2010 - Interview letter received - 01.13.11
01.13.2011 - Interview - no decision on the spot
01.24.2011 - Approved! Card production ordered!

REMOVAL OF CONDITIONS

11.02.2012 - Mailed I-751 packet to VSC
11.08.2012 - Checks cashed
11.10.2012 - NOA1 received, dated 11.06.2012
11.17.2012 - Biometrics letter received for 12.05.2012
11.23.2012 - Successful early biometrics walk-in

05.03.2013 - Approved! Card production ordered!

CITIZENSHIP

Filing in November 2013

Boiler Grand Master

Boiler   45,649

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

But the Australian Federal Police only provide information for foreign immigration depts on unspent criminal convictions i.e. convictions that occured within the last ten years. So US immigration will not get information on my spent conviction...

So you lied on your application.

Now that could be a serious issue.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Deputy Purple Experienced

Deputy Purple   1,294

Posted
Filed: Country:
Timeline
Posted
MJ has been decriminalized in many states over the past 20 years, and thousands of MJ clinics are legally selling the herb. R U sure its still the same concern it used to be?

It is still a federal offense and immigration is Federal so yes it's still a drug conviction for immigration purposes.


Must have info for bringing your Philippine wife/fiancee's child to the US



A Good Example of why to NEVER use a Fixer in the Philippines

VanessaTony Grand Master

VanessaTony   3,567

Posted
Filed: Citizen (apr) Country: Australia
 Timeline
Posted

But the Australian Federal Police only provide information for foreign immigration depts on unspent criminal convictions i.e. convictions that occured within the last ten years. So US immigration will not get information on my spent conviction...

You DO need to disclose it for immigration purposes. Here: http://www.privacy.gov.au/law/other/criminal#12 click on "exclusions", it will load a word doc that explains for migration, and all sorts of other reasons you MUST disclose the conviction.

I don't know who told you what the AFP discloses to foreign agencies, but that record isn't hidden if they (or you) ask for it (as seen above).

I hope you disclosed it, if you didn't you're in a world of hurt if you try and enter on the VWP and they discover you lied.

Aussie K1 process - http://www.visajourney.com/forums/topic/206016-australian-beneficiaries-packet-3-to-interview-date/
AOS, EAD & AP - the Aussie Way (including document list) - http://www.visajourney.com/forums/topic/235331-aos-ead-ap-from-k1-the-aussie-way-doc-list-included/
ROC April 2012 - http://www.visajourney.com/forums/topic/358760-i-751-april-2012-filers/ (includes document list)
N-400 April 2013 - http://www.visajourney.com/forums/topic/412738-n-400-april-2013-filers/ (includes document list)

N-400 Interview review - http://www.visajourney.com/forums/topic/412738-n-400-april-2013-filers/?p=6381814

N-400 Oath Ceremony review - http://www.visajourney.com/forums/topic/412738-n-400-april-2013-filers/?p=6537699
Aussie Chat page continued - http://www.visajourney.com/forums/topic/331922-new-2011-land-downunder-aussie-aussie-aussie-oi-oi-oi/
Aussie Name Change on Passport Process - http://www.visajourney.com/forums/topic/248400-australian-passport-name-change-process/
Travel on maiden name passport with married name GC, tickets in married name - http://www.visajourney.com/forums/topic/183541-land-downunder-aussie-aussie-aussie-oi-oi-oi/page__view__findpost__p__4135806
Shipping Costs from Aus to US - http://www.visajourney.com/forums/topic/293179-shipping-costs-aus-to-usa/

Notes:
- For my "standard" timeline please see timeline to the left
- For timeline with Aussie specifics & more detailed info, please see the "About Me" section of my profile

  • 1 year later...
mg5 Newbie

mg5   0

Posted
Filed: Timeline
Posted

I'm an Australian planning a holiday to New York in May. I was convicted in 1989 of marijuana possession. I will have the conviction "spent" (removed from my record) before landing in the US. Am I at risk of being turned back? I have had no other criminal conviction since. Should I seek a waiver of ineligibility?

Hey I have a friend in a similar situation. Can I ask how it went, did you make it to the US without being turned back or did you apply for a visa? Cheers

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
 Share
Go to topic listing
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...