i-94w visa,convictions and going to usa,help

Marty_J

The US embassy will always tell you that if you're at all unsure, you should apply for a visa.

It's not the US embassy who will decide whether or not you're eligible for the Visa Waiver Program, it's the immigration officer at the point of entry based upon your answers to the I-94W form and any information they might hold about you.

They do not have access to the UK's criminal records, but if they ask, lying to an immigration officer is a very serious offence, so you want to be absolutely sure.

If you're in any doubt, it might be best to apply for a visa for your own piece of mind (though having a visa doesn't guarantee entry). But there is absolutely nothing in US immigration law that supports the US embassy's assertion that anyone convicted of a crime is ineligible to enter visa-free.

Different embassies also hand out different information regarding ineligibility for the VWP. The US embassy in Australia for instance, says that if you have committed a crime involving moral turpitude, then you are ineligible. It says if you're unsure then you should apply for one. It doesn't say that you're ineligible if you have ever committed any crime. However, it does advise that if you've been convicted of a drink-driving offence, then you should apply for a visa.

poet123

The US immigration officials are not the sort of people to get on the wrong side of....it is simply not worth taking the risk,unless you are OK with the rubber glove treatment....make the apt, get a visa ,enjoy the holiday. Simple and the best advice.

Marty_J

I was in the US earlier this year, and the immigration official was polite but businesslike. Asked if I'd ever been in the states before, stamped my passport, and said he hoped I'd enjoy my stay.

I had heard some horror stories, but it was all over in a minute or two. I didn't have to queue for too long either which was nice.

dzug1

To throw another complication into the equation, if you apply for a visa and have a drink problem, you may have a hard time getting it. They may want a medical report (more expense and delay) and evidence that you have overcome the problem. (Denying you have one will be taken as evidence that you do).

This is certainly the case for immigrant visas - whether the same rules apply to tourist visas I don't know. Generally they tend to. If so then applying for a visa when US law clearly says you don't need one is not the best course of action.

dzug1

d123 wrote: »

Seems the US embassy here is making up their own definitions, as someone has already posted, it's probably just a revenue gathering exercise by them.

There is actually a full definition and list of "moral turpitude" offences on a wiki page.
http://en.wikipedia.org/wiki/Moral_turpitude

They are not really making up their own definitions - they are saying that they don't trust the British public to correctly interpret the definitions defined in US law and that they'd rather do it themselves, in slow time. with all the facts in front of them. Not over the phone where someone may only tell half the story, or even on a website where many won't read beyond the first sentence. I suspect that they are perfectly correct in this judgement.

I'd venture to guess that if you have a recent conviction, apply for a visa and get it without problems/delay, then you didn't need it and could have safely (and legitimately) used the visa waiver scheme. If it was a crime of moral turpitude then you would either been refused the visa or subjected to a delay while they processed a waiver of ineligibility for you.

Soubrette

Marty_J wrote: »

I was in the US earlier this year, and the immigration official was polite but businesslike. Asked if I'd ever been in the states before, stamped my passport, and said he hoped I'd enjoy my stay.

I had heard some horror stories, but it was all over in a minute or two. I didn't have to queue for too long either which was nice.

Did you not have your fingerprints taken? My daughter and I both did - I'm 40 and she was 15 at the time. My Canadian husband did not and neither did my youngest daughter.

Sou

Swirlywurly

I have just come back from belfast having got a visa. I was cautioned when I was 17 for theft and although i probably would have got away with just going through immigration i didn't want to risk it.

Once i got into the embassy and they'd checked everything they didn't even ask me waht i had been arrested for and said my visa would be ready in two days which is a big relief. The nature of my future career means that i did not want to do anything to jepordise my chances of being allowed to go anywhere in the future. I think the jumping through hoops is ridiculous. I had to go to Belfast despite living in london because there were no appointments available until oct in london. Most other people at the embassy had committed very very minor offences and were simply being careful.

I should have my visa early next week, and although it was time consuming and annoying and expensive at least i can approach immigration without worrying.

cazziebo

Marty_J wrote: »

I was in the US earlier this year, and the immigration official was polite but businesslike. Asked if I'd ever been in the states before, stamped my passport, and said he hoped I'd enjoy my stay.

I had heard some horror stories, but it was all over in a minute or two. I didn't have to queue for too long either which was nice.

I've been many times. Sometimes I've found them very pleasant, other times very difficult. No reason for either, I'm squeaky clean and usually travelling with my children.

I would NOT take the risk.

Erikin_2

On the green waiver form there is more to answering yes or no to the moral turpitude question. You may be able to say you have not committed a moral turpitude offence but still not be able to truthfully tick the no box. The question is multi-faceted; covering in addition to moral turpitude, drugs, two or more offences and immoral activities.


There is no statue definition of moral turpitude – its definition is built on case law. A crime such as simple assault has not been considered to involve moral turpitude.


Possible example. One arrest/conviction for a simple assault (ABH – max penalty five years) you could answer no – but a second arrest/conviction for anything would render you to answer yes under the two offence part of the question.


Regarding the OP - appears to be two offences drink and assault – if the aggregate sentences are 5 years or more ( which could well be) the person does not qualify for the visa waiver program.

bwatt00

Swirlywurly wrote: »

I have just come back from belfast having got a visa. I was cautioned when I was 17 for theft and although i probably would have got away with just going through immigration i didn't want to risk it.

Once i got into the embassy and they'd checked everything they didn't even ask me waht i had been arrested for and said my visa would be ready in two days which is a big relief. The nature of my future career means that i did not want to do anything to jepordise my chances of being allowed to go anywhere in the future. I think the jumping through hoops is ridiculous. I had to go to Belfast despite living in london because there were no appointments available until oct in london. Most other people at the embassy had committed very very minor offences and were simply being careful.

I should have my visa early next week, and although it was time consuming and annoying and expensive at least i can approach immigration without worrying.

Well i was thinking of telling her to go to belfast one,but a few questions,she has a court letter i think from when the things happened,will she need to get an updated one,also police clearance/checks she has one i think from say 9 months ago both national and scottish im sure i read she needs one in the last 6 months and did you get an interview asap or have to wait ages to get yours,the thing is and we are probably to late,i am going away on the 30th august and was wondering if we would have time to get her her visa before then,i not booked flights or anything for her as maybe too late now but if i knew there was a chance with the belfast one then we could get things started now,but i think we might be too late now.

Also for others on this forum what about this when i comes out in august 1st will this not be enough for her if she passes it,as maybe a better option:

http://www.visabureau.com/esta-visa.aspx