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Buachaill, Barrister
Category: Employment Law
Satisfied Customers: 10955
Experience:  Barrister 17 years experience
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Jenny, I am a UK citizen and have just accepted a new Job offer, which involved flying

Customer Question

Hi Jenny, I am a UK citizen and have just accepted a new Job offer, which involved flying to the USA for a 1-week training course. I need to complete a Visa Waiver Program and noticed I needed declaration of "Violation of any law, including drug possession". A Few years ago, I was arrested overseas, during a holiday for possession of a meagre amount of cannabis, where I had to provide my details at the police station and my narcotics seized. Once this was complete, I was sent on my way, with no further Court-Summons, or fine associated with the arrest. Please can you confirm if this would constitute "Violation of Law for Drug Possession" and whether I would need to declare this? I'm deeply traumatised about the prospect of this affecting my future career and welcome any advise you can offer?
Thank you in advance.
Submitted: 2 years ago.
Category: Employment Law
Expert:  Buachaill replied 2 years ago.
1. At the outset, you are reading this Visa Waiver form too literally. When it says "violation of any law, including drug possession" it is referring to criminal convictions, not situations where you broke any law. For example, your Expert routinely breaks the law by driving over the speed limit in 30mph zones. However, I am certain this Question is not asking me to declare that on the form. Similarly, your Expert has been stopped whilst having drunk alcohol when driving but let go with a warning by the police. However, this is not what has been intended to be caught by this Question on the Visa Waiver form. Accordingly, you can safely not refer to the occasion when you were stopped on holiday for a meagre amount of cannabis and had it taken off you. The Question only refers to recorded criminal convictions. So unless you want to include pages of occasion when you broke the law and weren't prosecuted for it, you can safely leave out the occasion you were on holiday and had a meagre amount of cannabis.