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Ash
Ash, Solicitor
Category: Immigration Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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Hi I have applied for an ESTA Visa for the US and clicked

Customer Question

Hi

I have applied for an ESTA Visa for the US and clicked no in the question asking;

'B) 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?'

as it would not let me proceed when I clicked yes. I was arrested for drink driving over 6 years ago and am now concerned. Please could you give me some advice on what I should do?

I sell Cannabis seeds for a living, which is perfectly legal in the UK. My website specifically does NOT sell to the US. Will I be refused entry if questioned about this?

I have a flight booked for 2nd Jan.

Many thanks
Submitted: 2 years ago.
Category: Immigration Law
Expert:  Ash replied 2 years ago.
Hello my name is Alex and I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.

A) Drink Driving - this is not an offence of moral turpitude so you are quite right to tick no.

B) Selling seeds - as long as you have not been arrested/convicted for this and you do not plan in doing this in the USA you do not need to declare it and it will not be an issue.

It is possible you may be asked what you do for a living and that means you could be questioned - but this is unlikely.

Can I clarify anything for you about this today please?

Happy Christmas!

Alex

Customer: replied 2 years ago.

Hi Alex


 


Thanks for your reply.


 


I have not been arrested for selling seeds and have no intention of selling them in the US. I understand that you probably won't be able to give me any definitive answer, but if I were to be questioned about what I do for a living how do you think customs likely react? Would they have a right to refuse me entry because of my profession? I am assuming they can refuse me entry for any reason they want, is that correct?


 


Many thanks



Danny

Expert:  Ash replied 2 years ago.
If it is legal in the UK they will only want to make sure that you do not have anything with you bringing into the USA. Yes they can potentially refuse entry.

Alex

Customer: replied 2 years ago.

OK, thanks for your help Alex.


 


Happy Christmas to you too.


 


Danny

Expert:  Ash replied 2 years ago.
If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.
Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.

Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/


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