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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I am due to fly to America next Monday for a 3 week holiday

Resolved Question:

I am due to fly to America next Monday for a 3 week holiday with my parents. I was fined £140 at court last Wednesday for possession of cocaine. Will I still be able to go on holiday
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.
Alex Watts :

Hello my name is ***** ***** 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.

Alex Watts :

You should have already applied for an ESTA which is an authorisation to travel

Alex Watts :

There are two questions that concern you -

Alex Watts :

1) Have you ever been convicted of an offence involving moral turpitude

Alex Watts :

You can tick no to this as possession is not classed as such

Alex Watts :

2) Have you ever been arrested or convicted of an offence involving drugs

Alex Watts :

This is where it gets tricky

Alex Watts :

If you tick yes the ESTA will be denied and you will have to apply for a visa. There is no guarantee of this and it can take longer than a few weeks to get it

Alex Watts :

However contrary to popular belief the UK does not share all its data with the USA

Alex Watts :

Therefore for such a minor offence US officials are not likely to know about this

Alex Watts :

So if you tick no, then the chances are unless you say it at immigration no-one will know.

Alex Watts :

Obviously there is no guarantee but thousands of people travel to the USA every year with minor convictions but do not declare them.

Alex Watts :

Can I clarify anything for you about this today please?

Ash and 3 other Law Specialists are ready to help you