Student Visa w/ conviction

richy

Hi there,

I have an opportunity to go on work placement/erasmus to the states with college, California in particular.

My issue is that I was in court recently and Im not sure how things would work out.

Basically, was caught with cannabis when driving. Got probation act for possession but was given two convictions for having defective brake lights, one for each brake light. I know that minor motoring convictions shouldnt be an issue per se but the court appearance for brake lights is the same as the cannabis.

I also went to the States on an ESTA and came back a week before my court date where I got probation for cannabis and conviction for motoring. Have no other previous.

I have appealed the motoring convicitons and this should be settled either way before christmas with placement after christmas.

I have a worry about applying for the student visa.

1) If the embassy asks for court/garda details surrounding my conviction for motoring offense will it mention everything that happened or just say conviction for defective brake lights? AFAIK, a criminal record check does not show probation act offenses. But im worried that a report from the guard in question will be needed.

I am worried that they will find out about arrest for cannabis possession and that I will be barred from entering the USA again on a holiday visa.

Am i best off forgoing this opportunity so that I can holiday there/potentially work there in the future?

I know they take lying extremely seriously in immigration and also drug offenses so I dont have a hope of ever getting in if they found out about either.

Any advice appreciated.

circular flexing

The question on the ESTA form is

Have you ever been arrested or convicted for an offence or crime that resulted in serious damage to property, or serious harm to another person or government authority; or ever violated any law related to possessing, using, or distributing illegal drugs?

So if you were arrested for possession, and then travelled on ESTA you likely should not have been allowed to travel.

You will have to disclose the arrest and caution. Whether it will impact your chances of being allowed into the US will be up to the embassy.

If you do require a waiver (and more than likely you will), they take about 8-9 months to be processed.

flatty

I'd always thought that probation meant no criminal record, and the motoring offences were civil so irrelevant??
I'm not legal but that would have been my understanding.

richy

circular flexing wrote: »

The question on the ESTA form is



So if you were arrested for possession, and then travelled on ESTA you likely should not have been allowed to travel.

You will have to disclose the arrest and caution. Whether it will impact your chances of being allowed into the US will be up to the embassy.

If you do require a waiver (and more than likely you will), they take about 8-9 months to be processed.

I ticked no on the ESTA as I knew I wouldnt be allowed in without a meeting in the Embassy. Time constraints combined with the fact I was on holidays with gfs family meant I couldnt risk it.

AFAIK, the US wouldnt have any info about the cannabis probation act so it will only come up if I have to get information surrounding my convictions (motoring) ie letter from guards stating events etc.

flatty wrote: »

I'd always thought that probation meant no criminal record, and the motoring offences were civil so irrelevant??
I'm not legal but that would have been my understanding.

It does AFAIK for criminal record checks but not sure if the guards can disclose I was caught with cannabis even if a conviction isnt recorded.

Cheers for replies.

jackinthemix94

richy wrote: »

I ticked no on the ESTA as I knew I wouldnt be allowed in without a meeting in the Embassy. Time constraints combined with the fact I was on holidays with gfs family meant I couldnt risk it.
.

So you misstated facts to the federal government and broke federal law so you could enter the country? Wow. That will go down well.

Fathom

Contact US Embassy? Ask them?