Australia Law

Have Australian law questions? Ask a lawyer now.

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

We would like to travel to America next year for around 3…

Hi.We would like to...

Hi.We would like to travel to America next year for around 3 months and one of the questions they ask on the visa waiver form is "have you ever violated any law related to possessing,using,or didtributing illegal drugs".Unfortually 18 years ago i did and went to court and was given a section 10 with 2 years bond with no conviction, so no criminal record.My question is after so many years and no conviction how should i answer the visa waiver question. Thanks

Lawyer's Assistant: What steps have you taken? Have you filed any paperwork with the U.S. government?

No

Lawyer's Assistant: Have you talked to a lawyer about the visa?

No

Show More
Show Less
Ask Your Own Australia Law Question
Answered in 5 minutes by:
3/28/2018
Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 46,962
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
Verified

Hi, I am Leon, a NSW Solicitor. I am reviewing your question and will reply again in a moment.

Ask Your Own Australia Law Question

Good Morning,

you will not be able to use the Visa waiver programme.

Because you have a conviction, no matter how old it is, it must be disclosed and you will be advised that you cannot use the program.

You will need to make an application and have an interview with the United States embassy to be approved for your Visa.

when applying for the Visa waiver programme, they ask not only for convictions but they also ask whether you have been charged. Even though you were granted a section 10 and a conviction is not made, you have been charged and therefore you do not qualify for the program.

Here is some information followed by the link.

ESTA will assess your eligibility for travel to the United States under the Visa Waiver Program. The assessment includes questions regarding previous arrests and/or convictions. If you have been arrested for or charged with a crime, including offences involving the use of a controlled substance, you may require a U.S. visa and, in some cases, a waiver of ineligibility. If you choose to apply for electronic travel authorization via ESTA, the system will advise you whether you must visit one of the U.S. Consulates in Australia to apply for a visa. For further details on ESTA and to see if you are eligible for the VWP please refer to the ESTA website.

https://au.usembassy.gov/visas/visa-waiver-program/

As you can see you will be advised to visit your closes consulate to arrange for your Visa.

If you wish to have a phone call to discuss this in more detail please elect a call or I can send you a request.

I hope this makes sense and is of assistance. If you have found my answer to be helpful, please rate me five stars so I can get paid for my services to you. You rating my work 5 stars allows me to continue to provide a service to those who require it.

I am happy for you to ask further questions on anything you wish more detail on.

Let me know if I have answered your question today.

Regards

Leon

Ask Your Own Australia Law Question
Customer reply replied 4 months ago
Hi Leon.I am a bit disappointed as i was told at the time i would not have anything recorded on my records so i would be able to travel overseas and used a barister to achieve this at great expense. Is this only for America ?.and do you know what are the steps to get an appointment with the u.s consulate.thanks

Good Afternoon,

if you were to do a search of your criminal record, nothing would show up.

Ever since 9/11 the United States is not prepared to allow anyone that has been charged. So if you had been charged by the police and then they drop the charges at a later date, you would still not be able to use the Visa waiver programme.

It is the only country that has this issue. For the rest of the world you can travel electronically without having to disclose anything.

I understand it is disappointing but it is only the United States that has this condition.

All the best and good luck, please do not forget to write my work five-star so that I can be paid and continue to provide this service.

If you have anything further please do not hesitate to contact me.

Regards

Leon

Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 46,962
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
Verified
Leon and 87 other Australia Law Specialists are ready to help you
Ask your own question now
Customer reply replied 4 months ago
Thanks Leon.Just wondering if Canada is part of the U.S. cheers

Good Afternoon,

my understanding is Canada does not have a strict rules and you would be deemed to have been rehabilitated due to the length of time.

Ask Your Own Australia Law Question
Customer reply replied 4 months ago
Thanks.i will try Canada first and see how that goes then try the US.cheers
All the best and good luck
Ask Your Own Australia Law Question
Customer reply replied 4 months ago
Thanks Leon.Your answers put me on the right track to sort my visas out.There are no more questions at moment as i have to fill forms and probably have to book an interview. I have rated you 5 stars so hopefully you will be paid lol.Thanks for your help.cheers

Good Morning

All the best and good luck

Regards

Leon

Ask Your Own Australia Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a solicitorLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Leon Your Own Question
Leon
Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 46,962
46,962 Satisfied Customers
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)

Leon is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Deborah Awyzio

Deborah Awyzio

Solicitor

863 satisfied customers

Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience

Sean

Sean

Experienced lawyer

855 satisfied customers

Law degree with 1st class honours from Australian National University.

James G.

James G.

Lawyer

17 satisfied customers

Australian Legal Practitioner

Darren Kruse

Darren Kruse

Solicitor

16 satisfied customers

Practising in in Personal Injury, Workcover, Civil Disputes, Family, Wills and Estates and Criminal law.

Leon

Leon

Solicitor

46,962 satisfied customers

BEc Dip Ed, Dip Law (SAB) MTax (UNSW)

Daniel

Daniel

Solicitor

5,976 satisfied customers

Bachelor of Laws (dist) Graduate Diploma in Legal Practise. Admitted NSW Supreme Court / High Court

John Melis

John Melis

Lawyer

3,352 satisfied customers

Principal Lawyer at Legal AU Pty Ltd

< Previous | Next >

Related Australia Law Questions
My 20 yo son has gotten into trouble at Mountain Sounds
Hello my 20 yo son has gotten into trouble at Mountain Sounds music festival. He was caught trying to re- enter a licensed premises after being excluded earlier in the day for intoxication. He tried t… read more
Havenlawyer
Havenlawyer
2,531 satisfied customers
I have been charged with possess prohibited drug and 2
I have been charged with possess prohibited drug and 2 counts common assault T2? I have never been charged before? What are the possible outcomes?… read more
Leon
Leon
Solicitor
Master's Degree
46,962 satisfied customers
Hi, I was recently found guilty of possession of dangerous
Hi, I was recently found guilty of possession of dangerous drugs in qld. I wasn't convicted, received good behavior bond for 4 months and given drug diversion. I'm moving to Western Australia to work … read more
Leon
Leon
Solicitor
Master's Degree
46,962 satisfied customers
hi I was caught with 6 grams of cocaine on me on the way driving
hi I was caught with 6 grams of cocaine on me on the way driving down to the snow the police drug bus pulled me over ive said it was for personal use as I do have a cocaine habit . I have to go to cou… read more
Leon
Leon
Solicitor
Master's Degree
46,962 satisfied customers
My partner and I had a silly arguement in which I grabbed her
My partner and I had a silly arguement in which I grabbed her wrists to stop her kicking and punching me but when she calmed down I pushed her on the bed and swore at her... To stop her lashing out wh… read more
Daniel
Daniel
Solicitor
Bachelor's Degree / Graduate Diploma
5,976 satisfied customers
Hello, My name is XXXXX XXXXX I am in NSW. I have got a question
Hello, My name is XXXXX XXXXX I am in NSW. I have got a question re the criminal law. I was charged last year, but my matter discharged without conviction, subject to a Good Behaviour Bond for a perio… read more
Leon
Leon
Solicitor
Master's Degree
46,962 satisfied customers
Do I need to take a lawyer to court for a first time ever offence
Do I need to take a lawyer to court for a first time ever offence of a small amount of drug possession ?… read more
Havenlawyer
Havenlawyer
2,531 satisfied customers
Hi, In 2000 I was charged with possession of Cannibis, (no
Hi, In 2000 I was charged with possession of Cannibis, (no amount specified), and a 'smoking implement', for which I recieved two fines, one of $150 for possesion and $450 for the smoking implement. I… read more
Leon
Leon
Solicitor
Master's Degree
46,962 satisfied customers
20 years ago I was fined for growing a small amount of pot
20 years ago I was fined for growing a small amount of pot for self use, the court said to destroy the evedence and I wouldn.t have a record, would this still show up on visa or job applys?… read more
Leon
Leon
Solicitor
Master's Degree
46,962 satisfied customers
Q. If i were convicted of theft in 1998 and my punishment was
Q. If i were convicted of theft in 1998 and my punishment was a 12 month good behaviour bond, do i qualify for the exception clause for obtaining an ESTA to travel to the USA as i did not serve any ja… read more
Leon
Leon
Solicitor
Master's Degree
46,962 satisfied customers
Hi my son is at present in prison serving a 6 month sentence
Hi my son is at present in prison serving a 6 month sentence for - supplying a dangerous drugs (lysergide). Possessing dangerous drugs in excess of the schedule 3 amount. Possessing dangerous drugs. R… read more
Leon
Leon
Solicitor
Master's Degree
46,962 satisfied customers
My son has recently been charge with possession of 0.1mg of
My son has recently been charge with possession of 0.1mg of amphedimean & drug instructment - pickup a traffic check, recreational user (last used on day of been pickup was 48hrs prior), due in court … read more
Leon
Leon
Solicitor
Master's Degree
46,962 satisfied customers
If you were deported from America 10 years ago for unlawfully
If you were deported from America 10 years ago for unlawfully working and living there and also had a conviction for sale and possession of drugs at that same time would this prevent you from applying… read more
Havenlawyer
Havenlawyer
2,531 satisfied customers
Hi, I have a criminal conviction stemming from possession of
Hi, I have a criminal conviction stemming from possession of a small quantity of cannabis when I was a teenager. I paid my $200 fine at the time and to my mind this is no reflection on the 53 year old… read more
Leon
Leon
Solicitor
Master's Degree
46,962 satisfied customers
can the usa government check if an australian citizen has a
can the usa government check if an australian citizen has a criminal record,for visa applications… read more
Alex
Alex
Lawyer & Solicitor
Master
11,225 satisfied customers
My son was recently convicted for intentionally light fire
My son was recently convicted for intentionally light fire and be reckless as to its spread. This happened even though he did not light any of the two very small fires but was forced by two others who… read more
Leon
Leon
Solicitor
Master's Degree
46,962 satisfied customers
Good Evening I have a question relating a drug possession/supply
Good Evening I have a question relating a drug possession/supply from 2001. I was convicted & sentenced to 6 months of weekend detention & 3 months community service...will it ever become a "spent cri… read more
Maurice
Maurice
Lawyer
Master's Degree
1,980 satisfied customers
By husband to be was charged and jailed for 2 months for sexual
By husband to be was charged and jailed for 2 months for sexual assault over ten years ago, after getting drunk in a bar and pleading guilty. The woman was 19 years old. My fiance is crippled with thi… read more
Alex
Alex
Lawyer & Solicitor
Master
11,225 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x