VISA PROBLEM

[Oakfieldman 0]

Hi everyone,

I am from the UK and having just finished school am currently enjoying my gap year.

I have also been admitted to a college in the US.

Here is my problem:

I was arrested when i was 16 for possession of a class b drug. I was given a police reprimand within 3 hours and that is the last i have heard from them. I was not convicted and did not need to appear in court, had i been over 18 it would have only been a roadside warning and i would not have been arrested.

I also plan to do some travelling this year, South America and South East Asia if anyone was interested. I plan to travel from March to mid July, with my college beginning at the very end of august.

In terms of applying for the visa, how long before i actually start my studies, say they start September 1st, can i apply for my visa? is it possible to apply for the visa before i go on my travels? or is it something that can only be done a certain amount of time before my studies commence?

Taking my arrest into account, is this something, legally speaking, i am required to disclose to the US government? i have read somewhere that if the crime is not in breach of moral turpitude then the crime is essentially redundant. Please, that is only something i have read and will understand if it looks like a stupid, be it hopeful, assumption. In terms of the actual arrest, it was only an arrest and not a conviction, together with the fact i was a minor at the time. Do i still need to declare the incident? I have also heard that, if you do decide to make your arrest known, any further activity is handled by homeland security, which can take months to process?

This prompts another question: say i do declare reprimand, which is not actually a criminal record although it is recorded on the database for up to five years following the incident, and the process takes for example 4 months. If i apply after i return from my travels does this mean that i might not get a visa in time for college? or does it mean that i should apply before i go? but then once i am gone is there any chance that i will need to be present at the embassy, something i wont be able to do if in Brazil?

I cannot book my travels until i know the full context of the whole application process. i cannot apply for the visa until i know the affect my arrest will have on proceedings. PLEASE help me i am in a dire situation and have no helpful friends or family.

Kind Regards,

Bill

[Nich-Nick 3,353]

THIS IS A LONDON SPECIFIC ANSWER FOR UK RESIDENTS

One thing I can address is your police record. Order your police certificate. If it say NO TRACE, there is no record. If you have ever had a caution, conviction, etc, it will usually say NO LIVE TRACE. That means there is a record and the embassy wants to know the details.

You are wrong on ---"This prompts another question: say i do declare reprimand, which is not actually a criminal record although it is recorded on the database for up to five years following the incident". It may not be released to potential employers, but the record is there, and the US government wants to see it. You may need to order a Subject Access Report to provide the details. Drug charges are as serious as CIMT. You can be excused by the embassy depending on the age, amount, etc. Research it an official site, not a forum.

Documents required http://photos.state.gov/libraries/unitedkingdom/164203/cons-visa/appointment_letter_fm.pdf

Arrests and ordering police certificate http://london.usembassy.gov/niv/add_crime.html

How to apply http://london.usembassy.gov/niv/apply.html

And use a PC to read those links. The mobile version is harder to find info and leaves things out.

Timing? Don't know much about student visas. I think you can apply early, but it won't be valid until 30 days before the start date of your University. The embassy gets very busy and slow in the summer, so maybe try to beat the last minute crowds.

Edited January 17, 2014 by Nich-Nick

[jan22 2,900]

The visa application asks if you have ever been arrested or convicted -- so, yes, you must disclose the arrest. It likely won't be held against you -- unless you try to conceal it.

You can apply up to 120 days before the program start date that's listed on your I-20 form. However, you cannot enter the U.S.as a student until 30 days prior to that same date. (Example: Your I-20 start date is March 30th; you can apply for the student visa on January 1, but you could not use it until Feb. 28th).

[Boiler 43,549]

Take details of the Rehabilitation/Treatment programme you undertook.

[Oakfieldman 0]

Okay thank you very much nich nick.

In terms of the arrest and how long it appears on my record, i was only going off what the policeman who made the arrest told me! he said in 5 years it would be like the arrest had never happened in terms of my record.

I am being forced to a forum because of how unhelpful the US government website has been in this area, along with a host of other websites that seem to give the bare minimum when it comes to police related incidents. i am just trying to get a wider view on the situation with the help of, hopefully, some first hand experience.

What exactly is CIMT?

And do the embassy have access to details of the arrest in such depth? it was a small enough amount that the officer said he wished i was 18 so he could have just given me a roadside warning and not have to take me back to the station for processing (says a lot about our police force!).

[Oakfieldman 0]

Jan22, i see. How is this sort of case treated normally? i was 16 at the time and have been no trouble to the constabulary since. I have heard of many people, my cousin being one of them, who have lied and got away with it in the interview and have never been followed up. This is not something i want to do as it puts a lot at risk. but at the same time, if i confess and am not allowed a visa then i have lost the same amount. This american university is currently the only uni i have got into and cannot afford to have this flop. this is why i am trying to ascertain as much knowledge as i can about the situation.

It probably doesnt make a difference, in fact i am sure it doesnt, but in case anyone was wondering it was weed which i know is now medically legal in Massachusetts...

Boiler, i was offered the rehab course but i turned it down as i dont think they were free and they were optional. will it make a difference when talking to the embassy?

Edited January 20, 2014 by Oakfieldman

[Oakfieldman 0]

I suppose my next worry is now that i know i cannot apply for a visa until may basically, if, upon my return to england in say June/July, i am referred to homeland security because of my arrest and they tell me that the processing is going to take longer than i have before i am meant to start uni, will they contact the uni for me and explain the situation? in that case are the uni likely to reconsider my position at their school because i have history with the police?

[Nich-Nick 3,353]

Okay thank you very much nich nick.

In terms of the arrest and how long it appears on my record, i was only going off what the policeman who made the arrest told me! he said in 5 years it would be like the arrest had never happened in terms of my record.

If you want to know if anybody can find out, order a police certificate ASAP. If it says NO TRACE, you are squeaky clean. If it says No LIVE Trace, there is a record.

I am being forced to a forum because of how unhelpful the US government website has been in this area, along with a host of other websites that seem to give the bare minimum when it comes to police related incidents. i am just trying to get a wider view on the situation with the help of, hopefully, some first hand experience.

The immigration laws are so detailed that what "somebody" says on a forum might not be the whole story is why going to the source is a good thing. Try this http://www.travel.state.gov/content/visas/english/general/ineligibilities.html#visa drugs come under health related grounds for Ineligibility.

What exactly is CIMT?

Crime involving moral turpitude. Again very detailed. Try the Foreign Affairs Manual http://www.state.gov/documents/organization/86942.pdf

And do the embassy have access to details of the arrest in such depth? it was a small enough amount that the officer said he wished i was 18 so he could have just given me a roadside warning and not have to take me back to the station for processing (says a lot about our police force!).

I don't know what they can access. I don't even know if a police certificate is required for a student visa. They won't notify your Uni. They aren't tattletales. They just approve or deny visas. The consulate officer can say.."fine you were a kid and it was a small amount of weed". He doesn't have to refer it to Homeland Security. Somewhere it is outlined ages, exact amounts of substance, and what type of immigrants it all applies to, etc. I can't quote all the law. I haven studied law. That's why I said keep looking. I mainly wanted you to know how to tell if there is a record on the books or not. Then you go from there.