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Ben Jones
Ben Jones, UK Lawyer
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Advice on obtaining a tourist visa to USA with simple police

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Advice on obtaining a tourist visa to USA with simple police caution for possession of small quantity of class A drug.
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today. What do you specifically wish to know about this?
Customer: replied 1 year ago.
I received a simple police caution in December 2013 for possession of a small amount of cocaine while at a Christmas party. I have booked a holiday to USA in November but have realised that I can not travel with an ESTA. Although it seems that most people simply don't declare the caution and get an ESTA, I would rather admit to my mistake and go through the visa application process. In your experience, will I have any problem getting a tourist visa ? The Caution is my only offence.
Expert:  Ben Jones replied 1 year ago.
You are correct that you are not eligible for ESTA so will need to get a visa. Whether you are successful is not something that can be predicted at this stage. There are various factors which are taken into consideration and you will need to attend an interview to consider your suitability to get a visa. It would be the Immigration Officer’s decision which will determine if you are issued with a visa or not. That will depend on the nature of the offence, its age, your history since, how you present yourself, what answers you give to questions, etc. The factors that will assist you are that this was only a caution (i.e. not a formal conviction), that it is your only offence, that it was a small amount, that it was for personal consumption, i.e. not dealing, and that you have been out of trouble since. The factor that may go against you is that this was an A-class drug. So I would certainly not think that you will be automatically denied a visa, there is every chance you may be given one but I just cannot guarantee that – you will have to go through the process to find out the outcome, but the sooner you do it the better. I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
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