anne2006

Just a postscript: He's not going to attempt to enter under the VWP. He's canceled his travel plans for now. He'll take his time with the B2 route and deal with the probable need for a waiver, and then he'll just hope to be able to make the visit sometime within the next few years if not sooner. I recommended a quick consultation with a proven immigration attorney so he'll have a better idea of where he stands. Again, thank you all for your help.

Thank you. I'll pass that along.

If an organizer thinks this is better suited to the general immigration forum, that's fine, just thought since the conviction took place in the UK and the subject is related to the VWP, folks here in the UK forum might have more knowledge of this sort of thing.

First of all, I'm an old member under a different name, but since this has nothing to do with me or my own visa process and I'd rather the subject not be associated with my account, I'm posting under an alternate. I hope this qualifies as one of those times when that's acceptable.

An American friend has invited a friend from the UK to visit for two weeks. He plans to enter under the VWP. He's never been to the U.S. before. More than five years ago, he was arrested in the UK for possession of a small amount of pot for personal use. He was convicted and given a fine and probation, no jail or prison time. This is his one and only offense.

Since he hopes to enter under the VWP, he has to fill out the ESTA form online which asks, "Have you ever been arrested or convicted for an offense or crime involving moral turpitude or a violation related to a controlled substance; or have been arrested or convicted for two or more offenses for which the aggregate sentence to confinement was five years or more; or have been a controlled substance trafficker; or are you seeking entry to engage in criminal or immoral activities?" The bolded part is the only part that applies to him.

He will answer this question honestly, but he is wondering if he is likely to be denied authorization or turned away at the POE (we understand that he should get an answer about his authorization either immediately or within 72 hours after submitting the ESTA form). I know for immigrant visas, an admission of past drug use carries a ban, but I don't know if it's the same for a tourist entering under the VWP. There is no question of him trying to remain here past his two-week visit; he has strong ties to the UK and will bring proof of such.

At first, we thought there might be an exception which applied to him on the State Department site here, at the bottom of Page 1 and top of Page 2, since it was only one offense which took place over five years ago for which the maximum penalty would not have been more than one year, and he was not required to serve any time. However, when we read it more closely, it looks like this exception is for crimes of moral turpitude, INA 212(a)(2)(A)(i)(I), but it doesn't look like the exception applies to a controlled substance violation, INA 212(a)(2)(A)(i)(II). I'm not sure we're reading the statute correctly though.

Any insight is appreciated. Of course, it would be helpful to hear about any personal experiences as well, but I understand if folks hesitate to share those. Thank you very much.

The every night, all night poll choices were a lint trap, and considering they racked up 8 ticks each within the first five minutes or so, they seem to have done their job.

I work days, he works nights until 2:30, has two or three nights off a week. One night a week out alone with expat friends from his country seems reasonable to me since we don't see each other much during the work week, and when we do, I'm half asleep. When the one boys' night out was turning into two, sometimes out until 3:30, it was making me feel sad. No question of fidelity - I trust him implicitly and I know his friends. It's also a cultural thing, although he didn't stay out this late regularly before he moved here and always described himself as a homebody. The job has adjusted his body clock. We're good, talking it out and finding a compromise. He didn't want a lecture from me, but when I stopped pushing and started finding things of my own to do, he started compromising and giving me more attention without being asked, so it's all good. He didn't marry a nag, and I'm not going to turn into one. Anyway, just wanted to get an idea of what arrangement works for most folks, and it looks like I'm not wishing for too much. Although my own dad was always home for dinner and afterward (so naturally that's my ideal arrangement), I certainly think my husband should have a night a week to go out with his buddies and speak his language, even an occasional really late night out, but I need my turn in his company too Thanks for the input everyone.

For those couples currently living together, how many nights a week does one partner go out without the other and how late do they stay out? What do you consider acceptable? At what time should the deadbolt be thrown for the night?