Am I ineligible for an ESTA/J1 visa after being cautioned for forgery?
So a couple of years ago, I got addicted to benzos and forged a script which I presented to a pharmacy. The pharmacist became suspicious and called the police who took me in and cautioned me.
I actually travelled to the U.S. once after that on an ESTA I already had that was valid for two years. Now I would like to apply for a J1 next year. However from reading the website of the US Embassy, it seems that anyone who is not charged but merely cautioned of an offense that involves controlled drugs is ineligible for an ESTA and all U.S. visas.
Would this apply in my case? My caution doesn't state anything about drugs but merely a forged script. Also I'm not sure if benzodiazepines would be classified as "controlled drugs".
Best Answer
The exact question on the visa application (DS-160) is :
Have you ever been arrested or convicted for any offense or crime, even though subject of a pardon, amnesty, or other similar action?
Note that there is no mention of drugs in this question - it is for ANY arrest or conviction (unlike the ESTA application, where it is more specific). Also note the mention of "pardon, amnesty or other similar action", which includes UK Cautions, and thus you are required to declare your caution in response to this question.
This is confirmed by the website for the US Embassy in the UK, which states :
If you have ever been arrested, cautioned and/or convicted of an offense anywhere in the world, you are required to declare it when applying for a visa.
Answering yes to this question will most likely result in a denial for a ESTA application, however it will NOT immediately result in a denial for a visa application. All US visa applications require an interview at a US consulate, and during that interview you will be able to provide details of the incident, and the interviewer will determine if you are eligible to receive a visa, or if you are ineligible based on the offence.
If you are found ineligible for a visa then you may be allow apply for a "waiver of ineligibility", which, if approved, would allow you you be issued with a visa.
Entering false information on an ESTA/visa application is never a good idea, and can result in you being banned from travel to the US if you are found out. The fact you entered false information on your ESTA application will most likely NOT be held against you, as long as you correct it by entering the correct details on your new visa application.
There is also a second question on the DS-160 application which may be relevant to you, which is :
Are you or have you ever been a drug abuser or addict?
How you answer that question will obviously depend on your personal circumstances and in particular what legal proof exists of your former addition, however answering "Yes" to this question will almost certainly leave you ineligible for a visa (although as above, it may be possible to obtain a waiver of ineligibility to overcome this, depending on the circumstances).
Unfortunately for you, drugs addictions and crimes are one of the areas that US immigration is very strict about, and such history/offences can be very difficult to overcome.
Pictures about "Am I ineligible for an ESTA/J1 visa after being cautioned for forgery?"
Can you get a US visa with a police caution?
If you have a caution and it is getting in the way of your dreams of moving to the US, the good news is that it is possible to have your caution deleted. We have had hundreds of cautions deleted over the years, and we often work closely with US Attorney's to help Visa and Green Card Applications.What would stop me getting a visa for America?
Under US Immigration law, if you have been arrested at any time, you are required to declare the arrest when applying for a visa. If the arrest resulted in a conviction, you may be permanently ineligible to receive a visa.How long does an ESTA last?
Your ESTA authorization is generally valid for multiple trips over a period of two years (starting the date that you are approved) or until your passport expires, whichever comes first. As long as you received an ESTA authorization to travel, you do not have to reapply during the validity period.How much is an ESTA visa?
Fee for application is $21.00 USD. Valid payment methods include MasterCard, VISA, American Express, Discover (JCB or Diners Club only), and PayPal.I GOT DENIED MY J1 VISA 😭
Sources: Stack Exchange - This article follows the attribution requirements of Stack Exchange and is licensed under CC BY-SA 3.0.
Images: Nataliya Vaitkevich, Rachel Claire, olia danilevich, MART PRODUCTION